Please list any critical medical/emotional conditions, including allergies, that will affect participation. (ie. Heart condition, dislocations, headaches, epilepsy, asthma, diabetes, etc.)
RELEASE OF LIABILITY, WAIVER OF CLAIMS,
ASSUMPTION OF RISKS, INDEMNITY AGREEMENT, AND JURISDICTION AGREEMENT
BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY!
TO: White Squall Ltd., Her Majesty the Queen in the Right of the Province of Ontario and its directors, officers, employees, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors and assigns (all of whom are hereinafter referred as “the Releasees”)
DEFINITIONS. In this agreement:
A) The term “activities” shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include, but is not limited to: flat water kayaking, whitewater kayaking, sea kayaking, flatwater canoeing, whitewater canoeing, stand up paddle boarding, hiking, wilderness camping, winter camping, wilderness travel, snowshoeing, moving water, still water and ocean kayaking; rental of kayaks, canoes, stand up paddle boards (hereinafter “the boats”) and other related equipment; orientational and instructional courses, seminars and sessions; and all travel, transportation and accommodation.
B) The term “transportation” shall refer to all forms of transportation off road and on public roads and private roads, including White Squall Ltd. owned vehicles, leased vehicles, Participant owned vehicles, motorized vessels and snowmobile either provided by or arranged by White Squall Ltd. or in any way related to the activities including, but not limited to: loading, unloading and travel in or movement around vehicles, motorized vessels and snowmobiles.
C) The term “Injury” shall refer to all forms of physical, mental, and emotional injury in any way related to the activities and transportation including, but not limited to: death, breaks, strains, lacerations, dislocations, amputations, frostbite, hypothermia, trauma, property and financial loss, anxiety, phobias, allergies, psychological trauma and fears.
I am aware that the activities and transportation involve risks, dangers and hazards in addition to those normally associated with travel in land and water based wilderness environments. These may include, but are not limited to: cold water, strong winds, currents, waves, boat traffic, open water crossings, hazards of wilderness travel, camping on exposed islands, wildlife attacks, lightning strikes, slipping and falling, exposure to temperature extremes, inclement weather, failure to predict weather, vehicle rollovers, overloaded roof racks, pulling trailers, unsafe driving, unsafe road conditions; the failure to boat safely within one’s own ability or within designated areas; human error, failure to forecast or recognize a hazardous situation, negligence of other boaters, hikers, or rescuers; and NEGLIGENCE ON THE PART OF OTHER PARTICIPANTS, WHITE SQUALL LTD. OR THEIR GUIDES, EMPLOYEES, AND CONTRACTORS INCLUDING THE FAILURE OF WHITE SQUALL LTD OR THEIR GUIDES, EMPLOYEES, AND CONTRACTORS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES AND TRANSPORTATION. Communication in both land and water terrain used is difficult and in the event of an accident, rescue and medical treatment may not be available. Weather conditions may be extreme and can change rapidly and without warning, making travel by any means hazardous.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH SKIING, BOATING, CLIMBING, HIKING, RESCUE, WILDERNESS TRAVEL, AND TRANSPORTATION AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
In consideration of White Squall Ltd. allowing me to participate in the activities, and transportation, and my use of their services, equipment and other facilities, and for other good and valuable consideration, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against White Squall Ltd. and their owners, directors, officers, employees, instructors, guides, agents, independent contractors, representatives, successors and assigns (all of whom are hereinafter referred to as the “RELEASEES”) and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer or that my next of kin may suffer as a result of my participation in the activities, and transportation, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF THE RELEASEES, AND INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES AND TRANSPORTATION.
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in Wilderness Travel, and transportation;
3. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any costs they may incur for medical costs, search and rescue, evacuation, and litigation resulting from my participation in the Activities, and transportation;
4. That this Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
5. That this Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the province of Ontario and no other jurisdiction, and
6. That any litigation involving the parties to this Agreement shall be brought solely within the Province of Ontario and shall be within the exclusive jurisdiction of the Courts of the Ontario.