Release Of Liability; Waiver Of Claims,

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RELEASE OF LIABILITY; WAIVER OF CLAIMS, ASSUMPTIONS OF RISKS AND INDEMNITY AGREEMENT BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN
LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
Initial Here ________________
DEFINITION
In this agreement the term “Whitewater / River Rafting Activities” shall include all activities in any way related to the Adams River Rafting trip, kayaking, or
canoeing and including, but not limited to, orientation and instruction sessions, transportation or travel to and from the river, loading and unloading of vehicles,
rafts and boats, camping, backpacking, fishing, hiking, backcountry travel and all recreational activities offered (hereinafter referred to as “The Activities”).
ACKNOWLEDGEMENT – WHITEWATER / RIVER RAFTING SAFETY
I acknowledge that I have been advised to wear a helmet and lifejacket while river rafting. Instructions in the proper use of the helmet and lifejacket is available
from the guides. I am aware that the physical exertion required by river rafting and the forces exerted on the body can activate or aggravate pre-existing physical
injuries, conditions, symptoms, or congenital defects. I have been advised to seek medical advice if I know or suspect that my physical condition may be
incompatible with river rafting. I acknowledge that I am not nor will I be under the influence of drugs or alcohol while participating in these activities.
ASSUMPTION OF RISKS
I am aware that Whitewater / River Rafting Activities involve many risks, dangers, and hazards including, but not limited to: accidents which occur during
transportation or travel to and from the river, the overturning or upsetting of rafts or boats; sudden violent and unexpected movement of the boat or raft;
entrapment by trees, logs, rocks or equipment; hypothermia due to exposure to very cold water; falling from the boat or raft into long sections of continuous
rapids; impact or collision with rocks, trees, logs, deadfall, other vessels, and other boating equipment; encounters with domestic or wild animals; high winds;
equipment failure; variation in the water conditions, surfaces and currents; and negligence of other boaters and rafters. I am also aware that fishing, hiking,
backpacking, camping, and back country travel involve many risks, dangers and hazards, including but not limited to: steep slopes in their natural state that may
contain many obstacles and hazards; terrain that may not have been travelled on or climbed before and is not regularly patrolled or inspected; becoming lost or
separated from the guide or party; rock slides; rapid and extreme change in weather conditions; negligence of other participants.
Communication in the backcountry terrain is difficult, and in the event of an accident, rescue and medical treatment may not be available. I am also aware that
there is a risk of NEGLIGENCE ON THE PART OF THE OPERATORS, INCLUDING THE FAILURE BY THE OPERATORS AND THEIR STAFF TO SAFEGUARD OR PROTECT
ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS, AND HAZARDS ASSOCIATED
WITH THE ACTIVITIES AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
Initial Here ________________
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of THE OPERATORS agreeing to my participation in the Whitewater / River Rafting Activities and permitting my use of its equipment, vehicles,
parking and other river rafting facilities (hereinafter referred to as the “rafting facilities”), and for other good and valuable consideration, the receipt and
sufficiency of which is acknowledgment, I hereby agree as follows:
1.
TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE OPERATORS AND THE PROVINCE, AND THEIR
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, GUIDES, INSTRUCTORS, INDEPENDENT CONTRACTORS, SUB-CONTRACTORS AND
REPRESENTATIVES (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 River Raving
Activities. DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE,
INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, ON THE PART OF
THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, AND
HAZARDS OF THE RIVER RAFTING ACTIVITIES REFERRED TO ABOVE.
Initial Here ________________
2.
TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage or personal injury to any third party resulting from my
participation in Whitewater Activities;
3.
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;
4.
That this Agreement shall be governed by and interpreted in accordance with the laws of the Province of British Columbia; and
5.
That any litigation involving the parties to this Agreement shall be brought within the Province of British Columbia.
6.
PHOTO RELEASE – I agree to photographs taken of me during my participation in the Activities, and to the publication of the photographs by the Operators for
advertising, promotional and marketing purposes.
MARINE LIABILITY ACT: The Marine Liability Act, S.C. 2001, c. 6 may limit the liability of the Operators in the event of an accident resulting in injury or death.
In entering into this Agreement, I am not relying on any oral or written representation or statements made by the RELEASEES with respect to the safety of
Whitewater Activities, other than what is set forth in this Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM
WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, EXECUTORS, ADMINISTRATORS, ASSIGNS, AND REPRESENTATIVES MAY HAVE AGAINST THE
RELEASEES. Signed on
TODAY’S DATE:
, 20
Participants Signature
Print Participant Name
Parent / Legal Guardian
Print Parent / Legal Guardian Name
Signature
Witness Signature
Print Witness Name
(Must be 19 years or older)
(Must be 19 years or older)

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