Riverside Retreat Inc and its directors, officers, employees, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors and assigns (all of whom hereinafter referred as "the Releasees")
Definition: In this Release Agreement the term "Water 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: Whitewater, still water, river, lake and ocean surfing, boogie boarding, wind surfing, sailing, snorkeling, canoeing, kayaking and paddle boarding; rental or use of related equipment; orientational and instruction courses, seminars and sessions; and all travel, transportation and accommodation.
Rental Agreement: I accept full responsibility for the Equipment rented and agree to pay for any damage to the Equipment and replace the Equipment at full retail value if not returned by the agreed date.
Safety: I acknowledge that I have been advised to wear an approved personal floatation device during any Water Activities and to carry other safety equipment such as spray deck, pump, paddle float and bailer. I am familiar with the proper use of the Equipment, including how to self-rescue, and of the ocean environment including tides, currents and weather effects.
Assumption of risk: I am aware that Water Activities involve many risks, dangers and hazards including, but not limited to: accidents which occur during transportation or travel to and from location of Water Activities; slips, trips and falls while getting into or out of the Equipment; overturning of the Equipment, loss of balance; impact, collision with or entrapment by trees, logs, deadfall, boats or equipment or other participants; hypothermia; drowning; changing and inclement weather conditions, including storms, high wind, high waves and lightening, encounters with domestic or wild animals; failure of the Equipment; negligence on the part of other participants; and NEGLIEGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS AS A RESULT OF MY USE OF THE EQUIPMENT.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCITATED WITH THE WATER ACTIVITIES AND I FREELG ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFORM.
RELEASE OF LIABILITY, WAIVERS OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the RELEASEES agreeing to rent me the Equipment and permitting my use of their services, equipment and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1. TO WAVE ANY AND ALL CLAIMS that i have or may have in the future against 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 many suffer, as a result of my participation in the Water Activities or use of the Equipment, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF WARRENTY ON THE PART OF THE RELEASEES IN RESPECT OF THE DESIGN, MANUFACTURE, SELECTION, INSTALLATION, MAINTENANCE, INSPECTION, SERIVCE OR REPAIR OF THE EQUIPMENT, or in respect of the provision of or the failure to provide any warnings, directions, instructions or guidance as the use of the Equipment.
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss or personal injury to any third party resulting from my participations in the Water Activities or use of the Equipment;
3. This Release 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;
4. This Release agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the province of Nova Scotia; and
5. Any litigation involving the parties to this Release Agreement shall be brought solely within the province or territory where the Water Activity takes place and shall be within the exclusive jurisdiction of the Courts of the province or territory
In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in the Water Activities or use of the Equipment, other than what is set forth in the Release Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINSTRATIONS, ASSINGS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES