1. This is a binding legal agreement that must be signed by any individual who wishes to use a demo boat provided by Nelo Canada Inc. or any of its agents, staff or representatives before the individual uses the boat for demonstration purposes. Important: this agreement is only valid for the date on which it is signed. If the individual wishes to use a Nelo demo boat provided by Nelo Canada Inc. or any of its agents, staff or representatives on another date, they must sign a new agreement.
2. By signing this agreement, I (or my parent or legal guardian, if I am a minor in my province) acknowledge that I have read and understand this agreement and agree to its terms, that I have been, by the present, made aware that I can seek legal advice regarding this agreement, that I have executed this agreement voluntarily, and that this agreement is to be binding upon myself, my heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legal or personal representatives.
Description and Assumption of Risks
3. I hereby acknowledge that my use of any demo boat provided by Nelo Canada Inc. or any of its agents, staff or representatives carries certain standard, common and reasonably foreseeable risks, dangers and hazards inherent to the use of such a boat and participating in an outdoor sport including, but not limited to: drowning; collision with other persons or objects; being struck by a paddle and/or watercraft; the risk of stroke, heart attack or other similar life threatening conditions caused by physical exertion; the risk of personal injury including, but not limited to, cuts, scrapes, bruises, or other lesions, strains, sprains, fractures, brain injury such as concussions or other head traumas, spinal cord injury including paraplegia or quadriplegia, or death; damage to or loss of eyesight; loss of balance or control; slips, trips and falls; or a failure to act safely or within one’s own ability.
4. I also hereby acknowledge that by signing the present agreement I acknowledge that I assume and am aware of or have been informed of the standard, common and reasonably foreseeable risks, dangers and hazards inherent to the use of any demo boat provided by Nelo Canada Inc., which may include, but are not limited to, death, injuries or other harm or damages resulting from:
a) Engaging in vigorous and strenuous physical exertion;
b) Water hazards, terrain obstacles, waves, unstable surfaces and extreme and unforeseeable weather conditions;
c) The use of any piece of equipment for the purpose of using the demo boat, whether as a result of my own improper use or mechanical failure or manufacturer’s defect;
d) Contact, collision, falling or being struck by other participants or equipment and/or watercraft;
e) Entanglements, entrapments, or flying objects and debris, falling out of boat/watercraft into the water, capsizing or being knocked unconscious in the water;
f) Cold water conditions resulting in hypothermia and the potential risks and hazards above; or
g) Any other environmental or weather conditions.
5. Furthermore, I am aware:
a) That I am expected to wear an approved Personal Flotation Device at all times when using the demo boat on the water, unless otherwise stated by any government regulations that provide exemptions for such use and for which I qualify;
b) That injuries sustained can be severe;
c) That I may come into close contact with other individuals while on the water; and
d) That my risk of injury increases as I become fatigued.
6. Therefore, as a condition of my use of a demo boat provided by Nelo Canada Inc. or any of its agents, staff or representatives, I agree:
a) To ASSUME all risks arising out of, associated with or related to my use of any demo boat;
b) That my physical condition has been recently verified by a medical doctor (or that I have been notified that my physical condition should be verified by a medical doctor and that I have consciously decided to not undergo such a verification);
c) That I am solely responsible for my safety and that I warrant, by the present, that I am sufficiently skilled and physically capable of using the (or any) demo boat provided by Nelo Canada Inc. or any of its agents, staff or representatives;
d) To cease my use of any demo boat provided for use under the terms of this agreement and to take any and all appropriate actions if I sense or observe any unusual hazard or unsafe condition or if I feel unable or unfit to safely continue using the demo boat; and
e) To freely ACCEPT AND FULLY ASSUME all such risks and possibility of personal injury, illness, death, property damage, expense and related loss, including loss of income, resulting from my use of the demo boat.
Release
In addition to assuming the risks of participating in the Activities as described above, I also agree as follows:
7. That Nelo Canada Inc. and its agents, staff or representatives shall not be considered responsible for any death, personal injury, illness, damage, property damage, expense, loss of income or loss of any kind that I may suffer during my use of any demo boat or as a result of my use of any demo boat;
8. To WAIVE any and all claims that I may have now or in the future against Nelo Canada Inc and any of its agents, staff or representatives;
9. To FOREVER RELEASE Nelo Canada Inc. and any of its agents, staff or representatives from any and all liability for any and all claims, demands, actions, damages (including direct, indirect, special and/or consequential), losses, actions, judgments, and costs (including legal fees) (collectively, the “Claims”) which I may have now or in the future, that might arise out of, result from, or relate to my use of any demo boat provided by Nelo Canada Inc or any of its agents, staff or representatives, even though such Claims may have been caused by any manner whatsoever, including but not limited to, the negligence, gross negligence, negligent rescue, omissions, carelessness, breach of contract, manufacturer’s defect and/or breach of any statutory duty of care of Nelo Canada Inc or any of its agents, staff or representatives; and
10. To hold harmless and indemnify Nelo Canada Inc. and its agents, staff or representatives from any and all liability for any damage to the property of or personal injury or death to any third party, resulting from my use of any demo boat provided by Nelo Canada Inc. or any of its agents, staff or representatives.
Consent to Use Image
11. I hereby grant to Nelo Canada Inc and its agents, staff or representatives on a worldwide basis, the permission to photograph and/or record my image and/or voice on still or motion picture film and/or audio tape (collectively the “Images”), and to use the Images to promote Nelo Canada Inc. through traditional media such as newsletters, websites, television, film, radio, print and/or display form, and through social media such as Instagram, Facebook, YouTube, and Twitter. I understand that I waive any claim to remuneration for use of audio/visual materials used for these purposes. This consent will remain in effect in perpetuity; however, I may withdraw such consent by notifying Nelo Canada Inc. of such withdrawal in writing.
12. I hereby fully release, discharge, and agree to save harmless Nelo Canada Inc and any of its agents, staff or representatives, for any and all claims, demands, actions, damages, losses or costs that might arise out of the collection, use or disclosure of the Images or taking, publication, distortion of the Images, negatives, and masters or any other likeness or representation that may occur or be produced in the taking of said Images or in any subsequent processing thereof, including without limitation any claims for libel, passing off, misappropriation of personality or invasion of privacy.
Acknowledgement
I FREELY ACCEPT AND FULLY ASSUME ALL STANDARD, COMMON AND REASONABLY FORESEEABLE RISKS, DANGERS AND HAZARDS INHERENT TO THE USE OF ANY DEMO BOAT PROVIDED BY NELO CANADA INC. AND THE POSSIBILITY OF PERSONAL INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE OR LOSS RESULTING THEREFROM. I ACKNOWLEDGE THAT I AM RESPONSIBLE FOR MY CHOICE TO USE ANY DEMO BOAT PROVIDED BY NELO CANADA INC. AFTER BEING NOTIFIED OF THE ABOVE-MENTIONED RISKS, DANGERS AND HAZARDS AND THAT THE LEVEL OF RISK, DANGER AND HAZARD THAT MAY AFFECT ME PERSONALLY MAY BE AFFECTED BY MY SKILL LEVEL AND EXPERIENCE IN THE SPORT OF CANOE/KAYAK, AS WELL AS ANY PRECAUTIONARY MEASURES THAT I MAY OR MAY NOT HAVE TAKEN TO AVOID SUCH RISKS, DANGERS AND HAZARDS AND MY CHOSEN REACTION IN ANY GIVEN SITUATION WHILE USING ANY DEMO BOAT PROVIDED BY NELO CANADA INC.
FOR INDIVIDUALS WHO ARE MINORS IN THEIR PROVINCE:
As the parent or legal guardian of the minor individual that is using a demo boat provided by Nelo Canada Inc., I declare that I have parental and/or legal authority to enter sign this agreement on behalf of the individual, and I acknowledge that I have read and understand this agreement, and that I have been, by the present, made aware that I can seek legal advice regarding this agreement, that I have executed this agreement voluntarily, and that this agreement is to be binding upon the individual, myself, my heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legal or personal representatives.