Tamarack West March Break Camp Waiver
AGREEMENT: Including Informed Consent and Assumption of Risks, Waiver of Claims, Release of Liability, and Authorization to Obtain Medical/Emergency Services (hereinafter collectively called the “Release Agreement”), for participation in activities associated with TAMARACK WEST OUTDOOR SCHOOL INC. (the “Company”).
Please Note: By signing this Release Agreement, you will WAIVE CERTAIN LEGAL RIGHTS, including the RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT, and you will ACCEPT LEGAL OBLIGATIONS. Please Read Entire Agreement Carefully!
ACTIVITY: In this Release Agreement, “Activity” shall include all activities in any way related to, but are not limited to: tree climbing, hiking, nature studies, wilderness exploration, wildlife viewing, animal identification, proximity to and/or contact with live or deceased animals, animal tracking, wading, carving, sawing wood, woodworking, craft making, use of camp stoves and campfires, fire building, cooking over an open fire, instructional courses, use of tools, food and beverage, water supply, stewardship activities, plant identification, contact with plants, consumption of plants, hiking, shelter building (from any material including, without limitation, snow, sticks, mud, and other debris), ice skating, sledding and/or tobogganing, parkour; transportation or travel to and from the school , field trips, or any other destinations, travel using public transportation, library visits, interacting with community members, and all other activities offered (hereinafter referred to as the “Activity”)
I (the “Undersigned”), hereby sign this Release Agreement on behalf of myself, my personal representatives, heirs and assigns.
The person participating in the Activity with the Company, either the Undersigned or the Minor (defined below), is hereinafter referred to as the “Participant”.
If the Participant is a minor, the Undersigned is the Parent/Guardian of the participant (the “Minor”) and executes this waiver on behalf of the Minor, the Minor’s personal representatives, heirs, and assigns, in Undersigned’s capacity as Parent/Guardian and with the intent that this waiver be binding on the Undersigned and the Minor for all legal purposes.
The Undersigned hereby agrees as follows:
1. RELEASE. The Undersigned agrees to release, and hereby does release, the Company, their respective directors, principals, teachers, officers, agents, employees, volunteers, contractors, affiliates, and representatives (collectively, the “Releases”), from any and all liability or claims that they or any of them may have now or in the future, for any personal injury, death, property damage or other loss, sustained by the Participant in connection with, or as a result of, the Participant’s participation in the Activity, due to any cause whatsoever.
2. ACKNOWLEDGEMENT OF RISKS. The Undersigned acknowledges that there are certain risks involved in participation in the Activity, in addition to the usual risks and dangers inherent in any physical activity, these risks include but are not limited to: exposure to inclement weather; slipping; falling from a height; steep slopes in their natural state that may contain many obstacles and hazards; rock slides; insect or animal bites; cuts; head injuries; encounters with domestic or wild animals; being struck by falling objects; hypothermia due to exposure to very cold weather and/or weather conditions; medical conditions related to extreme heat; uneven terrain; stream crossings; terrain that may not have been travelled on or climbed before or is not regularly patrolled or inspected; becoming lost or separated from the teacher or party; actions involving building and maintaining a fire; entrapment by trees, logs, rocks, tents, or equipment; travel near active roads; travel near pedestrian traffic; travel near wheel scooters and other mobility devices; encountering persons on the street; social or economic losses; loss or damage of personal property; injury; permanent disability; or fatality.
In addition to the hazards and risks described in the paragraph above, the hazards and risks of the Activity may also include, but are not limited to the following: latent or apparent defects, malfunctions, or problems in equipment provided by the Company or outside service providers; negligence of other participants; physical contact with another person; weather conditions (including unforeseen, inclement or intemperate weather); consumption of food and drink; fire; first aid; emergency treatment; or other services rendered. Further, the Company will not always have medical personnel (other than instructors that are certified in first aid) at the location of the Activity.
3. ASSUMPTION OF RISKS. The Undersigned and on behalf of the Minor, freely accepts and fully assumes all such risks, dangers and hazards connected with, or related in any way to participation in the Activity, and the possibility of injury, illness, death, property damage or loss, resulting from any of the foregoing.
4. AGREEMENT. We understand and agree that participation in activities associated with the Company requires the Participant to:
• Share the responsibility for the safety of their self and others during all activities.
• Follow all instructions and directions of the Releases. Failure to do so may result in removal from the program.
• Assume the above risks and accept responsibility for all damages and loss resulting from their participation.
• Arrive fully prepared (including, but not limited to, clothing and equipment) to participate in the Activity. The Undersigned accepts full responsibility for inadequate clothing or equipment and for clothing and equipment which they fail to provide.
5. REPRESENTATION OF FITNESS. The Undersigned acknowledges that the physical exertion required by the Activity and the forces exerted on the body can activate or aggravate pre-existing physical injuries, conditions, symptoms, or congenital defects.
The Undersigned has been advised to seek medical advice if they know or suspect that the physical condition of the Participant may be incompatible with the Activity.
The Undersigned certify that the student is fully capable of participating in the Activity.
The Undersigned represent that the student is in good health and physically fit and has not been advised by a physician not to participate in arduous physical activities.
The Undersigned knows of no reason, health-related or otherwise, why the student is not capable of participating in the Activity.
6. NO REPRESENTATION. In entering into this Release Agreement, the Undersigned confirms that they are not relying on any representation or statement made by the Company or any of the Releases, whether oral or in writing, to induce participation in the Activity or minimize the risks or dangers connected with or related to their participation in the Activity.
7. BINDING AGREEMENT. The Undersigned agrees that this Release Agreement constitutes a legally binding obligation enforceable in accordance with its terms, and that it shall continue to bind the Undersigned, their heirs, executors, legal representatives and personal assigns.
8. FACSIMILE: The Undersigned agrees that this Agreement may be executed by facsimile or digital transmission and that facsimile and digital signatures will evidence the obligation of the parties to be bound by the terms of this Agreement.
9. GOVERNING LAW. This Release Agreement will be governed and interpreted in accordance with the laws of the Province of Ontario and the law of Canada where applicable.
I confirm that I am 18 years of age or older, that I have completely read this Release Agreement and that I fully understand the provisions of this Release Agreement. I understand that by signing this Release Agreement I am giving up my legal rights including the right to sue.
IN WITNESS WHEREOF the Undersigned has duly signed this Release Agreement.