Release and Waiver of Liability
Assumption of Risk and Indemnity Agreement
(“Release Agreement”)
Warning: This agreement will affect your legal rights. Please read it carefully!
To: Japanada Enterprises Inc. (His Majesty the Queen in the Right of the Province of British Columbia) and its (their) directors, officers, employees, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors and assigns (all of whom are hereinafter referred as “the Releasees”).
In consideration of being allowed to participate in any way in Japanada Enterprises Inc.’s outdoor activity tours/programs, the undersigned acknowledges, appreciates and agrees that:
1. I am aware that there are inherent dangers, hazards and risks associated with outdoor activity tours, and risk of injury from the activities involved in the tours is significant, including the potential for permanent disability, paralysis and death.
2. I freely accept and fully assume all responsibility for all risks which may be caused by my own actions, or inactions, those of others participating in the tour, the conditions in which the tour takes place, risk which are readily foreseen or unforeseen, even if arising from the negligence of the Releasees or others.
3. I, for myself and on behalf of my heirs, next of kin, executors, administrators, assigns and personal representatives hereby agree to waive all claims against the Releasees, to hold harmless and indemnify the Releasees, with respect to any and all injury, disability, death or loss or liability or damage or cost to person or property, whether caused by the negligence of the Releasees or otherwise.
4. This Release Agreement and any rights, duties and obligations as between parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the province where the Activities take place and no other jurisdiction. And any litigation involving the parties to this Release Agreement shall be brought solely within the province where the Activities take place and shall be within the exclusive jurisdiction of the Courts of that province.
I have read this Release Agreement, fully understand its terms, understand that I have give up substantial rights by signing it, and sign it freely and voluntarily without any inducement.