• West End Resort & Campground Marina Waiver and Release of Liability

    18 Years or Older

  • I, * *, of *   in the Province of   *hereby acknowledge that I am currently eighteen (18) years of age or older who wishes to use the Marina for boat slips, kayaking, paddle boarding, personal floatation devices, and swimming (collectively, the “Marina”) located in the Resort Village of West End in the Province of Saskatchewan.

    1. I understand that my signing this Waiver and Release of Liability (the “Waiver”) is required to utilize the Marina.
    2. I understand that West End Resort and Campground. (the “Released Party”) reserves the right to terminate or suspend the Marina privilege of any individual, including myself, who fails to comply with the Marina rules (which rules shall include the execution of this Waiver) or whose conduct is determined to be improper or contrary to the best interest of the Released Party.
    3. I understand that physical activity can be strenuous and there are risks of harm, including but not limited to injury, property damage or loss of personal property, mental or emotional trauma, paralysis, disability, death, and other inherent dangers in utilizing the Marina. I understand that I am solely responsible for my own health and safety and am aware that physical exercise and activity and use of the Marina could, in some circumstances, result in physical injury.
    4. I agree that there is no active lifeguard on duty and if I engage in any physical exercise or activity in the Marina, I do so entirely at my own risk. I further acknowledge that I am voluntarily participating in these physical activities and use of the Marina.
    5. I understand and agree that the Released Party are not responsible for any loss of my personal property from use of the Marina.
    6. By signing this Waiver, I agree to assume all risks of damage or injury, up to and including death, which includes but is not limited to any harm caused by other individuals present on the Marina, and I further agree to release, hold harmless, and indemnify the Released Party and their representatives, directors, officers, agents, shareholders, limited partners, employees, successors and assigns in relation to any such harm.
    7. I intend by this Waiver to release, in advance, and to waive my rights and discharge the Released Party, their representatives, directors, officers, agents, shareholders, limited partners, employees, successors and assigns, from any and all claims for damages for death, personal injury or property damages which I may suffer, or which may hereafter accrue to me as a result my use of the Marina, even though this liability may arise from negligence or carelessness on the part of the Released Party and other persons and entities being released, from dangerous or defective property or equipment owned, maintained or controlled by them or because of their possible liability without fault.
    8. I agree that I shall indemnify (meaning protect by reimbursement or payment) the Released Party and their representatives, directors, officers, agents, shareholders, limited partners, employees, successors and assigns with respect to all claims, liabilities, suits or expenses (including solicitor fees and costs) brought by or on behalf of me, my child or family member arising out of my use of the Marina.
    9. I understand and agree that this Waiver is binding on my heirs, successor, assigns, and legal representatives.
    10. I agree that should any portion of this Waiver be judicially determined invalid, voidable or unenforceable, for any reason, such portion shall be severable from the remaining portions herein and the invalidity, voidability, or unenforceability thereof shall not affect the validity, effect, enforceability, or interpretation of the remaining provisions of this Waiver.
    11. I agree that this Waiver is governed by Saskatchewan law and I attorn to the exclusive jurisdiction of the courts of the Province of Saskatchewan.
    12. I have carefully read this Waiver and fully understand its contents. I understand and consent to its terms by my signature below. I am aware that this is a WAIVER AND RELEASE OF LIABILITY and a contract between me and the Released Party and I sign of my own free will after having been provided with sufficient time to review, consider and fully understand its provisions.
  • Date*
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    2 digit month, 2 digit day, 4 digit year
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