The following rules MUST be followed if scuba diving is to take place on Windmill Point Park & Campground property while in the capacity of divemaster/instructor:

I certify that I meet my agency's instructor or divemaster requirements.  When teaching, I will have current membership and libility insurance with my scuba agency with me and will provide Windmill Point Park & Campground a copy of my divemaster/instructor valid registered number along with a recent photo and current professional liability insurance coverage.  The liability insurance coverage must state a minimum coverage of ONE MILLION-Dollars per instructor.  Furthermore, Windmill Point Park & Campground is recognized as additionally insured with my insurance carrier.

I agree to abide by the policies of my agency and Windmill Point Park & Campground regarding the maximu student-instructor ratio for inwater traing for entry level divers and all other diver training or when leading activities for recreational scuba diving.

I agree to hold harmless Windmill Point Park & Campground, its agents for all activities for which I am responsible and to assume full responsibility for these activities, when conducted under my supervision at Windmill Point Park & Campground.

I confirm that I am responsible for the activities of those within my group. I will ensure the Scuba Diver Waiver and Release form is completed by every scuba diver.  I agree to ensure everyone in my group, including swimmers and visitors, have been made aware of Windmill Point Park & Campground's rules and regulations and will register upon every arrival to the campground and pay the posted admission fee.

The following rules MUST be followed if scuba diving is to take place on Windmill Point Park & Campground property:

I understand that I must register at the office upon each entry to Windmill Point Park & Campground and pay the posted admission fees.

I understand that the purpose of signing this document is to exempt, realease, hold harmless 582027 ON Ltd. O/A Windmill Point Park & Campground, its employees, agents, affiliates, subsidiaries, successors and assigns from any and all liability arising as a consequence of any act or omission on their part including, but not limited to, active or passive negligence.

I confirm that I am a card carrying, certified scuba diver or a student diver under instruction by an ACUC, NAUI or PADI certified and insured scuba instructor.  I have been taught and understand that scuba diving is a hazardous activity with inherent risks and dangers associated therewith, including, but not limited to, risks associated with equipment failures, perils of the water and acts of fellow divers which could result in my serious injury or death.  I expressly assume these risks.  I assert that I am physically fit to participate in the sport of scuba diving, and I agree, by way of my signature, that I will not hold any of the above-name entities, indivuduals or persons repsonsible if I an injured while scuba diving, be it for medical or other reasons.

I confirm that I do not have in my possession any illegal drugs, nor am I taking or have recently taken any drugs or medications which could cause an adverse reaction as a result of combining such drugs and/or medications with scuba diving.  I also attest that I will not be under the influence of alcohol while scuba diving, that I will not possess alcohol while scuba diving at Windmill Point Park & Campground and that I have been warned of the danger of consuming alcohol prior to, during or after scuba diving.

I confirm that my equipment is safe and in good functioning order for my dive.    

I understand the I have an affirmative duty to plan and carry out my own dive and be responsible for my own safety, by way of my signature.  I expressly agree that I will plan all of my dives and they will not exceed the level for which I am trained.  I will immdeiately cease and aborty my dive if I feel uncomfortable with my diving abilities and /or diving conditions are worse than those for which I have been trained or for which I am comfortable.

I hereby release 582027 Ontario Limited O/A Windmill Point Park & Campground, its affiliates, subsidiaries, successors and assign of any and all claims, demands and causes of action howsoever arising in connection with my dive at Windmill Point Park & Campground, its affiliates, subsidiaries, successors and assigns. The release and indemnity shall be binding on me as well as my heirs, prosecutors, administrators and assigns.

I HAVE READ THIS DIVE MASTER/INSTRUCTOR WAIVER AND RELEASE FORM  AND UNDERSTAND THAT IT IS ENFORCED FROM THE DATE I SIGN. I FULLY UNDERSTAND ITS TERMS AND CONDITIONS AND THAT THIS IS A LEGAL DOCUMENT.  I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND SIGN IT FREELY AND VOLUNTARILY WITHOUT INDUCEMENT.  

WAIVER, ASSUMPTION OF RISK AND CONSENT TO MEDICAL TREATMENT

Please read this document (the “Waiver”) carefully, as it affects your future legal rights. By signing below, you (on behalf of yourself or your minor child/ward and any personal representatives, assigns, heirs and next of kin) acknowledge, agree and represent that you have carefully read and fully understood the Waiver and agreed to its terms.

Each individual attending the Premises and/or participating in the activities of the Campground must complete and sign the Waiver. A parent/guardian of a minor Attendee must complete and sign the Waiver on behalf of the minor Attendee.

This Waiver must be carefully read and signed in consideration of the opportunity of being a willing Attendee permitted to enter the Premises. As used herein, the term “Releasees” is defined to include the following: the Campground, its subsidiaries, affiliated organizations, owners, members, managers, directors, officers, past and present employees, agents, representatives, successors and assigns.

1. I expressly acknowledge and agree that my attendance at the Premises and participation in the activities of the Campground may involve the risk of serious injury and/or death and/or property damage.
2. I am fully aware of the risks and hazards inherent in my attendance at the Premises and participation in the activities of the Campground and I voluntarily, knowingly and freely assume all risks associated with participating in the activities of the Campground and entering the Premises, including, but not limited to, my own actions or inactions (or the actions or inactions of my minor child/ward), the actions or inactions of others (including but not limited to the Campground owners, officers, directors, managers, staff, volunteers or visitors), falls, injuries, illnesses, infections, contact with others (including but not limited to the Campground owners, officers, directors, managers, staff, volunteers or visitors), navigating any and all obstacles and any defects of the Premises.
3. I represent and warrant to the Releasees that I am in good physical condition, am able to safely participate in the activities of the Campground and have no medical condition that would make my participation in the activities of the Campground more hazardous.
4. If I am pregnant, disabled in any way or have recently suffered an illness or injury; I consulted a physician before participating in the activities of the Campground.
5. I consent to medical care and transportation in order to obtain treatment in the event of injury to me as the campground owners, officers, directors, managers, staff, volunteers or other medical professionals may deem appropriate and understand that this Waiver extends to any liability arising out of or in any way connected with such medical treatment or transportation.
6. I understand and agree that I am expected to exhibit appropriate behavior at all times while I am attending the Premises and while I am participating in the activities of the Campground to obey all local, provincial and federal laws, both criminal and civil. This includes, generally, respect for other people, equipment, facilities or property.
7. I understand and agree that I may not bring weapons or illegal substances to the Premises.
8. I understand and agree that the Releasees are not responsible for any personal item or property that is lost, damaged or stolen while I am participating in the activities of the Campground or on the Premises.
9. I recognize and acknowledge that there are hazards and risks of physical injury or illness to myself in attending the Premises and participating in the activities of the Campground and that not all such hazards or risks can be fully eliminated. I freely and voluntarily agree to assume the full risk of death, bodily injury or property damage, regardless of severity, that I (or my child/ward) may sustain as a result of my participation in the activities of the Campground or attendance at the Premises, howsoever arising, including, but not limited to, the active or passive negligence of the Releasees.
10. I agree to indemnify the Releasees from any and all third party claims, howsoever arising, for any loss, liability, damage or cost they might incur, including, but not limited to, claims arising in whole or in part by my negligent or intentional acts or omissions while participating in the activities of the Campground or attending the Premises.
11. I indemnify and hold harmless the Releasees from any loss, liability, damage or cost they may incur while I am participating in the activities of the Campground or while attending the Premises, howsoever arising, including, but not limited to, being caused by the negligence of the Releasees.
12. I hereby and forever release, waive, discharge and covenant not to sue the Releasees for any injury or damage to me, my personal representatives, assigns, heirs and next of kin, for any claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, present or future, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with my (or my minor/ward’s) participation in the activities of the Campground or while attending the Premises, howsoever caused, including, but not limited to being caused by the negligence of the Releasees.
13. I hereby and forever release, waive, discharge and covenant not to sue the Releasees for any injury or damage to me, my personal representatives, assigns, heirs and next of kin, for any claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, present or future, whether known or unknown, arising out of or connected with my (or my minor/ward’s) participation in the activities of the Campground or attending the the Premises, under the terms of any statute, including, but not limited to, any claims under the Occupiers' Liability Act, R.S.O. 1990, c. O.2, as amended; and, the Negligence Act, R.S.O. 1990, c. N.1, as amended.
14. I understand and acknowledge that the laws of the Province of Ontario shall apply to all matters relating to this Waiver regardless of the activity location, that the exclusive jurisdiction for any dispute with the Releasees resides in provincial or in federal court in Ontario. I expressly consent to the exercise of personal jurisdiction in connection with any dispute with the Releasees arising from my participation in the activities of the Campground or while on the Premises of the Campground.
15. I expressly agree that this Waiver is intended to be as broad and inclusive as permitted by the law of the Province of Ontario, and that the invalidity or unenforceability of any term of this Waiver does not affect the validity or enforceability of any other term. Any invalid term will be treated as severed from the remaining terms.
16. I acknowledge that in contract disputes, any ambiguity within the contract is generally interpreted against the contract drafter. However, with this knowledge, I do hereby agree that any ambiguity within this Waiver is to be interpreted in favour of the Campground.