ASSUMPTION OF RISKS AND WAIVER AGREEMENT (hereinafter referred to as the "Agreement")
TO: THE SANS SOUCI AND COPPERHEAD ASSOCIATION, and its directors, officers, employees, instructors, agents, representatives, volunteers, invitees, and their respective successors, assigns and representatives (the “SSCA”) (the “Releasees”)
The term “Activities” shall include all activities related to the SSCA Day Camp including but not limited to hiking, volleyball, basketball, soccer, tennis, pickle ball, water sports, kayaking, canoeing, swimming, climbing, dancing, health and fitness activities, crafts, social activities, and any other activity offered or permitted by the SSCA Day Camp.
ASSUMPTION OF RISKS
I am aware that the Activities, may involve risks, dangers and hazards which may result in injury, loss, damage or death including, but not limited to:
i. drowning, variable water temperature and water conditions including waves and currents;
ii. collisions with boat, pedestrian or other traffic;
iii. the condition of, and variations in surface and subsurface conditions of courts, trails and terrain, howsoever caused or arising and including but not limited to exposed or partially exposed holes, rocks, earth, logs, mud, ruts, bumps, roots, holes, drop-offs, and other natural and man-made objects, elements, and features;
iv. slipping, tripping or falling;
v. exposure to variations or extremes in weather including, rain, lightening, fog, wind, heat, and sun;
vi. being struck by falling trees, branches, rocks or by other equipment or objects involved in the Activities;
vii. slippery surfaces, gravel, stairways, walkways, decks, and buildings;
viii. failure to act safely or within one’s own ability or to stay within designated areas;
ix. onset or aggravation of pre-existing injury or medical condition;
x. sprains, strains, cuts, bruises, abrasions, pinching injuries, over-exertion, exhaustion;
xi. exposure to viruses or bacteria on surfaces, from contact with or proximity to other individuals on the premises, or from contaminated food and beverages;
xii. theft of or damage to personal property.
I am also aware that the risks, dangers and hazards referred to above exist throughout the property owned, leased, licensed or used by the Sans Souci and Copperhead Association and/or the other Releasees including the trails and beyond and the buildings and structures located thereon, and that many hazards are unmarked. I confirm that I am aware that such risks may cause or result in personal injury, death or property damage or loss.
I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death or property damage or loss resulting therefrom.
RELEASE OF LIABILITY AND WAIVER OF CLAIMS
1. I agree to waive any and all claims that I have or may in the future have against the Releasees, and to release the Releasees from any and all liability for any loss, damage, expense or injury including death that I may suffer resulting from either the participation in the Activities, or my use of the facilities and property owned or leased by the Sans Souci and Copperhead Association, due to any of the Risks, Dangers and Hazards described above or any other Risks, Dangers or Hazards reasonably associated with these Activities on the said facilities and property or elsewhere;
2.This Agreement shall be effective and binding upon my heirs, guardians, next of kin, executors, administrators, assigns and representatives, including in the event of my death or incapacity.
3. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario and no other jurisdiction; and
4. Any litigation or other legal proceeding or claim involving me and the Releasees shall be brought solely within the Province of Ontario and shall be within the exclusive jurisdiction of the Courts of the Province of Ontario.
5. I consent to photographs and video taken while participating in the Activities, and to the limited publication on SSCA media of such photographs and video by the Releasees.
6. I confirm that I am authorized to accept the terms of this Agreement on behalf of the individuals listed above shall be bound by the terms herein as a condition of their participation in the Activities, and their use of the facilities.
I have read and confirm that I understand this Agreement and I am aware that by signing this Agreement, I may be waiving certain legal rights which I or my heirs, next of kin, Executors, Administrators, Assigns and Representatives may have against the Releasees.