THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS, READ IT CAREFULLY
(collectively, the “Waiver”)
Every camper or visitor to Windmill Point Park & Campground must read and complete this waiver before being on the premises and before participating in any activities (as defined below).
1. UNDERSTANDING: I understand that this waiver is made for the benefit of Windmill Point Park & Campground and each of its directors, officers, employees, volunteers, officials, lessees, and agents. (collectively, the “Campground”). I am a customer of the Campground. I am a customer of the Campground regardless if I pay to participate in activities of the Campground, am a guest at the Campground or if I am visiting the Campground (all the “Customer”). I acknowledge that if I am accompanied by a minor then I confirm that all statements made herein are being made on behalf of such minor and are complete and truthful.
2. RISKS: I understand that there are inherent risks (“Risks”) associated with the use of the premises and the use of the premises’ facilities, and participation in sports, water sports, swimming, fitness, instruction, food & beverage services, and all other activities, services, programs or events provided or organized by the Campground (the “Activities”).
3. WATERSPORTS, WATERPARKS, BOATS, SWIMMING AND BOUNCY PILLOWS: I freely accept and fully assume all responsibility and acknowledge that participating in watersports, waterparks, boating and swimming involves know and unanticipated risks that could result in physical or emotional injury, paralysis, death or damage to myself, my children, property or third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
4. POTENTIAL FOR INJURY: I am aware that the Risks include the potential for serious personal injury, death, or property damage. I understand the Risks may be relative to my own state of fitness and health (including physical, mental and emotional), and to the awareness, care and skill with which I conduct myself.
5. ASSUMPTION OF RISK: I freely accept and fully assume all responsibility for all Risks and possibilities of personal injury, death, property damage or other loss resulting from my participation in the activities. I accept these Risks and agree to the terms of this Waiver, even if the Campground is found to be negligent or in breach of any duty of care or any obligation to me in any way in respect of the Activities.
6. PARENTAL SUPERVISION OF CHILDREN: I acknowledge, represent and agree that it is the responsibility of parents or guardians to supervise children and ensure their safety during any and all activities and at all times while on the Campground premises.
7. WAIVER OF CLAIMS AND RELEASE: In addition to consideration given to the Campground for my participation in Activities and for being on the Campground property, I and my heirs, next of kin, executors, administrators and assigns (collectively my “Legal Representatives”), agree:
a) To waive all claims that I have or may have in the future against the Campground;
b) To release and forever discharge the Campground from all liability for all personal injury, death, property damage or other loss resulting from my participation in Activities due to any cause, including but not limited to negligence (failure to use such care as reasonably prudent and careful person would use under similar circumstances) either passive or active, breach of any duty imposed by law, breach of contract or mistake or error of judgement of the Campground;
c) To release and forever discharge the Campground from all liability for all personal injury, death, property damage or other loss resulting from any infectious disease, virus, bacterium or other microorganism (whether asymptomatic or not);
d) To release and forever discharge the Campground from all liability for all personal injury, death, property damage or other loss resulting from Coronavirus (COVID-19) including any mutation or variation thereof;
e) To be liable for and to hold harmless and indemnify the Campground from all actions, proceedings, claims, damages, costs, demands including court costs and costs on a solicitor and client basis, and liabilities of whatsoever nature or kind arising out of or in any way connected with my, or my guests or any minor at the Campground with me, participation in Activities.
8. APPLICATION: I agree that this Waiver shall remain in full force and effect for the current date listed on this waiver and that entry onto the Campground property is conditional upon agreeing to the terms of this Waiver.
9. GOVERNING LAW: I agree that this Waiver and all terms contained within are governed by the laws of the Province of Ontario. I hereby irrevocably submit to the exclusive jurisdiction of the courts of Ontario. Any litigation to enforce this Waiver must be instituted in the Province of Ontario.
10. CONFIRMATION: I confirm that I have had sufficient time to read and understand each term in this Waiver in its entirety, and have agreed to the terms freely and voluntarily. I understand that this Waiver is binding on myself and my Legal Representatives. I confirm that I have reached the age of majority in the Province of Ontario.
I have read and fully understand and agree to all the terms and conditions of this Waiver.