SCUBA DIVER WAIVER AND RELEASE

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 SCUBA DIVER 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.  

 

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/PLAYGROUND:  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. Children are any persons 17 years and younger.
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 all visits by me to the Campground whenever they occur 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.