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This agreement is being entered into by and between {childsName} ("Participant") and Room to Roam Outdoor Leaning Inc. ("Room to Roam" or "Company"), collectively known as the “Parties”. I, the undersigned, am a Participant and, if a Participant is under the age of 18, I am the minor Participant’s parent or legal guardian. I understand that participating in the outdoor learning program, including hiking, running, climbing, digging, fishing, gardening, using tools, being in and in proximity to bodies of water, including lakes, streams, rivers, ponds, and the ocean, fire, and interacting with vegetation, natural landscape features, animals, and livestock for any purpose and use of forest, trails, parking lots, roads and crossways (collectively, the “Activity”) can be hazardous and involve the risk of physical injury and/or death.
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I understand that dangers and risks of the Activity and that the Participant assumes all inherent dangers and risks of the Activity.
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I expressly acknowledge and assume all additional risks and dangers that may result in property damage, physical injury and/or death, which may be above and beyond the inherent dangers and risks of the Activity, including but not limited to: transmission of infectious diseases and illness or death resulting from these diseases, accidents, illness or problems that occur in areas without immediate access to medical facilities, forces of nature including lightning, storms, wind, rain, snow, ice, cold, heat, weather changes, and changes in water level, any injuries including wounds and injuries to skin, organs, muscles, joints and bones inflicted by tools, animals, plants, sunshine, water, ice, fire or other natural forces, physical exertion that can cause fatigue, soreness, joint stiffness and blisters: any damages or injury caused as a result of any physical defect in any manufacturer’s products or arising from the improper use of products; any interaction with wildlife or other animals; interactions with other children and adults in an outdoor environment; or the negligence or failure of the Participant, Room to Roam Outdoor Learning employees, volunteers, or other guest to act safely. I understand that the description of the risks in this agreement are not complete and voluntarily choose for the Participant to participate in and expressly assume all risks and dangers of the Activity and the possibility of personal injury, death, property damage and loss resulting therefrom, whether or not described here, known or unknown, inherent or otherwise.
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Participant assumes responsibility for reading, understanding and complying with Room to Roam Outdoor Learning Policies and Procedures Manual and understands the policies that Room to Roam Outdoor Learning has in place for site and activity assessment and mitigation.
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In consideration for allowing the Participant to participate in the Activity, I agree, to the greatest extend permitted by law, to waive any and all claims against and to hold harmless, release, indemnify, and agree not to sue Room to Roam Outdoor Learning and all their respective insurance companies, successors in interest, affiliates, agents, employees, volunteer representatives, assignees, officers, directors and shareholders, the City of Port Coquitlam, the City of Coquitlam (each a “Released Party”) for any injury, including death, loss, property damage or expense, which I or the Participant may suffer, arising in whole or in part out of the Participant’s participation in the Activity, including, but not limited to, those claims based on any Released Party’s alleged or actual negligence or breach of any contract and/or express or implied warranty or breach of any statutory or other duty of care and any duty of care under the Occupiers Liability Act. I understand that negligence includes failure on the part of any Released Party to take reasonable steps to safeguard or protect against the risks, dangers and hazards of the Activity. In further consideration for allowing the Participant to participate in the Activity, I further release and give up any and all claims and rights that I may now have against any Released Party and understand this releases all claims, including those of which I am not aware. Those not mentioned in this release and those resulting from anything which has happened up to now.
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I also agree to pay all costs, including legal fees, incurred by any Released Party in defending and investigation, claim or lawsuit brought by or on the Participant’s behalf whether arising in whole or in part from the Participant’s participation in any Activity or from any misrepresentations or fraudulent execution of the Agreement.
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I agree that any and all claims for loss, injury and /or death arising from the Participant’s participation in the Activity shall be governed by the laws of the Province of British Columbia and that exclusive jurisdiction of any such claim shall be in a court of competent jurisdiction in the Province of British Columbia.
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By signing on behalf of a minor or other Participant, I represent that I am authorized to sign on the Participant’s behalf and/or I am the parent or legal guardian of the minor Participant and acknowledge that the Participant is bound by all the terms of this Agreement. I understand that the minor Participant would not be permitted to take part in any of the Activity unless I agree to the terms of this Agreement. By signing this Agreement without a parent or legal guardian’s signature, I represent, I am at least 19 years old.
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I understand that this Agreement will apply for each and every day the Participant participates in any Activity. I understand that this Agreement is a contract and, to the fullest extent permitted by law, shall be binding on me and my assignees, heirs, next of kin, executors and personal representatives. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the Parties.