RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
Please read and be certain you understand the implications of signing:
I (we) do hereby affirm and acknowledge that I (we) have been fully informed of the inherent hazards and risks associated with parasailing, jetovator, flyboard and related water sport activities to which I (we) am (are) about to engage, including but not limited to:
1. Changing water flow, tides, currents, wave action, and vessel's wakes.
2. Collision with any of the following: other participants; the watercraft; other watercraft; man made or natural objects
3. Wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature.
4. My (our) sense of balance, physical condition, ability to operate equipment, swim and/or follow directions.
5. Collision, capsizing, sinking, or other hazard that may result in wetness, injury, exposure to the elements, hypothermia, impact of the body upon the water, injection of water into my (our) body orifices, and/or drowning.
6. The presence of insects and marine life forms.
7. Equipment failure or operator error.
8. Heat or sun related injuries or illnesses, including sunburn, sun stroke or dehydration.
9. Fatigue, chill and/or reaction time and increased risk of an accident.
I am (we are) willing and voluntarily assuming all risks, dangers, hazards, etc. associated with parasailing and/or hydroflight experiences, participating in water sports, using of water toys, etc. and the charter of the Releasees boats / water toys / PWC’s, etc.. I (we) acknowledge that I (we) have been properly and adequately instructed by the vessel's operators prior to the use of water sports equipment to my complete satisfaction, and I am physically / mentally able to participate in the water sport activities to which I am (we are) about to engage. I am fluent in English and capable of understanding all written and oral instruction, which at any time may be delivered to me in English by the vessel's operator(s). I (we) state that no members of my charter party will at any time be under the influence of alcohol, narcotics or barbiturates at any time during the charter. I (we) specifically waive the enforcement and applicability insofar as this release and indemnity agreement (the “Agreement”) is concerned of any provincial, federal or local law and/or regulation or policy that may impact its enforceability.
Release of Liability, Waiver of Claims and Indemnity Agreement
In consideration of being allowed to participate in the above-described activities, as well as the use of any of the facilities and the use of the equipment of the below listed releasees, I (we) hereby agree as follows:
1. To waive any and all claims that I (we) may have in the future based upon my (our) participation in the above described activities based upon negligence, active or passive, against 2168044 Ontario Inc., It’s employees, agents, sponsors or contractors, Craig G. Bowker, Sky-Mazing Parasail, Ski-Mazing Watersports School, Haliburton Hydroflight (the “Releasees”).
2. To release the Releasees, their officers, directors, employees, representatives, agents, and volunteers, from any and all liability
and responsibility whatsoever and for any claims or causes of action that I (we), my (our) estate, heirs, next of kin, executors,
administrators, successors or assigns may have for any personal injury, property damage, or wrongful death arising from the above
activities whether caused by active or passive negligence of the Releasees or otherwise. By executing this document, I (we) agree to
hold the Releasees harmless and indemnify them in conjunction with any injury or loss of life that may occur as a result of engaging in
the above activities.
3. By entering into the Agreement, I am (we are) not relying on any oral or written representation or statements made by the Releasees,
other than what is set forth in the Agreement.
4. I (we) hereby declare that I am of legal age and am competent to sign this Agreement or, if not, that my parent or legal guardian
shall sign on my behalf and that my parent or legal guardian is in complete understanding and concurrence with this Agreement and my parent or legal guardian shall indemnify and save harmless the Releasees in conjunction with any injury or loss of life that may occur as a result of engaging in the above activities.
5. I have read this Agreement, understand it, and I agree to be bound by it.
Group Appearance Release
Each of the undersigned hereby: (a) consents that 2168044 Ontario Inc., o/a Sky-Mazing Parasail, Haliburton Hydroflight, Ski-Mazing Watersports School, and Craig G. Bowker, (the “Producer”) of Haliburton, Ontario, and its assigns and licensees, may use all or part of any video/ photograph/recording taken by the Producer of me (or those of any minor who is my child or for whom I have legal authority to consent) in connection with the production, exhibition, exploitation, advertising and publicity of the parasailing and hydroflight activities, worldwide, in any manner and media of communication, in perpetuity; and (b) releases the Producer, its affiliated and related companies and licensees, their respective directors, officers, employees, agents, suppliers and contractors, and each of their respective heirs, executors, administrators, personal representatives, successors in interest and title and assigns (collectively, the “Releasees”) of and from any and all actions, causes of actions, obligations, liabilities, claims, complaints, and demands of every nature or kind which I (or any minor for whom I have consented) may hereafter have (including any statutory entitlements) arising from this Release, and I agree not to assert or maintain any claim of any kind or nature whatsoever in connection with Producer’s use of such video/photographs.