Liability Waiver, Assumption of Risk and Release Agreement

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  Release of liability waiver of claims,

  Assumption of risk and Indemnity Agreement

  (here in after referred to as the release agreement) 

   

  By signing this document you will waive or give up certain legal rights including the right to sue or claim compensation following an accident.

  To Adventure Tofino Wildlife Tours, Jens-Oliver Kalwa, His Majesty the King in Right of the Province of British Columbia its employees, guides, agents, representatives, independent,contractors, suppliers and successors and assigns all of whom are hereinafter refer to as 'the releases'

   

  I wish to participate in this Wildlife tour ('Activity') offered by Adventure Tofino wildlife tours, Jens-Oliver Kalwa. As a precondition to participating in the activity, I have read the following Release Agreement and agree to its term.

   

  1. Express Assumption of Risk. I understand that participating in this Activity entails inherent risks of physical injury. I have been given the opportunity to ask questions regarding this Activity and all questions have been answered to my satisfaction. I am fully aware of the risks and hazards associated with this Activity. Also, I understand situations may arise during this Activity which may be beyond the control of the leaders or participants. The risks include, by way of example and not limitation, activities that happen while travelling to and from the location of  the water activities  or while on the premises of Adventure Tofino before departure. I VOLUNTARILY ASSUME ALL RISKS of loss, property damage, or personal injury including death, associated with this activity, unless caused by the gross negligence or willful misconduct of Adventure Tofino Wildlife tours and it’s officers, trustees, agents, landlords, employees or volunteers (collectively referred to as the releases).

  2. Liability Release. I RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE THE releases (as defined in paragraph 1) FROM ANY LIABILITIES, CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTIONS, COSTS AND EXPENSES OF ANY NATURE WHATSOEVER ARISING OUT OF LOSS, DAMAGE OR INJURY, INCLUDING DEATH THAT MAY BE SUSTAINED BY ME OR PROPERTY BELONGING TO ME, and arising from the Activity or while on the vessel where the Activity is being conducted, accepting those claims arising from the gross negligence or willful misconduct of the releases . I hereby waive all claims which I have now or may hereafter have against the releases  in any connection with my participation in the Activity.

  3. 
     
     Warranty of Physical Fitness. I agree that it is my sole responsibility to be familiar with the physical and/or mental demands associated with the above-named Activity. With these demands in mind, I have no physical or mental condition which, to my knowledge, would endanger myself or others if I participate in this Activity, or would interfere with my ability to participate in this activity. I maintain medical insurance that covers me for accidents or illnesses while I am participating in this Activity. I understand the releases  (as defined in paragraph 1) had not made, or will make, any investigation into my physical fitness or ability to participate in the Activity and the releases  are relying on my warranty of my physical condition.
     
      

  4. Emergency Medical Treatment. I grant the releases  (as defined in paragraph 1) permission to authorize emergency medical treatment, and agree to such action by the releases shall be subject to the terms of this Agreement. I understand and agree that the releases  assumes no responsibility for any injury or damage that might arise out of or in connection with such authorized medical treatment.

   

  It is further my express intent that this  Release Agreement shall bind the members of my family and spouse (if any), my estate, administrators, heirs, assigns and personal representatives. I agree that this Releas Agreement and any claims from my participation in the Activity shall be construed in accordance with the laws of Canada. The courts in Canada shall be the forum for any lawsuit arising from the Activity or incident to this agreement. The terms of this agreement shall be severable such that if a court of competent jurisdiction holds any terms to be illegal or unenforceable, the validity of the remaining portions shall not be affected thereby.

   

  I have carefully read this Release Agreement form and fully understand its contents, I agree to be bound by its terms. I am aware that this is a release of liability, a waiver of claims, an agreement not to sue, and a contract between myself and Adventure Tofino, and for the benefit for others described herein, I sign it of my own free will.