RELEASE OF LIABILITY, WAIVER OF CLAIMS,
ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
(hereinafter the “Release Agreement”)
BY SIGNING THIS RELEASE AGREEMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY
TO: Owners of the Whistler Racket Club ltd., Combo Camps Whistler ltd., the Owner, Operator and Occupier of the premises where the Whistler Racket Club, Combo Camps Whistler Ltd and Racket Club Activities, as defined herein, take place; and all their related and associated companies (all of whom are hereinafter collectively referred to as the "Releasees").
DEFINITION:
In this Release Agreement the term "Racket Club Activities" shall include all activities, events and services provided, arranged, organized, sponsored or authorized by the Releasees, including but not limited to: tennis, pickleball, yoga, dance, biking , axe throwing events, foam archery tag/dodgeball events, roller skating, snowball events, snow sports like skiing, snowboarding, and training, functions and competitions; use of an axe and all other related tennis, pickleball, yoga, dance , biking axe throwing and archery equipment; use of premises where the tennis, pickleball, snowball, snow sports, axe throwing and archery activities take place; orientation and instruction sessions; and all other related activities.
ACKNOWLEDGEMENT
I am aware that Racket Club Activities may not be supervised or monitored by professional staff.
ASSUMPTION OF RISK
OBLIGATIONS OF THE PARTICIPANT
The Participant shall be required to strictly abide by any and all policies of The Releasees concerning the provision of activities and abide and follow all rules and guidelines associated with any of the aforementioned Racket Club Activities.
I am aware that participating in Racket Club Activities and Combo Camp Whistler activities involve many risks, dangers and hazards which may result in serious injury or death including but not limited to: improper use of equipment; equipment failure; splinters, cuts, lacerations, fractures, punctures or abrasions; collision with other persons; loss of balance or control; slips, trips and falls; failure to act safely or within one’s own ability; negligence of other persons; negligent first aid and
NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE RACKET CLUB ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE RACKET CLUB ACTIVITIES AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the Releasees AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer, as a result of my participation in Racket Club Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, c. 337, ON THE PART OF THE RELEASEES in respect of the provision of or the failure to provide any warnings, directions or instructions as to the use of the axe or the risks, dangers and hazards of participating in Racket Club Activities. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF Racket Club Activities;
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in Racket Club Activities;
3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction; and
5. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.
PHOTO/VIDEO RELEASE
I hereby grant permission to the Releasees to take photographic or video representations of me during my participation in Racket Club Activities and to publish the photographs and video for advertising, promotional and marketing purposes.
I waive any and all claims against the Releasees arising out of the Releasees use of my photographic or video representation of me, including claims relating to defamation or invasion of any copyright, privacy, personality or publicity rights.
I agree not to claim compensation from the Releasees for the use of photographic or video representation of me during my participation in Racket Club Activities
In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of Racket Club Activities, other than what is set forth in this Release Agreement.
BY COMPLETING THIS FORM I CONFIRM THAT I CONFIRM THE FOLLOWING:
- I AM 19+ YEARS OF AGE OR AM SIGNING FOR SOMEONE UNDER THE AGE OF 19.
- I HEREBY ASSUME FULL RESPONSIBILITY FOR MY ACTIONS, RISKS, DANGERS, AND HAZARDS RESULTING FROM THE USE OF THE FACILITIES AND PARTICIPATION IN THE ACTIVITIES WHILE UNDER THE INFLUENCE OF ALCOHOL OR MIND ALTERING SUBSTANCES.
- I UNDERSTAND THAT AM GIVING UP CERTAIN RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS MAY HAVE. I FREELY ACCEPT AND ASSUME ALL RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF RESULTING PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS DIRECTLY OR INDIRECTLY ASSOCIATED WITH MY PARTICIPATION IN THE WORKOUT.
-I HAVE READ THIS VOLUNTARY ASSUMPTION OF RISK, RELEASE AND INDEMNITY AGREEMENT (THE “WAIVER”) AND FULLY UNDERSTAND ITS CONTENTS AND VOLUNTARILY AGREE TO ITS TERMS.