Lakeside Heffley Hideaway

LAKESIDE HEFFLEY HIDEAWAY – RENTAL & ACTIVITY WAIVER

DEFINITION:In this Release Agreement the term the "ACTIVITIES" shall include all activities, events and services provided, arranged, organized, sponsored or authorized by the Releasees and all use of and/or activities, events and services taking place on, any property owned or occupied by the Releasees, including but not limited to: dock use, boating, rentals, swimming, wading, paddleboarding, jet skiing, camping, rental and/or use of kayaks, canoes, dinghies, stand up paddleboards and other watercraft of all shapes and sizes both with and without motors and other equipment, orientation and instructional courses, seminars and sessions, site clearing and preparation work, shoreline cleanup, food preparation, storage and distribution, transport of people, goods, equipment and debris, indoor and outdoor meetings, site clean-up events, social events, and all associated travel, transport and accommodation , events, functions and competitions, and all other related activities.
ACKNOWLEDGE AND WARRANT THAT:

1. I am aware that the ACTIVITIES may not be supervised or monitored by lifeguards or professional staff.
2. I am familiar with the risk of serious injury and death which any participant in the ACTIVITIES must assume.
3. I am physically, emotionally, and mentally able to participate in the ACTIVITIES.
4. I have not been advised by a medical practitioner to refrain from participating in the ACTIVITIES.
5. I understand that all applicable rules for participation in the ACTIVITIES must be always followed and that the sole responsibility for personal safety remains with me.
6. I understand that it is recommended that I have accidental medical coverage and agree that if I do not have accidental medical coverage, I will be financially responsible for all charges and fees incurred in the rendering of any treatment in the case of an injury.
7. In case of an injury, I authorize the staff of LAKESIDE HEFFLEY HIDEAWAY to render first aid and I hereby authorize LAKESIDE HEFFLEY HIDEAWAY staff to act for me in case of an emergency.
8. I will immediately remove myself from participation, and notify the nearest LAKESIDE HEFFLEY HIDEAWAY representative, if at any time I sense or observe any unusual hazardous or unsafe condition and/or if I feel that I have experienced any deterioration in my physical, emotional, or mental fitness for continued participation in the ACTIVITIES.
9. I am aware that participating in the 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; drowning; failure to act safely or within one’s own ability; and negligence of other persons.
10. I agree that my right to participate in the ACTIVITIES and use the equipment may be terminated without refund if I fail to follow all applicable rules for participation in the ACTIVITIES. I accept full responsibility for return of all equipment in good condition or to pay replacement cost as determined by LAKESIDE HEFFLEY HIDEAWAY; and
11. I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY
I UNDERSTAND AND AGREE on behalf of myself, my heirs, assigns, personal representatives and next of kin, that my participation in the ACTIVITIES and execution of this document constitutes:
THE ACTIVITIES

1. An unqualified ASSUMPTION OF ALL RISKS associated with participation in the ACTIVITIES by me even if arising from negligence, or gross negligence, including any compounding or aggravation of injuries caused by negligent rescue operations or procedures, of the Releasees and any persons associated therewith or participating in the ACTIVITIES therein.
2. An unqualified WAIVER OF 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 the ACTIVITIES due to any cause whatsoever, including negligence, breach of contract or breach of any statutory duty of care owed including a duty of care 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 ACTIVITIES or the risks, dangers and hazards of participating in the ACTIVITIES;
3. My agreement to HOLD HARMLESS AND INDEMNIFY THE RELEASEES from all liability for any property damage or personal injury to any third party resulting from my participation in the ACTIVITIES.
4. A FULL AND FINAL RELEASE AND WAIVER OF LIABILITY OF THE RELEASEES, any organizer of the ACTIVITIES and all persons and organizations associated with them and the ACTIVITIES, including without limiting the generality of the foregoing, their respective officers, directors, officials, agents and/or employees, other participants, sponsors, advertisers, owners and/ or lessors of the premises used to conduct the ACTIVITIES, sanctioning bodies, medical or rescue personnel of and from with the respect to all injury, disability, death or loss or damage to person or property whether arising from the negligence, or negligent rescue of or by the foregoing or otherwise;
5. My AGREEMENT NOT TO SUE OR MAKE CLAIM AGAINST THE RELEASEES for any loss, injury, costs or damages of any form or type, howsoever caused or arising, and whether directly or indirectly from the participation in the ACTIVITIES by me, and
6. My AGREEMENT TO INDEMNIFY AND TO SAVE AND HOLD HARMLESS THE RELEASEES, and each of them, from any litigation expense, legal fees, liability, damage, award, or cost, of any form or type whatsoever, they may incur due to any claim made against them or any one of them whether the claim is based in the negligence or the gross negligence of the Releasees or otherwise.
7. 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 THE ACTIVITIES.
8. I confirm that the Releasees will not be held responsible in the event of any complaint or legal action undertaken against myself because of consuming or bringing alcohol to the LAKESIDE HEFFLEY HIDEAWAY premise.
9. I understand and agree that the LAKESIDE HEFFLEY HIDEAWAY, I assume all liability and risk by doing so.

PHOTO/VIDEOIf LAKESIDE HEFFLEY HIDEAWAY or the Releasees take photographs or videos, I hereby assign full copyright of these photographs and videos to LAKESIDE HEFFLEY HIDEAWAY (and the related representatives and assigns) together with the right of reproduction either wholly or in part. Furthermore, I grant LAKESIDE HEFFLEY HIDEAWAY the perpetual and irrevocable and unrestricted right to use and publish video and/or photographs of me, or where I may be included for editorial trade, product or service advertising and such other fashion /business purpose in any manner and medium, including advertising with any retouching or alteration without restriction or compensation
In entering into this Release Agreement, I am not relying on any oral or written representations or statements made by the Releasees whatsoever including, but not limited to, any oral or written representations or statements with respect to the safety of the ACTIVITIES, other than what is set forth in this Release Agreement.
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 any litigation involving the parties to this Release Agreement shall be brought solely within British Columbia and shall be within the exclusive jurisdiction of the Supreme Court of British Columbia.

If any provision of this Release Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Release Agreement shall remain in full force and effect.