Radius Retreat

Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement (the "Agreement")

By clicking "I Agree" you agree to our cancellation policy and to waive certain legal rights, including the right to sue. Please read carefully;

Activities: The activities include, but are in no way limited to any activity related to a Lodger's rental or use of the property of Radius Retreat Inc. ("Radius") including: the use of any yurt or campsite; hiking, snowshoeing, cycling, mountain biking, skiing, cross-country skiing, tubing, sledding, or any other recreational activity; collisions or impact with natural or man-made objects or other persons; slips, trips, or falls; travel within or beyond the Radius boundaries; chopping wood and/or the use of any campfire, whether or not such campfire is a designated campfire zone; and the attendance and/or participation whether directly or indirectly in any way whatsoever and whether or not such activity is sponsored, sanctioned or supported by Radius, in any organized activity of Radius (including any social activities). In consideration for being permitted to participate in any way in any Radius activity, and for other good and valuable consideration, the receipt and sufficiency of which is herby acknowledged, I, for myself and on behalf of my child as parent / legal guardian (as applicable), and for my successors, assigns, and heirs covenant and agree as follows:
Acknowledgement and Assumption of Risks
I acknowledge, agree and represent that I understand the nature of the Radius Activities and that I am qualified, in good health, and in proper physical condition to participate in such activity, and is doing so voluntarily and willingly.  I further agree and warrant that if at any time I believe my health to be impaired or conditions to be unsafe, I will immediately discontinue further participation in the Radius Activities.I acknowledge, agree and represent that I understand that Radius is in no way responsible for the loss or damage of my belongings while I participate in any Radius Activity.  I am aware that the Radius Activity involves many risks, dangers, and hazards, which could result in damage, loss or serious injury.  I am aware that these risks, dangers and hazards may be caused by my own actions or inactions, the actions or inactions of others, the conditions in which Radius Activity takes place, or any failure on the part of the Releasees (as defined herein) to safeguard or protect against the risks, dangers and hazards of the Radius Activities.  I am also aware that there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time.  I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS, HAZARDS AND ANY INJURY, LOSS OR DAMAGE OF ANY KIND AND HOWEVER CAUSED INCLUDING RESPONSIBILITY FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, COSTS, DAMAGE AND ALL LOSS INCLUDING ECONOMIC LOSS, RESULTING THEREFROM.
Release of Liability, Waiver or Claims and Indemnity Agreement I further agree as follows:
TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against Radius, its members, directors, officers, employees, agents, volunteers, affiliates, sponsors, independent contractors, organizers, representatives and assigns, and if applicable, other participants or lodgers, and owners/lessors of premises on which Radius Activity takes place and all of their agents and employees (all of whom are hereinafter collectively referred to as the "Releasees").
to release and discharge the Releasees from any and all liability for any loss, damage, expense or injury of any kind including death, personal injury, property damage, damage to reputation or economic loss that I may suffer as a result of my participation in the Radius Activities due to any cause whatsoever, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE ON THE PART OF THE RELEASEES, AND INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE RADIUS ACTIVITIES REFERRED TO ABOVE.
TO HOLD HARMLESS, SAVE, AND INDEMNIFY THE RELEASEES from any and all liability, expenses, or costs for any damage to property of, or personal injury to, or death of, any third party, resulting from my participation in the Radius Activities, including lawyer fees. Without limiting the generality of the foregoing, if the Acknowledgement and Assumption of Risk, Release of Liability or Waiver of Claims, or any of them, is deemed to be unenforceable, the above-mentioned Indemnities shall nevertheless remain in full force and effect
Additional Terms of the Agreement
1.This Agreement shall be effective and binding upon my spouse, heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity.
2.This Agreement shall be governed by and interpreted in accordance with the laws of the Province of British Columbia and applicable federal laws of Canada.
3.If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement or the application thereof to any person or circumstance shall not be affected thereby and each covenant, obligation and provision of this Agreement shall be separately valid and enforceable to the fullest extent permitted by law.
4.In entering into this Agreement I am not relying upon any oral, visual, or written representations or statements made by the Releasees other than what is set forth in this Agreement.
I HAVE READ AND UNDERSTAND THIS AGREEMENT IN ITS ENTIRETY AND I AM AWARE THAT BY CLICKING I AGREE, I AGREE TO BE BOUND BY THIS AGREEMENT AND I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.  EACH LODGER MUST READ THIS AGREEMENT IN FULL BEFORE THE LODGER WILL BE PERMITTED TO PARTICIPATE IN THE RADIUS ACTIVITIES.