TO: Tourism Medicine Hat (hereinafter referred to as the “Operators”), HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF ALBERTA (hereinafter referred to as “the Province of Alberta”).
In this agreement the term “River Activities” shall include all activities in any way related to the tubing, floating, swimming, kayak, stand up paddle board, and canoe trips and including, but not limited to, orientation and instruction sessions, and all recreational activities offered (hereinafter referred to as the “Activities”).
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of THE OPERATOR agreeing to my, or my child’s participation in the Activities and permitting me/my child’s use of it’s boats, vehicles and other equipment (hereinafter referred to as the “’boating facilities”), and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future THE OPERATORS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS. INSTRUCTORS, INDEPENDENT CONTRACTORS, SUBCONTRACTORS AND REPRESENTATIVES (ALL OF WHOM ARE HEREINAFTER REFERRED TO AS 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 river 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, ON THE PART OF THE RELEASEES AND FURTHER INCLUDING THE FAILURE OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, AND HAZARDS OF THE ACTIVITIES.
2 TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability from any property damage or personal injury to any third party resulting from my/my child’s participation in River Activities;
3 That this Agreement shall be affective and bringing upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death;
4 That this Agreement shall be governed by and interpreted in accordance with the laws of the Province of Alberta
5 That any litigation involving that parties to this Agreement shall be brought within the Province of Alberta;
6 That I authorize any medical treatment to be performed on me and my child and children deemed
necessary for any injury suffered during participation in River Activities;
7 That I agree to pay all costs and expenses associated with rescue and medical treatment of myself and my child or children;
8 PHOTO RELEASE – I consent to photographs taken of me/my child during participation in the River Activities, and to the publication of the photographs by the Operators for advertising, promotional and marketing purposes.
MARINE LIABILITY ACT: The Marine Liability Act: S.C.200l,c.6, may limit the liability of the Operators in the event of an accident resulting in injury or death.
In entering into this Agreement I am not relying on any oral or written representation of statements made by the Releasees with respect to the safety of River Activities, other than what is set forth in this Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT BEFORE SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.