Acknowledgement of Risk, Release + Indemnity
This waiver shall apply to all activities, events or services provides, arranged, organized, sponsored or authorized by Ace Camps Inc. (hereinafter referred to as the “Operator”), including without limitation; transportation or travel to & from any activities, and the loading & unloading vehicles, luggage. (Hereinafter collectively referred to as “the Activities”).
2. ACKNOWLEDGMENT & ASSUMPTION OF RISK:
By signing this Waiver the undersigned hereinafter referred to as the “Participant” hereby agrees & acknowledges that through his/her participation in any one or more of the Activities, he/she is exposing himself/herself to the inherent risks, dangers & hazards directly & indirectly associated with the Activities, including , without limitation, boating, water sports; equipment failure; encounters with animals; direct interaction with natural elements including, hazards on land and sea; negligence of boaters, and other customers of the Operator. Further the Participant acknowledges that the physical exertion required by certain of the Activities can cause or aggravate pre-existing physical injuries, conditions, symptoms or defects. Notwithstanding all of the foregoing, by reading & signing this Waiver the Participant freely accepts & agrees. To fully assume all risks, danger, & hazards associated with the Activities & the possibility of injury, death, property damage or any other loss that may be associated therewith or result therefrom. In signing this waiver the Participant acknowledges that he/she is not relying on any oral or written representation or statements made by the Releasees with respect to the safety of the Activities, other than what my be expressly contained in the Waiver.
3. RELEASE OF LIABILITY, WAIVER OF CLAIMS & INDEMITY:
In consideration of the Operator agreeing to the Participant’s participation in the Activities & permitting the Participant’s use of it’s equipment, vehicles, parking and other facilities, the (participant hereby agrees to: (a) waive any & all claims that the Participant may have or may in the further have against the Operation, its successors & assigns, & as applicable its shareholders, directors, officers, employees, agents, guides, instructor & representative (all of whom are hereinafter collectively referred to as the “Releasees”) & to release & forever discharge the Relatives from any & all liability for any loss, damage, expense or injury, including death, that the Participant may suffer or that his/her next of kin may suffer as a result of the Participant’s participation in the Activities, due to any cause, including with limitation negligence, breach of contact, or breach of any statutory or other duty of care, including any duty of care owed by the Releasees under Occupiers’ Liability Act; and (b) hold harmless & indemnify the Releasees from any & all liabilities for any property damage or person injury to any & all liability for any property damage or personal injury to any third party resulting from the Participant’s participation in the Activities.
4. BINDING NATURE
This Waiver shall be effective & binding upon the undersigned & as applicable his/her heirs, executors, administrators & personal representatives.
5. PHOTO RELEASE:
By signing this Waiver, the participant hereby provides his/her express consent & authorization to the Operator utilizing, at its sole discretion, for its advertising, promotion, & marketing purposed, any photographs taken of the Participant during his/her participation in the Activities.