DEFINITION: In this Release Agreement, "Activities" shall include the use of canoes provided by Lakeview Luxury Retreat.
ASSUMPTION OF RISKS: I am aware that the use of the canoe involves many risks, dangers, and hazards, including, but not limited to: accidents during transportation to and from the put-in; slip and falls while getting into or out of the canoe; overturning of the canoe; loss of balance; impact; collision with or entrapment by trees, logs, deadfall, rocks, boats, or equipment, man-made objects, debris; hypothermia; changing and inclement weather conditions including storms, high wind, high waves, and lightning; encounters with domestic or wild animals; infectious diseases contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact; NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, AND HAZARDS OF USING THE CANOE.
MANDATORY LIFE JACKETS: It is mandatory to wear a life jacket while using the canoe. Life jackets are provided for all guests and are available at the location.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT: In consideration of the Releasees agreeing to my participation in the Activities and permitting my use of their services, equipment, and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future 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 canoeing 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.N.S. 1989, c. 277, 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 USING THE CANOE;
- 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 or in any way connected to my participation, involvement, or inquiries regarding the canoeing activities;
- This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, and representatives in the event of my death or incapacity;
- 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 Nova Scotia and no other jurisdiction; and
- Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of Nova Scotia and shall be within the exclusive jurisdiction of the Courts of the Province of Nova Scotia.
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 participating in the Activities, other than what is set forth in this Release Agreement.
