RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
(hereinafter the “Release Agreement”)
BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR TO CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY!
TO: OYAMA ZIPLINE LTD. (“the Company”) and its directors, officers, employees, representatives, agents, independent contractors, subcontractors, sponsors, successors, assigns, representatives, shareholders, affiliates, and subsidiaries (collectively called “the Releasees”).
hereby sign this agreement on behalf of myself, my personal representatives, heirs and assigns.
ASSUMPTION OF RISKS
- I agree as a precondition to my participation in all events organized by “the Company” and/or “the Releasees” including, but not limited to: GUIDED ZIPLINE TOUR, AERIAL CHALLENGE COURSE, QUICK JUMP FREE FALL, AND MONKEY PLAY PARK (collectively referred to as “the Activities”) and in further consideration of “the Company” allowing me to do so, that I will be strictly bound by the terms of this Release of Liability, Waiver of Claims, Assumption of Risk and Indemnity Agreement (“the Agreement”).
- I acknowledge that “the Activities” involve inherent risks and dangers that may cause serious injury and possible death to participants.
- I fully understand the risks and dangers associated with my participation in “the Activities” and accept same entirely at my own risk.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees allowing me to participate in “the Activities” and the use of the safety equipment, ziplines, towers, bridges, structures, obstacle elements, trails, and transportation vehicle (hereinafter the “facilities”), I hereby agree as follows:
1. TO WAIVE 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 use of or my presence on the facilities 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.B.C. 1996, c. 337. ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE REALEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE “ACTIVITY” REFERRED TO ABOVE.
2. I agree to hold harmless and indemnify “the Company” and “the Releasees” from any and all liability for any damage to property of or personal injury to any third party, resulting from my or any minor child/ward of mine’s use of or presence on the “facility” or participating in “the Activities”;
3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
3. 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 no other jurisdiction; and any litigation involving the parties to this Release Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.
In entering into this Release Agreement I am not relying upon any oral or written representations or statements made by the Releasees other than what is set forth in this Release Agreement. I AM 18 YEARS OF AGE OR OLDER, AND HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
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