TERMS
1. In consideration of the Released Parties allowing the Participant to participate in the Activities, the Participant agrees:
a) Assessment: That it is the Participant’s sole responsibility to assess whether any Activities are too difficult for the Participant. By the Participant commencing an Activity, the Participant acknowledges and accepts the suitability and conditions of the Activity
b) Condition: That the Participant’s mental, emotional and physical condition is appropriate to participate in the Activities, the Participant is trained for the Activities, has not been advised against participation by any healthcare provider and assumes all risks related to the Participant’s mental and physical condition
c) Disclosure: This information may be shared with third parties as required by law, as necessary to protect the legal rights and interests of the Released Parties, for insurance purposes, for medical treatment purposes, or as otherwise deemed necessary by the Released Parties in their sole discretion.
d) Equipment: That the Participant is responsible for choosing the Participant’s safety or protective equipment and the secure fitting of that equipment
e) Facility Rules: To comply with the rules of the facility or equipment
f) Hazards: To remove themselves if at any time the Participant senses or observes any unusual hazard or unsafe condition or if the Participant feels they have experienced any deterioration in their physical, emotional or mental fitness; or that of their protective clothing, gear or equipment and immediately bring their observations to a representative of the Released Parties
g) Health Risk: To cease any activity immediately should they feel any discomfort, pain, dizziness, or any other symptoms that may indicate a potential health risk or injury and to seek medical advice as necessary
h) Impairment: The risks associated with the Activities are increased when the Participant is impaired by alcohol, drugs, medications, fatigue, illness, injury, or any other physical, mental or emotional condition or substance, and the Participant represents and warrants that they will not participate if impaired in any way. The Released Parties shall have sole and absolute discretion to determine whether a Participant is impaired, and such determination shall be final and binding. The Participant acknowledges that the Released Parties reserves the right to refuse participation to anyone showing signs of impairment.
i) Medical Insurance: The Participant has secured appropriate primary and extended medical insurance
j) Medical Treatment: The Participant is financially responsible for all costs associated with any emergency medical treatment and any subsequent medical care
k) Property: That the Released Parties are not responsible or liable for any damage to the Participant’s vehicle, property, or equipment that may occur as a result of the Activities
l) Statements: That the Participant is not relying on any oral or written statements made by the Released Parties or their agents, whether in a brochure or advertisement or in individual conversations, to agree to participate in the Activities
INDEMNITY, RELEASE AND WAIVER OF CLAIMS
2. The Participant acknowledges and agrees to the following terms:
a) To an unqualified assumption of all risks arising out of, associated with or related to, participation in the Activities and waives all claims that the Participant may have now or in the future against the Released Parties.
b) NOT TO SUE THE RELEASED PARTIES, whether directly or indirectly, from the Participant’s participation in any aspect(s) of the Activities.
c) To SAVE and HOLD HARMLESS the RELEASED PARTIES, and each of them, from any litigation expense, legal fees, liability, damage, award or cost of any form or type whatsoever they may incur due to any claim made against them or any one of them by the Participant or on the Participant’s behalf, or that of the Participant’s estate.
d) To provide a FULL AND FINAL RELEASE AND WAIVER OF LIABILITY AND ALL CLAIMS the Participant has, or may in the future, against the Released Parties from any and all liability for any loss, damage, injury or expense that the Participant may suffer as a result of their use of or presence at the Released Parties or participation in any part of, or presence in any capacity in the Activities, due to any cause whatsoever; INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED.
e) To forever and irrevocably indemnify, defend, and hold harmless the Released Parties from any and all liability for any and all claims, demands, actions, damages (including direct, indirect, special and/or consequential), losses, actions, judgments, and costs (including legal fees) (collectively, the “Claims”) which the Participant has or may have in the future, that might arise out of, result from, or relate to, participation in the Activities, even though such Claims may have been caused by any manner whatsoever, including but not limited to, the Released Parties’ breach of contract and/or breach of any statutory duty of care; or negligence, gross negligence, negligent rescue, omissions, carelessness, of the Released Parties; including any compounding or aggravation of injuries caused by negligent rescue.
JURISDICTION
1. The Participant agrees that in the event that the Participant files a lawsuit against the Released Parties, the Participant agrees to do so solely in the province of Alberta, Canada and further agree that the substantive law of Alberta will apply without regard to conflict of law rules.
SEVERABILITY
2. If any provision of this Agreement is held invalid, illegal, or unenforceable in any jurisdiction, such provision shall be deemed severable and ineffective only to the extent of such invalidity, illegality or unenforceability without invalidating the remaining provisions hereof or affecting the validity, legality or enforceability of such provision in any other jurisdiction. The remaining provisions shall continue in full force and effect as if this Agreement had been executed without the invalid provision.
ACKNOWLEDGMENT
3. The Participant acknowledges and agrees that they have been provided with sufficient opportunity to review and consider the terms and conditions of this Agreement before signing. After this review period, the Participant voluntarily accepts the terms and conditions without undue influence or duress. The Participant affirms that they are fully aware of the risks and hazards associated with the Activities offered by the Released Parties, including but not limited to physical injury, illness, and, in extreme cases, death. The Participant acknowledges that participation in any Activity conducted by the Released Parties is entirely voluntary and that they choose to participate despite the risks. The Participant agrees to attend, if requested by the Participant, a pre-activity briefing for risk and terms explanation.
4. THIS DOCUMENT IS SIGNED VOLUNTARILY AND WITHOUT DURESS, FRAUD, UNDUE INFLUENCE, OR IMPROPER INDUCEMENT. The Participant acknowledges that they have read and understand this Agreement, that they have executed this Agreement voluntarily, and that this Agreement is to be binding upon themselves, their heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legal or personal representatives. They further acknowledge that by signing this Agreement, they have waived their right to maintain a lawsuit against the Released Parties on the basis of any claims from which they have released herein.