PARTICIPANT WAIVER
INFORMED CONSENT AND ASSUMPTION OF RISK AGREEMENT. By signing this document, you will assume certain risks and responsibilities. Please read carefully this is a binding legal agreement. Clarify any questions or concerns before signing.
1. As a Participant in the NSSCR Swimming Lessons in the Lake and the orientation, instruction, activities, programs, and services of NSSCR-North and South Shuswap Community Resources the undersigned, being the Participant and the Parent/Guardian (collectively the “Parties”), acknowledge and agree to the terms outlined in this document.
2. Description of Risks.
The Parties understand and acknowledge that:
a) The Activities have foreseeable and unforeseeable inherent risks, hazards and dangers that no amount of care, caution or expertise can eliminate, including without limitation, the potential for serious bodily injury, permanent disability, paralysis and loss of life.
b) The NSSCR has a difficult task to ensure safety and it is not infallible. The NSSCR may be unaware of the Participant’s fitness or abilities, may give incomplete warnings or instructions, may misjudge weather or environmental conditions, and the equipment being used might malfunction.
3. In consideration of the NSSCR allowing the Participant to participate in the Activities, the Parties agree:
a) That the Participant’s mental and physical condition is appropriate to participate in the Activities.
b) That when the Participant practices or train in his or her own space, the Parties are responsible for the Participant’s surroundings and the location and equipment that is selected for the Participant.
c) To comply with the rules and regulations for participation in the Activities.
d) To comply with the rules of the facility or equipment.
e) That if the Participant observes an unusual significant hazard or risk, the Participant will remove themselves from participation and bring such to the attention of an organization representative immediately.
f) The risks associated with the Activities are increased when the Participant is impaired and the Participant agrees not to participate if impaired in any way.
g) That it is their sole responsibility to assess whether any Activities are too difficult for the Participant. By the Participant commencing an Activity, they acknowledge and accept the suitability and conditions of the Activity.
h) That they are responsible for the choice of the Participant’s protective equipment and the secure fitting of the protective equipment.
General
4. The Parties agree that in the event that they file a lawsuit against the NSSCR, they agree to do so solely in the province of British Columbia, Canada and they further agree that the substantive law of British Columbia will apply without regard to conflict of law rules.
5. The Parties expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by law and that if any of its provisions are held to be invalid, the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgement
The Parties acknowledge that they have read this agreement and understand it, that they have executed this agreement voluntarily, and that this Agreement is to be binding upon themselves, their heirs, their spouses, parents, guardians, next of kin, executors, administrators and legal or personal representatives.