Release of Liability, Waiver of Claims, and Assumption of Risks
PLEASE READ CAREFULLY!
Release of Liability, Waiver of Claims, and Assumption of Risks
PLEASE READ CAREFULLY!
In consideration of ADVENTURE SPORT RENTALS INC., an Ontario corporation (the "Company") permitting the individual named below ("I" or "me" or “Participant”) to: (a) rent and/or use sports gear, equipment, and/or vehicles from the Company (collectively, “Rentals”), including but not limited to snowmobiles, ATVs, mountain bikes, jet skis, kayaks, canoes, inflatable boats; and/or (b) participate in orientation sessions, if any, and sports and recreational activities (collectively, “Activities”) while using the Rentals, including but not limited to snowmobiling, ATV’ing, mountain biking, jet skiing, kayaking, canoeing, boating and hiking; and (c) for other good and valuable consideration, I agree to all the terms and conditions set forth in this agreement (this "Agreement").
ACKNOWLEDGEMENT OF RISKS
I acknowledge that I have been advised to wear appropriate safety and protection gear while using the Rentals and/or participating in the Activities. I will inspect the Rentals to ensure that they are in good working order prior to my usage. I represent and warrant that I am in good physical condition and that I am not, nor will I be under the influence of drugs, alcohol, or any other substance while using the Rentals and/or participating in the Activities.
I acknowledge and understand that the risks, dangers and hazards in using the Rentals and/or participating in the Activities can be reduced or influenced by the proper use of appropriate safety and protection gear, my physical condition, experience, tiredness, coordination, balance, disability, alcohol or drug impairment, focus and group size. I agree to stop my use of the Rentals and participation in the Activities immediately if I, at any time, feel that my physical condition and/or the conditions of the environment have become a hazard to my safe use and operation of the Rentals and participation in the Activities.
ASSUMPTION OF RISKS
I AM AWARE AND UNDERSTAND THAT USE OF THE RENTALS AND PARTICIPATION IN THE ACTIVITIES INVOLVE MANY RISKS, DANGERS, AND HAZARDS, INCLUDING BUT NOT LIMITED TO THE RISK OF SERIOUS INJURY, DEATH, OR PROPERTY DAMAGE OR LOSS. I ACKNOWLEDGE THAT I AM VOLUNTARILY USING THE RENTALS AND PARTICIPATING IN THE ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS, AND HAZARDS INVOLVED AND THE POSSIBILITY OF INJURY, DEATH, OR PROPERTY DAMAGE OR LOSS, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I hereby expressly waive and release any and all claims which I have or may in the future have against the Company, its affiliates, and their respective directors, officers, employees, agents, representatives, shareholders, successors, and assigns (collectively, "Releasees"), arising out of or attributable to my use of the Rentals and my participation in the Activities, due to any cause whatsoever, including without limitation the negligence of the Company or any other Releasee, breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.
I SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ALL OTHER RELEASEES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE LEGAL FEES, IN CONNECTION WITH ANY THIRD-PARTY CLAIM, SUIT, ACTION, OR PROCEEDING ARISING OUT OF OR RESULTING FROM THE RENTALS AND/OR ACTIVITIES.
This Agreement constitutes the entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
This Agreement is binding on and shall enure to the benefit of me and my heirs and next-of-kin, and the Company and its successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of the Province of Ontario, and I hereby consent to the exclusive jurisdiction of such courts.
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