To : WIND RIDER KITEBOARDING and ITS DIRECTORS, OFFICERS, and STAFF hereinafter referred to as the operator.
DEFINITION
In this agreement the term “Adventure Activities” shall include all activities in any way related to instruction, independent practice, or equipment rental provided by the Operator including, but not limited to: kite/wing flying on land and water, kiteboarding by riding a surfboard/kiteboard/foilboard under kite power, wingfoiling (including on SUPs and foilboards), tow foiling behind a jetski or boat, Stand Up Paddle (SUP), hiking and walking on uneven terrain near the water, swimming in ocean/lakes/rivers, recovery from the water via a boat, camping, as well as any transportation to and from the site of any of the above-mentioned activities (all hereinafter referred to as “Adventure Activities”).
ACKNOWLEDGMENT - SAFETY
I acknowledge that I have been advised to wear a helmet, kiteleash on the front of my harness and personal flotation device participating in Adventure Activities. Instruction in the proper use of safety equipment is available from the instructor. I am aware that the physical demands of Adventure Activities may activate or aggravate pre-existing conditions. I affirm that I am medically fit to participate or have consulted a physician. I acknowledge that I am not, nor will I be under the influence of drugs or alcohol while participating in Adventure Activities.
ASSUMPTION OF RISKS
I am aware that Adventure Activities involve many risks, dangers, and hazards including, but not limited to: accidents which occur during transportation to and from the site of Adventure Activities; losing kite/wing control due to error, equipment malfunction/defect, resulting in the participant being violently dragged through/under water or on land which may result in severe injury/death from drowning or collision/entrapment with rocks, trees, fences, vehicles, boats, or other objects; injuries or death from collisions with other negligent water-users, wingfoilers, kitesurfers, windsurfers, or boaters; injuries from foils, boards, or lines; injuries arising from tow foiling, including high-speed impact with water, equipment, or obstacles, or injuries associated with boat or jetski propulsion systems; encounters with wild or domestic animals resulting in death or dismemberment; environmental conditions such as wind or currents may cause the participant to be pulled out and lost in the ocean or violently be dragged by the kite/wing into objects or under water, weather conditions often change suddenly without notice; hypothermia due to exposure to very cold water and/or weather conditions; hiking and camping involving but not limited to : falling or otherwise being injured on unpatrolled and not inspected routes; becoming lost or separated from the operator or group; rapid or extreme changes in weather conditions. Communication in adventure activity locations is often difficult and not provided by the operator, in the event of an accident, rescue and medical treatment may not be accessible. I am also aware that there is a risk of NEGLIGENCE ON THE PART OF THE OPERATOR, INCLUDING THE FAILURE BY THE OPERATOR TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, AND HAZARDS OF THE ADVENTURE ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ADVENTURE ACTIVITIES AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
RENTAL EQUIPMENT RESPONSIBILITY
When renting equipment, I accept full responsibility for its safe and proper use. I understand that when using rented equipment independently, I am solely responsible for my decisions, actions, and safety. I agree I am responsible for any loss, theft, or damage — including damage caused to third parties or their property — however caused, including costs of repair or replacement. I understand that the Operator does not supervise independent use of rented equipment and that I assume all associated risks. I acknowledge that I have inspected the equipment provided and found it to be in suitable condition for use, and I accept it as-is. I acknowledge that improper use of equipment increases risk of injury.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT.
In consideration of the Operator agreeing to my participation in Adventure Activities and/or rent equipment and permitting my use of associated equipment, vehicles, parking, and facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I HEREBY IRREVOCABLY AGREE AS FOLLOWS:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may have against THE RELEASEE and TO RELEASE THE RELEASEE from any and all liability for any loss, damage, expense, or injury including death that I may suffer, or that my next of kin — including but not limited to my children, parents, spouse, heirs, executors, administrators, and assigns — may suffer resulting from either my use of equipment or my presence during instruction/lessons DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CARE, INCLUDING ANY DUTY OF CARE UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, c.337, ON THE PART OF THE RELEASE, AND ALSO INCLUDING THE FAILURE ON THE PART OF THE RELEASEE TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OR ADVENTURE ACTIVITIES REFERRED TO ABOVE;
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEE from any and all liability for any damage to property or personal injury of any nature to any third party, resulting from my use of equipment, participation in lessons, presence in location, or participation in Adventure Activities;
3. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representative, in the event, of my death or incapacity;
4. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed solely within the Province of British Columbia and shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction;
5. Any litigation involving the parties to this Agreement shall be brought solely with the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia;
6. I consent to having photos or videos taken of me and/or my minor child(ren) while participating in Adventure Activities, and I grant permission to Wind Rider Kiteboarding (“the Operator”) and its representatives to use such photos or videos, without restriction, for advertising, marketing, and promotional purposes in print, online, and social media. I understand that this consent is voluntary and that no compensation will be provided.
THE MARINE LIABILITY ACT, S.C. 2001, c.6, may limit the liability of the Operator in the event of an accident resulting in injury or death.
In entering into this agreement I am not relying upon any oral or written representations or statement made by the Releasee with respect to the safety of Adventure Activities, other than what is set forth in this agreement.
FOR AND ON BEHALF OF A PARTICIPANT OF MINORITY AGE, BY SIGNING WHERE INDICATED BELOW, I HEREBY CERTIFY THAT I AM THE PARENT/GUARDIAN WITH LEGAL RESPONSABILITY FOR THIS PARTICIPANT OF MINORITY AGE, AND I ACKNOWLEDGE THE RISKS ASSOCIATED WITH THE PARTICIPATION BY THE PARTICIPANT IN THE ADVENTURE ACTIVITIES AND I HEREBY DO CONSENT AND AGREE TO THEIR RELEASE OF ALL THE RELEASES FROM ANY AND ALL LIABILITIES INCIDENT TO THIS PARTICIPANT OF MINORITY AGE’S PARTICIPATION IN THE ADVENTURE ACTIVITIES.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHT WHICH I OR MY HEIRS, EXECUTIVES, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEE.
