Waiver of Liability
Ice Hut Rental
C.W. Royalty Group Inc. | 534 Lake Drive South, Keswick, ON L4P 1S4
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, BY SIGNING THIS AGREEMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF THE OCCUPIERS’ LIABILITY ACT OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY!
To: C.W. Royalty Group Inc., and its subsidiary, directors, officers, employees, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors, and assigns (hereinafter collectively referred to as the “Releasees”)
In this agreement, the term “ Ice Hut Activities” shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include, but not limited to use and attendance on all of C.W. Royalty Group Inc’s docks, marinas, and premises owned, leased, and/ or occupied by it; Ice Hut Rental and instructional courses by the Releasees; boarding, disembarking, using, operating and attending on any Ice Huts, snow showing or Ice Rinks, other equipment owned, leased and/or operated by the Releasees (the “Ice Huts”); consuming anything on the Ice Hut, including anything prepared and/or cooked in the Ice Hut including food provided by the Releasees; any activities on ice with such activities, events and services in any way connected with or related to those activities.
SECTION 1: ACKNOWLEDGEMENT OF RISKS – PLEASE READ CAREFULLY!
I. SAFETY. I acknowledge that I am required to adhere to safety protocol while participating in all Ice Hut Activities. I am aware that there are guides or instructors available to answer any questions that I may have as to the proper use of any of the Releasee’s equipment. I am aware that the physical exertion required of the Ice Hut Activities and the forces exerted on the body can activate or aggravate pre-existing physical injuries, conditions or congenital defects. I acknowledge that I should seek medical advice if I know or suspect that my physical condition may be incompatible with the Ice Hut Activities. I agree that I will disclose to the Releasees all potential operators, passengers, and users of the Ice Huts. In the event I fail to notify the Owner of any potential operators, passengers, or uses of the Ice Huts, I will be personally liable for any claims, causes of action, damages, costs or expenses, whether to the undislosed individuals, the Releasees or to any of them, and/or to any third parties, even if such claims, causes of action, damages, costs or expenses arise out of the negligence or fault of the Releasees.
II. I am aware that the Ice Hut activities contain many risks, dangers and hazards including but not limited to: falling through the ice while being transported from marina to ice hut and back, changing weather conditions including wind, blizzards, lightning, variances and extremes of wind, weather and temperature; changing ice conditions including pressure cracks, ice hut falling into the ice due to melting, currents, melting, ice thinning, personal belonging stuck on ice, and any negative effects created by other vehicles on the ice; personal injury, including but not limited to, sprains, strains, shock, stress, burns, seasickness, food borne illness, nausea, hypothermia, frostbite, wetness, fractured or broken bones, sunstroke, sunburn, cancer, dehydration, illness, soft tissue injuries, neck, head and brain injury, paralysis, psychological injury, other injury to the body and/or drowning and /or falling into ice and/or death; encounters with wildlife including marina animals and vegetation, birds, insects, parasites; malfunctions of the Ice Huts; collisions including other motor vehicle colliding with the Ice Hut, debris, vehicles, equipment, other participants in the Ice Hut Activities and other persons or structures whether man made or natural objects on ice, water or land and/or the Ice Hut capsizing; becoming lost or seperated from the Releasees and or other participants; the negligence of other participants in the Ice Hut Activities or any of Releasees; failing to take care in preparing the Ice Hut Activities and any and all NEGLIGENCE ON THE PART OF THE RELEASEES. I am also aware that these risks, dangers and hazards referred to above exist on terrain and water that may be uncontrolled, unmarked and not inspected.
III. ALCOHOL, SMOKING, VAPING AND ILLEGAL SUBSTANCES. I acknowledge that use and/or consumption of alcohol, smoking, vaping and/or legal or illegal drugs IS PROHIBITED ON THE ICE HUT OR WHILE ENGAGING IN THE ICE HUT ACTIVITES. If I consume or am under the influence of alcohol smoking, vaping and/or legal or illegal drugs prior to or while engaging in the Ice Hut Activities or while on the Facilities, as defined below, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY THE RELEASEES, I ASSUME AND ACCEPT ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM AND WILL INDEMNIFY THE RELEASEES FROM ANY AND ALL LIABILITY FOR ANY DAMAGE TO PROPERTY OR PERSONAL INJURY TO ANY THIRD PARTY, RESULTING FROM MY PRESENCE ON THE FACILITIES AND/OR ENGAGEMENT IN THE ICE HUT ACTIVITIES, WHILE, DURING OR AFTER CONSUMPTION OF ALCOHOL, SMOKING, VAPING AND/OR LEGAL OR ILLEGAL DRUGS.
SECTION 2: ASSUMPTION OF RISKS – PLEASE READ CAREFULLY!
I FREELY ACCEPT AND FULLY ASSUME ALL THE RISKS, HAZARDS, AND DANGERS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE (AS SET OUT IN SECTION 1) WHILE ENGAGED IN OR AS A RESULT OF MY VOLUNTARY PARTICIPATION IN THE ACTIVITY
SECTION 3: RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT. THESE CONDITIONS WILL AFFECT YOUR LEGAL RIGHTS – PLEASE READ CAREFULLY!
In condsideration of the Releasees allowing me to participate in the Ice Hut Activities and permittting me the use of the property, docks, marinas, Ice Hut, other stuctures and equipment, (hereinafter referred to as the “Facilities”) and for good and other valuable consideration, the recipet and sufficiency of which is acknowledged, I hereby agree as follows:
TO WAIVE ANY AND ALL CLAIMS that I may have or may in the future have against THE RELEASEES, OR ANY OF THEM, 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 resulting from either my use of or my presence on the Facilities and/or my engagement in the Ice Hut Activities DUE TO ANY CAUSE WHATSOEVER INCLUDING ALCOHOL, SMOKING, VAPING OR DRUG CONSUMPTION, NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE UNDER THE OCCUPIER’S LIABILITY ACT, R.S.O. 1990, c. O.2 AND/OR ANY APPLICABLE MARINE LEGISLATION ON THE PART OF THE RELEASEEES, AND ALSO INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD ME FROM THE RISKS, DANGERS AND HAZARDS OF ICE HUT ACTIVITIES REFERRED TO ABOVE;
TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property or personal injury to any third party, resulting from my use or presence on the facilities and/or my engagement in the Ice Hut Activities;
This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns, representatives in the event of my death or incapacity;
This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario and no other jurisdiction;
Any litigation involving the parties to this Agreement shall be brought solely within the Province of Ontario and shall be within the exclusive jurisdiction of the Courts of the Province of Ontario; and
To consent to having photos or videos taken of me while on the Facilities and/or engaging in the Ice Hut Activities and to the publication of the photos or videos by the Releasees for advertising, marketing and promotional purposes.
I AM NOT RELYING UPON ANY ORAL OR WRITTEN REPRESENTATIONS OR STATEMENTS MADE BY THE RELEASEES WITH RESPECT TO THE SAFETY OF THE ICE HUT ACTIVITIES AND/OR THE FACILITIES OTHER THAN WHAT IS SET FORTH IN THIS AGREEMENT.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ICE HUT ACTIVITIES AND I AND MY PARTICPATING GROUP FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.
I CONFIRM THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH ME OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
FOR PARTICIPANTS OF MINORITY AGE, I HEREBY CONSENT THAT I, AS PARENT/GUARDIAN WITH LEGAL RESPONSIBILITY FOR THIS PARTICIPANT OF MINORITY AGE, DO CONSENT AND AGREE, TO HIS/HER RELEASE OF ALL THE RELEASEES, AND, FOR MYSELF, MY HEIRS ASSIGNS AND NEXT OF KIN, I RELEASE AND AGREE TO INDEMNIFY THE RELEASEES FROM ANY AND ALL LIABILITIES INCIDENT TO THIS PARTICIPANT OF MINORITY AGE’S PARTICIPATION IN THE ICE HUT ACTIVITIES OR ATTENDANCE AND/OR USE OF THE FACILITIES.
I understand that as the participant who signed this document, I also represent other participants who participate in the ice hut activities. Every participant have read, understood, acknowledged and agrees to the Liability Waiver and Rental Policy.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ICE HUT ACTIVITIES. I AND MY PARTICIPATING GROUP OF INDIVIDUALS FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.
I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND POLICY. I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, PARTICIPATING INDIVIDUALS IN MY GROUP, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.