Victoria Canoe
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VCKC Waiver |
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VCKC Waiver 2025Victoria Canoe & Kayak Club ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT Assumption of Risk: Whereas the Victoria Canoe and Kayak Club (“VCKC”) is aware that watercraft paddling is a potentially dangerous activity which is often performed in wilderness and natural locations and the undersigned acknowledges and is aware of same having said dangers and hazards explained to the undersigned by VCKC, the undersigned by signing this agreement therefore assumes all risks with respect any and all hazards that may be encountered while participating in watercraft paddling activities, at any location, which include but are not limited to: strong and unpredictable currents; cold water; submerged objects and rocks; shore hazards; uneven and jagged river, lake and ocean bottoms; unstable paddle craft and vessels; sudden and unpredictable changes in the weather; hypothermia; injuries; loss of life; lost and damaged property including watercraft stored at any premises owned or operated by VCKC; animal attack; drowning; contact with noxious substances; equipment failure; sinking; collision; heat and sun injuries; dehydration; loss at sea; abandonment; possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19; and any and all hazards associated with paddling, racing, camping, portaging, wilderness traveling, social events and other pursuits of VCKC. Disclosure and Acknowledgement of Responsibility: VCKC may provide Activity Leaders for VCKC events that may not be a professional instructor, guide, or a trained first aid attendant. An Activity Leader’s sole responsibility is only to organize events, be informed of the means of access to event areas, commence activities at events, and be informed of the route or routes to be navigated. It is the responsibility of each participant at a VCKC event to ensure that they have the necessary skills, experience, fitness and equipment commensurate with the requirements of the event. Each participant is responsible for: knowing Club rules for each activity; their personal safety; providing suitable first aid supplies; and for ensuring that personal clothing and equipment are serviceable. Release of Liability, Waiver of Claims, and Indemnity: In consideration of being permitted to participate in VCKC Activities, the undersigned and their heirs, next of kin, executors, administrators, personal representatives, and assigns forever unconditionally release, remise, waive all claims, and discharge VCKC and anyone else who may claim on the undersigned’s behalf against VCKC, any and all claims, liability and damages the undersigned may now have, or in the future may have, against VCKC, its members, trip organizers, together with their partners, parents, affiliates, subsidiaries, successors and predecessor organisations, directors, officers, shareholders, employees, agents, insurers and assigns, jointly and severally from any and all actions, causes of actions, contracts (whether express or implied), claims and demands for damages, loss or injury, suits, debts, sums of money, indemnity, expenses, interest, costs and claims of any and every kind and nature whatsoever, at law or in equity, whether or not known, absolute or contingent, matured or unmatured, suspected or disclosed which the undersigned ever had or now has, or may hereafter have and all persons acting under its authority (collectively described here as “VCKC Entities”) arising from or in connection with the undersigned’s participation in the activities of VCKC howsoever caused. The undersigned further hereby releases and forever discharges VCKC Entities from and against all demands, claims, actions, damages, costs, and expenses arising from or with respect to death, injury, damage or loss to the undersigned’s person or property of any kind whatsoever, howsoever caused in connection with the undersigned’s participation in VCKC Activities though the same may have contributed to or have caused by the negligence, gross negligence, or breach of contract of VCKC or breach of any statutory or other duty of care. The undersigned further agrees to hold harmless and indemnify VCKC Entities from any and all liability for any damage to the property or person of any third party resulting in the undersigned’s involvement in or presence during any of the activities of VCKC. The undersigned acknowledges that VCKC, in obtaining this waiver from the undersigned, is doing so for the sole benefit VCKC and VCKC Entities. In the event that the undersigned acts in any capacity for VCKC, the undersigned appoints VCKC as agent for the purpose of obtaining an indemnity and release of liability from other members of VCKC or persons participating in its activities. Minor Children: If the undersigned is signing as a parent or guardian on behalf of a minor child the terms of this agreement shall be binding on the undersigned as parent or guardian and the undersigned accepts and agrees all terms set out in this agreement are applicable against any claim the minor child may raise and this agreement shall act as a complete defence for any claim made by or on behalf of the minor child against VCKC or VCKC Entities by the undersigned parent or guardian or minor child and the undersigned parent or guardian, by signing this agreement, confirms that they are the legal parent or guardian with the legal authority to enter into this agreement. If the undersigned is a minor child, the minor child represents that their parents or guardians are aware of and consenting to the terms of this agreement, and that the minor child by signing below assumes all risk when participating at VCKC activities. Binding Effect: This agreement shall be effective and binding upon the undersigned’s heirs, next of kin, executors, administrators, personal representatives, and assigns in the event of the undersigned’s death or incapacity. In entering into this Agreement, the undersigned is not relying upon any oral or written representations or statements made by VCKC or VCKC Entities other than those which are set forth in the Agreement. BY CHECKING THE BOX IN MY ONLINE PROFILE I INDICATE THAT I HAVE READ, UNDERSTAND, AND ACCEPT THIS AGREEMENT AND I AM AWARE THAT BY ACCEPTING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, AND ASSIGNS MAY HAVE AGAINST THE RELEASES. VCKC, November 27, 2024 |