R19, 2017-03-28

NOTE: WildPlay Kelowna does not accept paper waivers, please submit electronically.

PLEASE READ CAREFULLY!

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND ASSUMPTION OF RISKS AGREEMENT (hereinafter referred to as the "Release Agreement"). By signing this document you will waive certain legal rights, including the right to sue or claim compensation following an accident.

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Initial

TO: A2 Outdoor Adventures Inc. (dba WildPlay Kelowna), WildPlay Ltd., Ross Benson Adventures Corp., KMCS Ventures Ltd., The Estate of Willie Rometsch, Heartland Ranch Kelowna Inc. and Deborah J Cameron Productions Inc. and their directors, officers, employees, agents, independent contractors, subcontractors, suppliers, sponsors, successors, assigns and representatives (all of whom are hereinafter referred to as “the Releasees”).


DEFINITION:

In this Release Agreement the term “Adventure Activities” shall include all activities, events and services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include, without limitation: use of zip lines, suspended bridges, ladders, rope swings, bungee cords, braking devices, cable swings and nets; all travel either within or beyond the designated boundaries, including on logging roads and trails; orientation and instructional courses and sessions; and other such activities, events and services in any way connected with or related to Adventure Activities.

ASSUMPTION OF RISKS

I am aware that participating in Adventure Activities involves many inherent risks, dangers and hazards including, without limitation: exposed and falling rock, earth, ice, trees or other natural objects; wildlife; travel on back-country roads; negligence of other participants and other persons; hiking on rough and uneven terrain; changing weather conditions which may cause the trails and apparatus and zip lines to be slippery; equipment failure; failure to properly adjust or fasten equipment; improper use of equipment; falls; over-exertion; failure to remain within designated areas; impact or collision with trees or structures, other participants or guides; and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN ADVENTURE ACTIVITIES REFERRED TO ABOVE. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

In consideration of the RELEASEES agreeing to my participation in Adventure Activities and permitting my use of their services, equipment and facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:

  1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES 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, as a result of my participation in Adventure Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996. C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ADVENTURE ACTIVITIES REFERRED TO ABOVE;
  2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in Adventure Activities;
  3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
  4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction; and
  5. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.

In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in Adventure Activities, other than what is set forth in this Release Agreement. I confirm that I have read and understood the Release Agreement prior to signing it, and I am aware that by signing this Release Agreement I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators, assigns and representatives may have against the Releasees.


Dated this

Wed Feb 21, 2018

Version: KEL.3.3.e


Who is this waiver for?

Note that in BC, minors are anyone under 19 years of age. Unless legally appointed as a guardian, ADULTS CAN ONLY SIGN FOR THEIR OWN CHILDREN.


First Minor's Information

Second Minor's Information

Third Minor's Information

Fourth Minor's Information

Fifth Minor's Information

Sixth Minor's Information


Participant Information

Street address, P.O. box

Apartment, suite, unit, building, etc.




Participant Signature

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Signature


Electronic Signature Consent

By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


In addition to agreeing to WILDPLAY'S RELEASE, I understand and agree:
To be bound by all of WildPlay's registration conditions; to familiarize myself with WildPlay's activity safety guidelines, to inform WildPlay of medical conditions that might affect my participation; that medical costs arisingfrom participation at WildPlay are my responsibility; to permit the use of video and pictures of my activities for promotional purposes; and, TO HAVE A GREAT TIME AT WILDPLAY!


Privacy Notice:

WildPlay Ltd. and its affiliated companies must collect personal information (name, home address, age and weight) from guests to meet legal and insurance requirements, which allow guests to participate in park activities. By also providing WildPlay with an email address, guest reservations can be confirmed and unique guest profiles in our guest database can be created. With email addresses, guests are served more quickly and efficiently, when they make future reservations or check-in at WildPlay parks. WildPlay may use some personal information (gender, home city and age) in aggregate to analyse and utilize for marketing and business development purposes.

WildPlay does not provide or sell the personal information it collects from guests to others outside of its organization and its affiliate companies without consent. If personal information is sent outside of Canada for processing, WildPlay protects and safeguards this information through its contracts. Guests need to be aware that information processed in another jurisdiction may be accessed by the courts, law enforcement and national security authorities in that jurisdiction. Guests can choose to have their information removed from the guest database after participating in park activities by notifying WildPlay's privacy officer: privacy@wildplay.com


Consent to Receive Promotional Information: