Release Of Liability, Waiver Of Claims, Assumption Of Risk And Indemnity Agreement-Ocean Light Adventures Ltd. -2022


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ASSUMPTION OF RISK
I have agreed to purchase a guided wilderness tour from Ocean Light Adventures Ltd, which may include, without limitation: wilderness travel, motorized boat travel, inflatable boat travel, bear viewing, marine wildlife viewing, guided or unguided kayaking, swimming, walking or balancing on sharp and/or unpredictable surfaces and/or logs and rocks that may be uneven and/or slippery, use of speedboats and/or float planes, hiking, beach walking, campfires, transportation, accommodation, food and beverage, water supply, all other activities and services, use of facilities or equipment and all travel by or movement around boats, aircraft, vans, or other vehicles (the “Services”). In addition, there is always a risk of exposure to infectious disease contracted through viruses, bacteria, parasites and fungi which may be transmitted through direct or indirect contact.

I am aware that the Services have many inherent risks, dangers and hazards, both known and unknown, including but not limited to: adverse weather conditions, effects of boat movement, equipment failure, wildlife encounters, impacts or collisions, becoming lost or separated from the group, failure to operate a kayak safely or within one’s ability, negligence of others; or omissions, failure, or inability, of Ocean Light Adventures to safeguard or protect me from the risk, dangers and hazards of the Services.

I am aware of the risks, dangers and hazards associated with the Services and I accept and fully assume all such risks, dangers and hazards associated with the Services and the possibility of personal injury to myself or others, death of myself or others and/or property damage or loss, no matter how such injury, death, damage or loss occurred.

Ocean Light Adventures provides only dinner wine. It is our policy to ensure that no one become intoxicated on our wilderness adventures. No alcohol will be consumed until the anchor is set for the night. Anyone not respecting this policy, could be asked to leave and will receive no refund and will be responsible for all costs incurred. I agree that I will be fully and financially responsible for my own physical condition and well being during the trip and will follow the safety precautions prescribed by Ocean Light Adventures staff. I agree to permit any of the tour leaders the right to take photographic records for advertising, promotion or publication.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of Ocean Light Adventures providing me the Services, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I agree as follows:

1. To waive any and all claims that I may have against Ocean Light Adventures and to release Ocean Light Adventures from any and all liability for any loss, damage, expense or injury, including death, that I may directly or indirectly suffer as a result of me purchasing the Services from Ocean Light Adventures, due to any cause whatsoever, including any act or omission by me, breach of contract, or breach of the statutory or other duty of care, and also including Ocean Light Adventures not taking more reasonable steps to safeguard or protect me from the risks, dangers and hazards of the Services, some of which were set out above.

2. To hold harmless and indemnify Ocean Light Adventures for any and all liability (including but not limited to property damage, loss or personal injury) incurred by Ocean Light Adventures relating to my receipt of the Services from Ocean Light Adventures including but not limited to any and all claims, actions, losses, costs (including solicitor/client costs) or damages directly or indirectly relating to me for which Ocean Light Adventures may become liable for as a result of my breach of the terms of use of the Services.

3. I am at least 19 years of age and am not under a legal disability, or I am the parent or guardian of the minor child names above and have authority to sign this Release Agreement on their behalf. I acknowledge that I am fully responsible for my conduct and safety while using the Services, or the conduct and safety of the minor child named above while they use the Services.

4. This Release Agreement shall be binding upon my heirs, family, executors, administrators, assigns and representatives in the event of my death or incapacity.

5. The laws of British Columbia shall apply to this Agreement and any actions arising from this Agreement shall be the exclusive jurisdiction of the Courts of British Columbia.

ACKNOWLEDGEMENT
I confirm that I have read and understood this Release Agreement and I am signing it of my own free will. I further agree that if any portion of this agreement is found to be void and unenforceable then the remaining portions will remain in full force and effect. I also acknowledge that I have read and understand the tour Terms & Conditions. I am aware that by signing this Agreement I am waiving certain legal rights which I or my heirs, family, executors, administrators, assigns and representatives may have against Ocean Light Adventures Ltd.

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June 28, 2022

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Document name: Release Of Liability, Waiver Of Claims, Assumption Of Risk And Indemnity Agreement-Ocean Light Adventures Ltd. -2022
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October 1, 2021 10:09 pm PDTRelease Of Liability, Waiver Of Claims, Assumption Of Risk And Indemnity Agreement-Ocean Light Adventures Ltd. -2022 Uploaded by Ocean Light Adventures - adventure@oceanlight.ca IP 70.71.180.170
December 1, 2021 11:27 am PDT Document owner luke@shiftcreative.ca has handed over this document to adventure@oceanlight.ca 2021-12-01 11:27:44 - 207.6.85.155