RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
IN CONSIDERATION AND EXCHANGE for the Releasees allowing me, or the Minor Child (if applicable), to participate in the Activities, use the Facilities and providing their services, which I acknowledge the Releasees have given me:
1. I AGREE TO WAIVE ANY AND ALL CLAIMS that I, or the Minor Child (if applicable), have or may have in the future 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 the Minor Child (if applicable) may suffer, as a result of my participation in the Activities DUE TO ANY CAUSE WHATSOEVER, including but not limited to:
negligence of the Releasees;
breach of contract by the Releasees;
breach of warranty by the Releasees in respect to the design, manufacture selection, installation, maintenance or adjustment of equipment;
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.303, on the part of the Releasees; or
the failure on the part of the Releasees to safeguard or protect me or the Minor Child from the risks, dangers and hazards of the Activities.
2. I AGREE to INDEMNIFY, DEFEND AND HOLD THE RELEASEES HARMLESS from and against any and all claims, losses, liability damages, expenses, and costs, including reasonable outside lawyers' fees and court costs, to the extent arising out of my participation or the participation of the Minor Child (if applicable), in the Activities, whether or not arising out of the Releasees’ (a) negligence or willful misconduct; (b) violation of applicable law; or (c) material breach of any of the terms of this Agreement.
3. I AGREE that, despite the risks, dangers and hazards of the Activities, and fully understanding such risks, dangers and hazards, I wish to participate, or to have the Minor Child (if applicable) participate, in the Activities AND I FREELY ACCEPT AND FULLY ASSUME all such risks, dangers and hazards and the possibility of personal injury, death, property damage and loss resulting from such participation including the risk that I may have to compensate the Releasees for any costs, expenses or loss suffered by the Releasees as a result of the Minor Child’s participation in the Activities.
4. I AGREE that, at all times, I shall follow or cause the Minor Child (if applicable) to follow, ALL THE RULES AND REGULATIONS set by the Releasees, as may be established or modified from time to time.
5. I AGREE that this Agreement shall be effective and binding upon my heirs, next-of-kin, executors, attorneys, administrators, assigns and representatives, in the event of my death or incapacity, and any other person who could in any way represent me or act on my behalf.
6. I AGREE that the Releasees have NO DUTY TO SUPERVISE my involvement, or the involvement of the Minor Child, in the Activities and that I AM, AT ALL TIMES, RESPONSIBLE for my, and the Minor Child’s (if applicable), actions, inactions, injury, temporary or permanent disability, death, damages, liabilities, expenses or costs which may be suffered by me or the Minor Child (if applicable).
7. I AGREE that this Agreement, including those portions of the Agreement under the headings DEFINITIONS, REPRESENTATIONS and ASSUMPTION OF RISK, is the ENTIRE AGREEMENT between me and the Releasees with respect to my participation in the Activities or the participation of the Minor Child (if applicable) in the Activities and supersedes any prior agreement, representations or communications between me and the Releasees, whether written, oral, electronic, or otherwise. Except as express provided in this Agreement, there are no representations, warranties, conditions, other agreements or acknowledgements, whether direct or collateral, express or implied, that form part of or affect this Agreement.