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DIGITAL WAIVER ACKNOWLEDGEMENT

Magic Ocean Resort Booking and Waiver Form

Please complete the form below to book your desired activities at Magic Ocean Resort. All participants must sign a waiver before payment can be processed.

Step 1

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter referred to as the “Release Agreement”). BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT. PLEASE READ CAREFULLY! TO: MAGIC OCEAN RESORT and its respective directors, officers, employees, instructors, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors, and assigns (hereinafter collectively referred to as the “Releasees”).

Step 2

ASSUMPTION OF RISKS I am aware that the activities involved with Magic Ocean Resort including but not limited to; kayaking, paddle boarding, water biking, fishing, hiking, camping, and various other outdoor activities (hereinafter collectively referred to as the “Activities”) and the use of the facilities at Magic Ocean Resort involve many risks, dangers, and hazards including, but not limited to: sudden and unexpected changes in weather conditions; exposed or falling rock, earth, ice, and other natural objects; slips, trips, and falls; variable and difficult conditions; streams, creeks, and other bodies of water; collision with equipment or structures; encounters with wild animals; overexposure to the sun, fatigue, dehydration, hypothermia, and overexertion; becoming lost or separated from one’s party; failure to act safely or within one’s own ability or to stay within designated areas; negligence of other persons; and NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, AND HAZARDS REFERRED TO ABOVE. I am also aware that the risks, dangers, and hazards referred to above exist throughout Magic Ocean Resort and that many hazards are unmarked. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS, AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.

Step 3

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT In consideration of the Releasees accepting my application for activities at Magic Ocean Resort and permitting my use of the facilities, I hereby agree as follows: 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 use of or my presence on the facilities 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. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, AND HAZARDS REFERRED TO ABOVE; TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any damage to property of or personal injury to any third party, resulting from my use of or presence on the facilities or travel beyond the resort area; 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; 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 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 upon any oral or written representations or statements made by the Releasees with respect to the safety of the Activities other than what is set forth in this Release Agreement. The Magic Ocean Resort Pass issued to the Passholder is the property of Magic Ocean Resort, is not transferable, not for resale, and is revocable for misconduct or breach of the Alpine Responsibility Code. I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS 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.

By signing below, you acknowledge that you have read and understood the Release Agreement, and agree to all the terms and conditions stated therein. Your digital signature is legally binding and serves as confirmation that you waive certain legal rights, including the right to sue or claim compensation following an accident.