Sports Equipment Rental Liability Waiver

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 Inc., and its employees, instructors, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors, and assigns (hereinafter collectively referred to as the “Releasees”).

I am aware that renting and using sports equipment including, but not limited to, kayaks, BBQ boats, water bikes, stand-up boards, and electric bikes (hereinafter collectively referred to as the “Activities”) involve many risks, dangers, and hazards, including, but not limited to: equipment failure; changing weather conditions; water hazards; collisions with objects or persons; falls from equipment; 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 of the Activities. I freely accept and fully assume all such risks, dangers, and hazards, and the possibility of personal injury, death, property damage, and loss resulting therefrom.

In consideration of the Releasees permitting my use of the sports equipment and associated 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 the equipment or participation in the 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 under the Occupiers Liability Act, R.S.B.C. 1996, c.337 on the part of the Releasees. 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 the equipment or participation in the Activities. This 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 agreement and any rights, duties, and obligations as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of the Province of [Your Province] and no other jurisdiction. Any litigation involving the parties to this agreement shall be brought solely within the Province of [Your Province], and shall be within the exclusive jurisdiction of the Courts of the Province of [Your Province]. I HAVE READ AND UNDERSTAND THIS 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.