Rush Adventures Waiver Stand-alone


Rush Adventures Inc:/DBA TO'KI; The Ocean Kayak Institute
Waiver and Release of Liability

5449b Sooke Rd., Sooke BC. V9Z 0C8 (250) 642-2159

Participant Agreement, Release, and Acknowledgment of Risk

In consideration of the services of Rush Adventures Inc., their agents, owners, officers, volunteers participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as ‘Rush Adventures Inc.') I hereby agree to release, indemnify, and discharge Rush Adventures Inc., on behalf of myself, my parents, my heirs, assigns, personal representative and province as follows:


I. I acknowledge that sea kayaking, stand-up paddleboarding, and bike tours entail known and anticipated risks, which could result in physical or emotional injury, paralysis, death, or damage to myself; to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.


2. The risks include, among other things: boat capsize, tidal conditions and currents; travel in remote areas; exposure to the sun, strong wind, cold, storms, large waves, eddies and whirlpools, and lightning; aggressive and/or poisonous marine life; wrist, arm, shoulder, and/or back injuries, slips and falls when hiking; and rapidly changing adverse weather and water conditions.


3 Furthermore, Rush Adventures Inc. guides have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather, the elements, or the terrain. They might give inadequate warnings or instructions, and the equipment being used might malfunction.


4. I expressly agree and promise to accept and assume all of the risks existing in the activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.


5. I hereby voluntarily release, forever, discharge and agree to indemnify and hold harmless Rush Adventures Inc. from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Rush Adventures Inc. equipment or facilities, including any such Claims which allege negligent acts or omissions of Rush Adventures Inc.


6. Should Rush Adventures Inc. or anyone acting on their behalf, be required to incur lawyer’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.


7. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions, which could interfere with my safety in this activity, or else I am willing to assure- and bear the costs of – all risks that may be created, directly or indirectly, by any such condition.


8- In the event that I file a lawsuit against Rush Adventures Inc. I agree to do so solely in the province of British Columbia, and I further agree that the substantive law of that province shall apply in that action without regard to the conflict of law rules of that province. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall be in full force and effect.


9. Any participants in Kayak Polo are aware of the dangers of the sport and choose to play at their own risk.


10. I allow Rush Adventures to use any photos or videos taken on tours for marketing or social media purposes. Initial here  


By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my rights to maintain a lawsuit against Rush Adventures Inc. on the basis of any claim from which I have released them herein.


I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.

 




 

PARENT'S OR GUARDIAN’S ADDITIONAL INDEMNIFICATION (Must be completed for participants Under the age of 19)


In consideration of (print minor’s name) (“Minor”) being permitted by Rush Adventures Inc. to participate in its activities and to use its equipment and facilities. I further agree to indemnify and hold harmless Rush Adventures Inc. from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use of participation by Minor.


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Signature Certificate
Document name: Rush Adventures Waiver Stand-alone
lock iconUnique Document ID: 748dd8cb6e10bbc6c95d5fd6af35d9266828c161
Timestamp Audit
July 8, 2021 2:08 pm PDTRush Adventures Waiver Stand-alone Uploaded by Rush Adventures - rushadventures@shaw.ca IP 24.68.226.53