RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT

WARNING: BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE AND RECOVER DAMAGES IN CASE OF INJURY, PERMANENT DISABILITY, DEATH, OR PROPERTY DAMAGE FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF FAREWELL HARBOUR LODGE LTD., ITS OFFICERS, DIRECTORS, EMPLOYEES, GUIDES, CONTRACTORS, REPRESENTATIVES, AFFILIATED COMPANIES (INCLUDING BLC CANADA BERRY ISLAND LTD.), SUCCESSORS, ASSIGNS, GUESTS and AGENTS (collectively the “Releasees”).

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING

To: FAREWELL HARBOUR LODGE LTD., doing business as BERRY ISLAND WILDERNESS LODGE (the “Operator”).

(the “Minor Participant”)

1. In this Agreement, the term “Adventure Activities” includes, but is not limited to, kayaking, hiking, wildlife viewing, boating other than kayaking, all activities, services and use of facilities, use of equipment or infrastructure, orientation, instruction, transportation, accommodation, or provision of food or drink, including water supply, regardless of whether provided by the Operator or provided by a third-party service-provider arranged or retained by the Operator.

ASSUMPTION OF RISKS

2. By signing this Agreement, you agree for yourself and on behalf of the Minor Participant, that you are aware that participating in the Adventure Activities involves many serious dangers and risks inherent in the nature of the Adventure Activities, including but not limited to:

  1. inclement weather including, but not limited to, heat, cold, wind, rain, lightning, ultraviolet radiation and any manner of sudden unexpected changes in the weather;

  2. ocean currents, collisions with exposed and unexposed hazards including vessels, rocks, reefs, and submerged objects, including logs or branches, wild animals, marine or terrestrial, which may injure, kill or frighten humans, including but not limited to sea lions, whales, bears, and wolves, and biting insects and ticks which may carry diseases;

  3. hypothermia, hyperthermia (whether due to weather conditions, exertion, use of hot tubs and saunas or other causes), dehydration, drowning, starving, slipping and falling, falling objects, and suffering any type of injury, including but not limited to, scrapes, bruises, lacerations, fractures, penetrating wounds and including illness in remote areas with poor communications and without easy or rapid access for rescue or medical assistance;

  4. human error or equipment failure, including complete failure of any equipment, including but not limited to kayaks or communication equipment provided by the Releasees, or the Minor Participant’s inexperience;

  5. steep and slippery terrain, obstacles, water bodies, ladders, bridges and other hazards which may cause injury or death, particularly as a result of falling or slipping;

  6. accident, loss of baggage or other property, malfunction or human error involving transportation including but not limited to motor vehicles, watercrafts (such as ferries, water taxies, kayaks and boat shuttles, aircraft and bicycles) whether provided by the Operator, or provided by a third-party provider retained or arranged by the Operator;

  7. exposure to infectious disease agents, including but not limited to COVID-19, food and water poisoning, and other illnesses; and

  8. NEGLIGENCE OF THE RELEASEES, INCLUDING FAILURE OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT THE MINOR PARTICIPANT FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ADVENTURE ACTIVITIES. 

I FREELY ACCEPT AND FULLY ASSUME, FOR MYSELF AND FOR THE MINOR PARTICIPANT ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.

3. I further acknowledge, confirm and agree that:

  1. The physical demands of the Adventure Activities require that participants are medically, physically and emotionally fit and that the Minor Participant does not have any medical conditions or other needs other than those previously disclosed to the Operator. I agree to inform the Operator if there are any changes to the Minor Participant's health or medical information after signing this document;

  2. The ocean is unpredictable and unseen underwater currents and other hazards exist. The Adventure Activities may require walking, or carrying one or more kayaks, personal belongings or supplies, over uneven, rocky and slippery ground. The Minor Participant may need to walk on slippery or uneven boardwalks, wharfs, docks, stairs or trails, any of which may present a falling and injury hazard;

  3. I am aware of the risks, dangers and hazards associated with the Adventure Activities and I freely accept for myself the Minor Participant and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property damage, and loss resulting therefrom, including, but not limited to non-scheduled or emergency evacuation, rescue or first aid. All expenses associated with non-scheduled or emergency evacuation, rescue or first aid will be my sole responsibility and I AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASEES FROM AND AGAINST ANY COSTS RELATING TO EVACUATION OR SEARCH AND RESCUE UNDERTAKEN FOR THE MINOR PARTICIPANT;

  4. I consent to the Minor Participant's transportation to any medical facility or hospital and authorize any qualified guide or medical personnel to render necessary emergency medical care for the Minor Participant;

  5. The use of a personal flotation device and any other equipment required by the Releasees is mandatory while participating in any Adventure Activities on the water;

  6. The Releasees do not control any third-party service providers, and none of the Releasees are responsible or liable for any loss or damage caused by any third-party service provider regardless of whether such third-party services were arranged by one or more of the Releasees or by the Minor Participant's parent or guardian. I understand that I am responsible for ensuring that the Minor Participant abides by any terms and conditions imposed by a third-party service provider in respect of services I will receive; and

  7. If any of the Releasees attend or participate in any Adventure Activities with the Minor Participant, they are doing so strictly in their capacity as a Releasee and not in any personal capacity. I further acknowledge, confirm and agree that this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement will apply to any such participation or attendance; and

  8. I have discussed the risks of the Adventure Activities with the Minor Participant and acknowledge it is my responsibility to ensure the Minor Participant follows all directions and guidelines in participating in the Adventure Activities. I confirm I am the Minor Participant’s parent or legal guardian.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

4. In consideration of the Minor Participant’s participation in any Adventure Activities organized, facilitated or provided by the Operator and for other good and valuable consideration, I hereby agree as follows:

  1. TO WAIVE, RELEASE, SAVE HARMLESS AND INDEMNIFY THE RELEASEESfrom all claims, actions, costs, expenses, and demands of any nature or kind whatsoever that me or the Minor Participant’s next of kin have or may have in the future in respect of death or injury, loss or damage to the Minor Participant’s person or property arising out of, or in connection with the Minor Participant’s participation in the Adventure Activities or while travelling to or from the Adventure Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING ANY ACT OR FAILURE TO ACT ON THE PART OF THE RELEASEES, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER ANY OCCUPIERS LIABILITY LEGISLATION, AND FURTHER INCLUDING ANY FAILURE OF THE RELEASEES TO REASONABLY SAFEGUARD OR PROTECT THE MINOR PARTICIPANT FROM ANY RISKS, DANGERS OR HAZARDS ASSOCIATED WITH THE ADVENTURE ACTIVITIES. THIS COVENANT OF INDEMNITY SHALL EXPRESSLY APPLY TO ANY EXPENSES INCURRED BY, CLAIMS MADE OR LIABILITIES ASSESSED AGAINST THE RELEASEES WHERE A MINOR PARTICIPANT OR SOMEONE ELSE ON HIS OR HER BEHALF LATER BRINGS AN ACTION OR CLAIM AGAINST ONE OR MORE OF THE RELEASEES.

  2. To hold harmless and indemnify the Releasees from all liability for property damage or personal injury to any third party resulting from the Minor Participant’s participation in the Adventure Activities;

  3. I am not relying on any oral or written statements or representations made by any of the Releasees, including in brochures, advertisements, online or in conversation to lead the Minor Participant to become involved in the Adventure Activities on any basis other than that of my assumption of the risks involved; and

  4. I hereby irrevocably submit to the exclusive jurisdiction of the courts of British Columbia. I agree that no other courts can exercise jurisdiction over the agreements and claims referred to herein and that any litigation to enforce this agreement shall be instituted in the province of British Columbia, Canada and nowhere else.

I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT BEFORE PERMITTING THE MINOR PARTICIPANT TO PARTICIPATE IN ANY ADVENTURE ACTIVITIES 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.