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”).

I (the “Participant”), the undersigned Participant, hereby acknowledge and agree that:

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. I am 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;

  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 ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ADVENTURE ACTIVITIES. 

I FREELY ACCEPT AND FULLY ASSUME, FOR MYSELF 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 I do 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 my 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. I 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 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 MY BENEFIT;

  4. I consent to transportation to any medical facility or hospital and authorize any qualified guide or medical personnel to render necessary emergency medical care for myself;

  5. Possession or consumption of any drugs or alcohol, whether legal or illegal, which may have the effect of altering a participant’s physical or mental abilities, coordination, response time or decision making, is not permitted prior to or during the Adventure Activities;

  6. 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;

  7. 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 Participant. I understand that I am responsible for ensuring that I abide by any terms and conditions imposed by a third-party service provider in respect of services I will receive; and

  8. If any of the Releasees attend or participate in any Adventure Activities with me, 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.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

4. In consideration for my 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 RELEASEES from all claims, actions, costs, expenses, and demands of any nature or kind whatsoever that me or my next of kin have or may have in the future in respect of death or injury, loss or damage to my person or property arising out of, or in connection with my 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 ME FROM ANY RISKS, DANGERS OR HAZARDS ASSOCIATED WITH THE ADVENTURE ACTIVITIES.

  2. to hold harmless and indemnify the Releasees from all liability for property damage or personal injury to any third party resulting from my 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 me 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 PARTICIPATING 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.