Read the waiver document and then sign indicating your agreement to the terms.
Liability Waiver and Assumption of Risk
I, as the parent or guardian of the participant named above, understand and
hereby agree that rowing, sailing, cannon and musket demonstrations on a
traditional open longboat on the water (all of which are the “Activities”)
involve certain risks and dangers incidental thereto. There are inherent risks
to sailing and rowing. Sailing involves harnessing unpredictable wind forces. Rowers
do not face the direction in which they are rowing. A traditional, open
longboat can be unstable and is not designed to handle rough water conditions. Cannons
firing blank black powder charges can explode or cause fires. Other undefined
risks may arise from being on a boat in open water.
Specific risks inherent in the Activities include,
but are not limited to, injury from collision with another vessel or stationary
objects, capsizing, person overboard, fire, explosion, malfunctioning of
equipment or rigging, seasickness, and/or drowning. Â Such risks are increased when the air or water
temperature is low creating the risk of hypothermia. The physical exertion of
rowing and sailing can result in injury or death.
I acknowledge that while the Directors and crew of
HMS Psyche Canadian Maritime Heritage Society (“Psyche”) take every precaution
to reduce and eliminate these risks through training, experience, inspections,
maintenance, and state of good repair of equipment, Psyche is unable to provide
the Activities completely risk-free.
I further agree and acknowledge that:
·
I have received the safety orientation and assume responsibility for identifying
my safety concerns before getting on the boat;
·
I am responsible for being medically fit to engage in the Activities of
rowing and sailing, and I confirm that I can swim and that am in good health
and do not suffer from a heart condition or other ailment that could be
exacerbated by the exertion involved in the Activities;
·
I agree to be bound by rules and instructions issued by the skipper and
crew of Psyche;
·
In spite of and fully understanding such risks and any other risks not
expressly stated, I wish to participate in the Activities on board the boat and
hereby assume all the risks of doing so.
In consideration of Psyche agreeing to allow me to
participate in the Activities, I hereby agree to not hold Psyche, its
Directors, officers, employees, agents, crew, and representatives and in
addition the Port Credit Yacht Club, its Directors, officers, employees,
agents, and representatives (all of whom are herein after referred to as the
“Releasees”) liable for my personal injury, death and/or property loss, and;
TO WAIVE ANY AND ALL CLAIMS THAT I HAVE OR MAY HAVE
IN THE FUTURE 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 participation in
the Activities, due to any cause whatsoever, including NEGLIGENCE, BREACH OF
CONTRACT, BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE INCLUDING ANY DUTY OF
CARE UNDER THE OCCUPIERS LIABILITY ACT ON THE PART OF THE RELEASEES AND
FURTHER, INCLUDING FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD AND
PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES REFERRED TO
ABOVE.
I agree to hold harmless and to indemnify the
Releasees from any and all liability for any property damage or personal injury
to any third party resulting from my participation in the Activities. I agree
that this agreement shall be binding upon my heirs, next of kin, executors,
administrators and assigns in the event of my death. In entering into this agreement I am not relying on any oral or written
representation or statements made by the Releasees with respect to the safety
of the Activities other than as set forth in this agreement.
I have read and understood 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 and assigns may have
against the Releasees.
