Policy & Waiver of Liability
Release of Liability, Waiver of Claims and Assumption of Risks
In consideration of Newfie Nautical Tours, Tiller Marine, Jack Matthews Marine Service Ltd., an Ontario corporation, collectively, the “Company” permitting the individual (“I” or “me”) to participate in various activities relating to stand-up paddleboard (SUP) and kayak, including but not limited to SUP/kayak experiences, events, and tours, SUP/kayak rentals, SUP/kayak lessons, SUP/kayak group paddles and socials (collectively, the “Activities”), and for other good and valuable consideration, I agree to all the terms and conditions set forth in this Agreement. My attendance at/to any of the Activities is a full acknowledgement of this Agreement, which may change from time to time.
Assumptions of Risks
I am aware and understand that the Activities involve many risks, dangers, and hazards, including but not limited to the risk of serious injury, death or property damage. I acknowledge that I am voluntarily participating in the Activities. I freely accept and fully assume any and all of the risks, dangers and hazards involved and the possibility of injury, death, or property damage, whether caused by the negligence of the Company or otherwise.
I hereby expressly waive and release any and all claims which I have or may in the future have against the Company and its affiliates, respective directors, officers, employees, agents, representatives, shareholders, successors and assigns (collectively, “Releasees”), on account of injury, death or property damage arising out of or attributable to my participation in the Activities, due to any cause whatsoever, including without limitation the negligence of the Company or any other of the Releasees, breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee and forever release and discharge the Company and all other Releasees from liability under such claims.
I hereby grant the Company and any other of the Releasees, on my behalf and on behalf of my heirs, executors, administrators and next-of-kin, the irrevocable right and permission to photograph and/or record me in connection with the Activities and to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I waive any right to inspect or approve the use of the photograph and/or recording and acknowledge and agree that the rights granted to this release are without compensation of any kind.
I consent to receiving email, text messages, and phone calls for marketing purposes, including but not limited to product updates, promotions, and special offers. I understand that I can opt out of receiving these communications at any time by following the unsubscribe instructions provided in each communication or by contacting the Company.
This Agreement constitutes the entire agreement with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall enure to the benefit of me and my heirs, executors, administrators and next-of-kin, and the Company and any other of the Releasees. This Agreement shall be governed by and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of Ontario, and I hereby consent to the exclusive jurisdiction of such courts.
By attending any Activity, I acknowledge that I have read and understood all the terms of this Agreement and that I am voluntarily waiving substantial legal rights (on my behalf and on behalf of my heirs, executors, administrators and next-of-kin), including the right to sue the Company and any other of the Releasees.
I certify that:
I can swim at least fifty (50) meters unassisted.
I will use the appropriate safety equipment for my skill level, activity, and as required by Transport Canada.
I have disclosed any allergies or medical conditions that may be relevant to my participation.
Full Name: ________________________________ Date of Birth: _______________________
Signature: _______________________________ Date: ____________________
Email: ____________________________________ Phone: ____________________
Emergency Contact Name: _________________________ Phone: ___________________