ASSUMPTION OF RISKS
I am aware that the use of cabin accommodations and facilities at WILDLINGS RESORT and participating in the activities offered at the Resort including but not limited to horseback riding, kayaking, canoeing, skeet shooting, pheasant shooting, bike riding, mountain biking, use of the trampoline, hiking, salt water fishing, fresh water fishing, whale watching, bear watching, any guided or unguided tours (hereinafter collectively referred to as the “Activities”) involve many risks, dangers and hazards including, but not limited to: exposed rock, earth, and other natural objects; obstacles; uneven terrain; slippery terrain; unstable ground; falling rocks; changing environmental and weather conditions; crevasses; cliffs; trees, tree wells, tree stumps, and forest dead fall; variations in terrain which may create blind spots or reduced visibility; falling off, being bucked off, kicked, stepped on, trapped under, bitten or otherwise injured by a horse; horseback riding gear; oceans, changing ocean conditions, and ocean currents; drowning; falling off a vessel into the water; overturning of a vessel in the water; becoming trapped under or struck by a vessel; being struck by an oar; faulty, inappropriate or inadequate equipment or gear; being hit by a skeet or portion of a skeet; guns; discharging of guns; improperly loaded guns; stray bullets; falling off a bike; variable and difficult trail conditions; streams and creeks; collision with fences, trees, rocks, and other objects; collision with vehicles, equipment or structures; collision with other persons; collision with animals; falling off a trampoline; landing improperly on a trampoline; getting caught in the springs of a trampoline; fishing hooks, fishing line, fishing poles, and other fishing gear; wild and/or poisonous plants, animals, and insects; travel by floatplane, airplane, helicopter, zodiac, or other means of mechanized travel; hot oil and other cooking substances; stoves and ovens; hot cookware and utensils; allergic reactions; the failure to act safely or within one’s own ability or to stay within designated areas; negligence of other persons participating in the Activities; and NEGLIGENCE ON THE PART OF WILDLINGS RESORT OR ITS STAFF, INCLUDING THE FAILURE ON THE PART OF WILDLINGS RESORT OR ITS STAFF TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES.
I am also aware that the risks, dangers and hazards referred to above exist throughout the Resort and may be encountered while using the accommodations and facilities at the Resort and while participating in the Activities and many are unmarked.
I confirm that I do not have any medical condition(s) which would prevent me from participating in the activities.
I am aware of the risks, dangers and hazards associated with the activities and with the use of the accommodations and facilities at the resort 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.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of Wildlings Resort permitting me to use the accommodations and facilities at the Resort and permitting me to take part in the Activities, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future against Wildlings Resort, and its directors, officers, employees, agents, representatives, sponsors, successors, and assigns (all of whom are hereinafter collectively referred to as 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 resulting from either my use of or my presence on the Resort, my participation in the Activities, or travel beyond the designated areas, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE ON THE PART OF THE RELEASEES, AND ALSO INCLUDING THE FAILURE ON THE PART OF THE RELEASESS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES REFERRED TO ABOVE;
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property of or personal injury to any third party, resulting from my use of or presence on the Resort;
3. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns, and representatives, in the event of my death or incapacity;
4. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction;
5. Any litigation involving the parties to this Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia; and
6. In entering into this Agreement I am not relying upon any oral or written representations or statements made by the Releasees with respect to the safety of the activities other than what is set forth in this Agreement.