Waiver of Liability - Bouncy Castle
C.W. Royalty Group Inc. | Royal Duck Inflatables Inc.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, BY SIGNING THIS AGREEMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF THE OCCUPIERS’ LIABILITY ACT OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY!
In consideration of the services of C.W. Royalty Group Inc., C.W. Group Holding Inc., Royal Duck Inflatables Inc., their agents,
owners, officers, volunteers, participants, employees, and all other persons and
entities acting in any capacity on their behalf (hereinafter collectively referred
to as C.W. Marine & Powersports), I hereby agree to release, indemnify, and
discharge C.W. Marine & Powersports on behalf of myself, my spouse, my
children, my parents, my heirs, assigns, personal representative and estate as
follows:
1. I acknowledge that participating in the activities of C.W. Marine & Powersports involves known and unanticipated risks that could result in physical or
emotional injury, paralysis, death, or damage to myself, property, or third
parties. I understand that such risks cannot be eliminated without jeopardizing
the essential qualities of the activity. I relinquish my right to sue in the case of
injury or death due to an honest mistake or negligence by the company or its
employees. The risks include, among others: slips, falls, head injuries, being
struck by equipment or other participants; forces of nature (weather extremes,
lightning); sun exposure, heat stroke, strong wind, cold; collisions with objects/other participants, entrapment; insect bites; travel/illness in remote areas; arm/shoulder/back injuries; my own physical condition; and physical exertion. C.W. Marine & Powersports employees seek safety but are not infallible. They may misjudge a participant’s fitness, abilities, weather, or conditions; give incomplete warnings; or experience equipment malfunction.
2. I understand that any photograph, sound recording, motion picture, or
video taken of me under this assignment is for the sole purpose of collecting
and or representing factual information in the interest of serving the good
work of C.W. Marine & Powersports in education, public good.
I hereby assign to C.W. Marine & Powersports, all rights title, and interest,
including copyright, in and to any and all such photographs, sound
recordings, motion pictures, or videos, and I hereby irrevocably authorize C.W.
Marine & Powersports, its officers, agents, and employees, without
limitation, to reproduce, copy, sell, exhibit, publish, or sound recordings,
motion pictures, or videos in perpetuity for the purposes expressed above.
I Further release and forever discharge C.W. Marine & Powersports, its
officers, agents, and employees from any and all claims and demands arising
out of or in connection with the use of said photographs, sound recordings,
motion pictures, or videos, including but not limited to any and all claims for
invasion of privacy, defamation, or infringement of copyright. By signing
below, l acknowledge that I have freely and voluntarily entered into this
agreement.
3. I expressly agree and promise to accept and assume all risks existing in this
this activity. My participation in the activity is purely voluntary and I elect to
participate in spite of hidden risks.
4. I hereby voluntarily release, forever discharge and agree to indemnify and
hold harmless C.W. Marine & Powersports, from any and all claims,
demands, or causes of action which are in any way connected with my
participation in this activity or my use of C.W. Marine & Powersports equipment, or facilities, including any such claims which includes negligent acts or omission of C.W. Marine & Powersports.
5. Should C.W. Marine & Powersports or anyone acting on their behalf, be
required to incur attorney’s fees and costs to enforce this agreement, I agree
to indemnify and hold them harmless for all such fees and costs.
6. I certify I have adequate insurance to cover injury or damage I cause or
suffer while participating, or else I agree to bear the cost of such injury or
damage myself. I further certify that I am willing to assume all risks of any
medical or physical condition(s) I may have. I assume full responsibility for any
loss of personal property (camera, glasses, shoes, watches, etc..) and any costs
associated with said loss.
7. In the event that I file a lawsuit against C.W. Marine & Powersports, I
agree to do so solely in the Province of Ontario, Canada, and I further agree
that the substantive law of the province shall apply in that action without
regard to the conflict of law rule of that province. I agree that if anyone is hurt
or property is damaged during my participation in the activity, I may be found
by a court of law to have waived my right to maintain a lawsuit against C.W.
Marine & Powersports, on the basis of any claim from which I Have released
them herein. I have had sufficient opportunity to read this entire document. I
have read and understood it, and I agree to be bound by its terms.
8. For subjects under 18 years of age: I hereby certify that I am the parent or
guardian of the person named above, and I do hereby give my consent
without reservation to the foregoing on behalf of him or her.
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