WAIVER OF CLAIMS, RELEASE FROM LIABILITY AND ASSUMPTION OF RISKS

PLEASE READ CAREFULLY: YOUR ABILITY TO ACCESS THE CLUB (AS HEREINAFTER DEFINED) AND USE ANY CLUB EQUIPMENT WILL NOT BE CONSIDERED UNLESS THESE TERMS ARE ACCEPTED. BY ACCEPTING YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

TO: Kelowna Outrigger Racing Canoe Club Association, doing business as the Kelowna Paddle Centre (“KPC”) and its respective directors, officers, members, agents, officials, organizers, volunteers and other representatives (collectively, the “Club”);

IN CONSIDERATION of the Club granting to the undersigned the rights and privileges of membership in the KPC and being permitted to use the KPC equipment and facilities and to participate in the paddling, training, coaching, racing, operational and other activities of the KPC (collectively, the “Activities”), the undersigned agrees as follows:

I agree to abide by the rules and regulations established by the Club from time to time applicable to the Activities, including, without limitation, the wearing of a personal floatation device (PFD) if required. During my participation in the Activities, I agree to act responsibly with a view to preserving my own safety and the safety of other participants.
I acknowledge that the Activities involve risks, dangers and hazards inherent in paddling and associated outdoor water sports, and further acknowledge that in addition to these inherent risks, the Activities involve certain additional risks, dangers and hazards, some of which may include, without limitation: physical exertion for which I may not be prepared; weather extremes, including sudden and unexpected changes; dangerous water conditions, including cold water and movement, waves, currents, rapids and white water; immersion in cold water; hypothermia; underwater entrapment; collision with natural and man-made objects, including rocks, docks and other boats; slippery docks; equipment malfunction or failure; and delay or inability for rescue or medical treatment in a timely manner (collectively, the “Risks”).
I acknowledge that the enjoyment of my participation in the Activities is derived, in part from the Risks, and I agree to freely accept and fully assume all risks of personal injury, death or property damage or loss,\ resulting from any cause whatsoever, including but not limited to, the Risks, active or passive negligence, imprudence, lack of skill, error of judgment, breach of contract or breach of statutory duty of care on the part of the Club. For greater certainty and without limiting the foregoing, I acknowledge that I use the equipment and facilities of the KPC without notice of the nature, condition and state thereof, and entirely at my own risk, and I acknowledge that I am solely responsible for the safety of my person and property and that the Club assumes no responsibility whatsoever for the safety of my person or property in connection with the Activities.
I hereby waive, release and forever discharge the Club from, and agree not to sue the Club in respect of, any and all damages, losses, liabilities, claims, costs and expenses (including legal fees) of any kind whatsoever and howsoever arising (including, without limitation, in respect of death, injury, loss or damage to any person or property, or any other loss or damage) that I or my heirs or next-of-kin may suffer or incur, or allege to suffer or incur, arising in any way out of my participation in the Activities due to any cause whatsoever, including without limitation, active or passive negligence, imprudence, lack of skill, error of judgment, breach of contract or breach of statutory duty of care on the part of the Club.
I agree to save harmless and indemnify the Club from and against any and all liability for any personal injury, death, property damage or loss to any third party, resulting from my participation in the Activities or in the operation of the KPC. I agree that I am responsible for all costs of rescue or medical attention rendered to me or for my benefit, arising from the Activities and I agree to indemnify the Club from any and all liability in respect of any and all such costs. If I damage or lose any equipment of the Club or damage any facility of the Club, I agree that I may be held responsible for some or all of the insurance deductible payable. If insurance does not cover the damage or loss, then I agree that I may be held responsible for the cost of repairing the damage or replacing the equipment, and I agree to compensate the Club within thirty (30) days of receiving notice of such costs from the Club.
I grant full permission to the Club to use my name and/or likeness, and/or any photographs, video clips, motion pictures, recordings, or any other record of my Club membership or participation in the Activities, of me, for any legitimate purpose as determined by the Club, without any compensation to me. I further authorize the Club to collect and use personal information about me or my child/ward for the purpose of receiving communications (emails, newsletters, publications, announcements, invitations and other news or information) from the Club and posting articles of interest, newsletters, promotions, statistics, images and results on the Club’s website and other social media. This consent is provided in compliance with the Personal Information Protection Act and the Canadian Anti-Spam Legislation. I understand that I may withdraw such consent at any time by contacting the Club directly.
If I am unable to consent at the time due to injury or illness, I hereby consent to the administration of first aid and other emergency medical treatment for such injury or illness that occurs while participating in the Activities or while at the KPC. Further, I hereby release and forever discharge the Club from any claim whatsoever which arises or may hereafter arise on account of any first-aid treatment or other medical services rendered as contemplated hereunder.
This Agreement shall be binding on my heirs, next-of-kin, executors, administrators, assigns and representatives in the event of my death or incapacity. If any provision of this Agreement is held invalid or unenforceable, it will be severed from this Agreement and will not affect the validity or enforceability of the remaining provisions of this Agreement. This Agreement sets out the entire agreement between the parties regarding the subject matter hereof and may not be amended. This Agreement and its application and interpretation will be governed exclusively by the laws of British Columbia applicable and the parties agree to the jurisdiction of the courts of the Province of British Columbia.

I CONFIRM THAT I AM AT AN AGE OF LEGAL CONSENT, THAT I HAVE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT AND THAT BY ACCEPTING THESE TERMS I AM GIVING UP CERTAIN LEGAL RIGHTS THAT I OR MY LEGAL REPRESENTATIVES MAY HAVE AGAINST THE CLUB.

PRIVACY: KPC is committed to protecting the privacy of individuals whose personal information is collected and held in our databases as a necessary part of becoming a member or participating in the Activities. We recognize our legal obligations to protect the confidential information of our members, subscribers, program participants, and others who provide us with their personal information. We have therefore made arrangements to secure the data against the unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction of personal information. The information being collected for this agreement is for use only by KPC for the purposes of managing membership, the facilities and coordinating the Activities.

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