R20, 2019-04-30

NOTE: Free Spirit Tours does not accept paper waivers, please submit electronically.

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE PLEASE READ CAREFULLY

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TO: FREE SPIRIT TOURS INC. and their respective owners, directors, employees, agents, volunteers, independent contractors, representatives, successors and assigns (collectively hereinafter referred to as the “RELEASEES”).

DEFINITIONS

1. In this agreement, the term “Organized Activities” shall include all activities, events or services provided, arranged, organized, conducted, sponsored orauthorized by the Releasees and shall include, but is not limited to use of tours; rock climbing; paddle boats; caving; hiking; ropes courses; cycling; travel to and from the trail head, marshalling, outfitting areas; backcountry travel; orientation and instructional courses; and other such activities, events and services in any way connected with or related to the Releasees.

2. I acknowledge that I am required to wear an approved helmet and/or other safety equipment while participating in certain Organized Activities. I am aware that there are guides or instructors available to answer any questions that I may have as to the proper use of the equipment. I am aware that the physical exertion required of Organized Activities and the forces exerted on the body can activate or aggravate pre-existing physical injuries, conditions, or congenital defects. I acknowledge that the level of participation is at all times completely up to the individual.*

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Safety Acknowledgement

ASSUMPTION OF RISKS

3. I am aware that participation in Organized Activities involves many risks, dangers and hazards including, but not limited to: changing weather conditions; changes or variations in the surface or sub-surface; exposed rock, earth, and other natural objects; variation or changes in the terrain including holes, depressions, loose gravel, rocks, mud, creeks, etc., and those which may create blind spots or areas of reduced visibility; difficult terrain including streams, creeks, cliffs, crevasses, trees, tree wells, tree stumps and forest deadfall; roads, road-banks or cut-banks; impact or collision with trees, fences, vehicles, equipment, or other natural or man-made objects; collision with other participants, instructors or spectators; the failure to remain within designated areas; encounters with wildlife; becoming lost or separated from the guides, instructors or other course participants; negligence of other participants or instructors; and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF ORGANIZED ACTIVITIES. I am also aware that the risks, dangers and hazards referred to above exist throughout the terrain and may be uncontrolled, unmarked and not inspected.
4. I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH ORGANIZED ACTIVITIES, AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM. I ALSO ACCEPT RESPONSIBILITY FOR ANY DAMAGE CAUSED BY OR AS A RESULT OF MY PARTICIPATION IN ORGANIZED ACTIVITIES.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

5. In consideration of the Releasees accepting my application to participate in Organized Activities and permitting my use of their property, premises, parking and other facilities and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree:
a) TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE RELEASEES, and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, injury including death, or expense that I may suffer, or that my next of kin may suffer, either directly or indirectly, as a result of my participation in Organized Activities and my use of the premises and facilities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACT, R.S.O. 1990, c.O.2, ON THE PART OF THE RELEASEES, AND INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS DANGERS AND HAZARDS OF ORGANIZED ACTIVITIES;
b) TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any damages & claims or demands resulting from any damages to any third party, which might be made against the Releasees resulting from my participation in Organized Activities and my use of the premises and facilities,
c) That 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;
d) That this Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario;
e) That any litigation involving the parties to this Agreement shall be brought within the Province of Ontario; and
f) In entering into the Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of Organized Activities, other than what is set forth in the Agreement.

6. I am responsible for repairing or replacement of any lost or damaged equipment.

I HAVE READ AND UNDERSTAND THIS AGREEMENT. BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE THAT I AM AGREEING TO THE FOLLOWING;

I allow Free Spirit Tours Inc., to use my photograph and or video in promotional material

Privacy Notice: Free Spirit Tours Inc. respects your privacy. Any personal information we collect is used only to develop products, services and offers, communicate with our customers and complete the transactions that ultimately deliver our products and services to you. Your personal information is not shared, without your consent, with third parties for the purpose of marketing or selling their products or services. For more information please contact freespirittours@hotmail.com.

Participant Signature

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Participant

Witness Signature

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Witness

Wed Oct 16, 2019


By checking here, you acknowledge you have read and understand the above terms, and are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.