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Waiver Form

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS & INDEMNITY AGREEMENTBY SIGNING THIS RELEASE, YOU WILL GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT. PLEASE READ CAREFULLY!

 

TO: OPTIMAL ANGLING CO., Tim Caron, its directors, officers, employees, instructors, assistant instructors, volunteers, agents, independent contractors, subcontractors, representatives, successors and assigns, and any other person connected with the Water Activities as defined below (collectively, “Optimal Angling”).In consideration of Optimal Angling allowing me to participate in any-and-all activities offered by Optimal Angling, including but not limiting to fishing, ice fishing, river or lake wading, boating, boarding or disembarking a watercraft, or consuming food or beverage prepared by Optimal Angling (the “Water Activities”), I hereby agree as follows:

 

1. I CONFIRM I have no physical restrictions impacting my participation in Water Activities, and I have sufficient insurance or personal funds to cover any loss or damage to me or others occurring during the Water Activities;

 

2. I ACKNOWLEDGE that Optimal Angling hereby advises me of the requirement for me and those under my care to wear a personal floatation device at all times when I am in or around the water;

 

3. I WAIVE any and all claims that I have or may in the future have against Optimal Angling and I RELEASE Optimal Angling from any and all liability for any loss, damage, expense or injury that I may suffer or that my next of kin may suffer as a result of my participation in Water Activities, due to any cause whatsoever, including Optimal Angling’s negligence (i.e., failure of Optimal Angling to take reasonable steps to safeguard or protect me) breach of contract, or breach of any statutory or other duty of care, including any duty of care owed under any applicable occupiers liability legislation;

 

4. I INDEMNIFY AND HOLD HARMLESS Optimal Angling from and against any and all liability for any property damage, death or personal injury to any third party resulting from my participation in Water Activities;

 

5. I CONFIRM I am not relying on any oral or written representations or statements made by Optimal Angling with respect to the safety of Water Activities;

 

6. I CONSENT to Optimal Angling using my image resulting from the Water Activities for promotional purposes;

 

7. This Release shall be binding on my heirs, next of kin, executors, administrators, assigns and representatives; and

 

8. This Release shall be governed by and interpreted solely in accordance with the laws of the Province of Alberta and within the exclusive jurisdiction of the courts in Alberta

I CONFIRM THAT I HAVE BEEN GIVEN ADEQUATE TIME TO REVIEW THIS RELEASE PRIOR TO SIGNING, THAT I HAVE READ AND UNDERSTOOD THIS RELEASE PRIOR TO SIGNING, AND I AM AWARE THAT BY SIGNING THIS RELEASE I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATOR, ASSIGNS AND REPRESENTATIVE MAY HAVE AGAINT OPTIMAL ANGLING.

 

I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH WATER ACTIVITIES, INCLUDING BUT NOT LIMITED TO DEATH, DROWNING, BODILY INJURY, SUNBURN, DEHYDRATION, HYPOTHERMIA, INSECT OR ANIMAL BITES, ENCOUNTERS WITH WILDLIFE OR SICKNESS (INCLUDING COVID-19). I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING FROM WATER ACTIVITIES

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