BY SUBMITTING THIS FORM, YOU AGREE TO THE FOLLOWING (PLEASE READ FULLY):
WAIVER AND CLAIMS, RELEASE FROM LIABILITY AND ASSUMPTION OF RISKS FOR THE PADDLING SEASON AND EVENTS OF 2018
To: Toronto Sailing and Canoe Club Outrigger members and event competitor guests :
IN CONSIDERATION of the rights and privileges in the TSCC and being permitted to use the TSCC and the Outrigger Canoes and other associated canoes which are located there, and to participate in the paddling, training, coaching, racing and other event activities of the TSCC including the various Toronto International Outrigger Challenge races (collectively the Activities),
1) I acknowledge that the activities involve risk, dangers and hazards inherent in canoeing, kayaking and associated outdoor water sports (the Inherent Risks). And further acknowledge that in addition to the inherent risk the Activities involve certain additional risks, dangers, and hazards, some of which may include (but are not limited to): 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, collision with natural and man-made objects, including rocks and other boats, and equipment malfunction or failure (collectively the Additional Risks).
2) I acknowledge that the enjoyment and excitement of my participation in the activities is derived, in part from the Inherent Risks and the Additional Risks and I agree to freely accept and fully assume all risk of personal injury, death, property damage or less, resulting from any cause whatsoever, including but not limited to the Inherent Risks and the Additional Risks and 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 or City or any members of the Toronto International Outrigger Challenge Race Committee (the “Race Committee”) . For greater certainly and without limiting the foregoing, I acknowledge that I use the equipment and facilities of the TSCC and the City of Toronto with understanding of the nature, condition and state thereof and entirely at my own risk and acknowledge that I am solely responsible for the safety of my person and property and that the Club and the City assume no responsibility whatsoever for the safety of my person or property in connection with the Activities.
3) I waive any and all claims I many now and in the future have against and release and forever discharge from liability and agree not sue the Club and the City and the Race Committee for any personal injury, death, property damage or less sustained by me as a result of my participation in the Activities due to any cause whatsoever, including but not limited 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 or City or Race Committee.
4) I agree to save harmless and indemnify the Club and City and the Race Committee from and against any and all liability for any personal injury, death, property damage or less to any third party, resulting from my participation in the Activities or in the operation of the TSCC.
5) 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 and the City and the Race Committee from any and all liability in respect of any and all such costs.
6) If any equipment or facility is damaged or lost I agree that I may be held responsible for some or all of the insurance deductible payable. If insurances 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 lost equipment.
7) I acknowledge that in signing this waiver and release I am not relying on any oral, written or visual representations or statements made by the Club or the City or the Race Committee.
8) I agree that this Waiver and Release shall in all respects be governed by and interpreted in accordance with the laws of the province of Ontario.
I confirm that I am of the full age of 19 years and I have read this Waiver and Release understood its contents and accept its terms.