BY SIGNING THIS AGREEMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
PLEASE READ CAREFULLY
To: BBR Management Inc. (“BBR”) and Blind Bay Resort
In consideration of BBR permitting me to access and use the accommodations, roads, marina and recreational facilities located at Blind Bay Resort, 2698 Blind Bay Road, Blind Bay, British Columbia including, without limitation, any cottage, RV, PMRV, apartment, site or campsite (the "Accommodations") and/or use any facilities including without limitation the roads, stairs, entrances and exits, pool, gym, patios, seating areas, playgrounds, green spaces, parking, walkways, laundromat, washrooms and rec room (the “Recreational Facilities”) and/or the use of any equipment made available for rent or otherwise by BBR including, without limitation, kayaks, paddle boards, canoes, sporting goods, games, weights, fitness equipment, and rental products (the “Recreational Equipment”), and/or use waterfront facilities including without limitation the marina, walkway, Shuswap lake and beach (the "Marina") I hereby agree as follows:
- I am aware that accessing and using the Accommodations, Facilities, Services, Marina, Recreational Facilities and/ or Recreational Equipment involves many risks and dangers.
- I understand that KNOWN AND UNKNOWN RISKS AND DANGERS associated with my accessing and/or using the Accommodations, Facilities, Services, Marina, Recreational Facilities and Recreational Equipment may result in personal injury, death, property damage or loss to myself or others accessing and/or using the Marina, Recreational Facilities and/or Recreational Equipment.
- I understand as well that personal injury, death, property damage or loss may be caused or contributed to by the NEGLIGENCE OR CARELESSNESS of others.
- 1. I assume and accept, WITHOUT QUALIFICATION, WITHOUT LIMITATION, ALL RISKS AND DANGERS associated with my access to and/or use of the Accommodations, Marina, Recreational Facilities and/or Recreational Equipment.
- I have satisfied myself that I am PHYSICALLY, EMOTIONALLY AND MENTALLY ABLE to access and/or use the Accommodations, Marina, Recreational Facilities and/or Recreational Equipment and that my attire and my personal property, if any, is safe, suitable, and sufficient in all of the relevant circumstances.
- I understand that there is no lifeguard on duty and no other form of supervision provided by BBR with respect to the Marina, Recreational Facilities and/or Recreational Equipment and that it is up to me to determine what, if any, safety equipment is required with respect to my access to and use of the Accommodations, Marina, Recreational Facilities and/or Recreational Equipment including, without limitation, life jackets and personal flotation devices.
- I accept and assume FULL RESPONSIBILITY for making myself aware of and understanding and following the laws, regulations, rules, policies and safe practices associated with accessing and/or using the Accommodations, Marina, Recreational Facilities and Recreational Equipment and I accept that full responsibility for my personal safety rests with me at all times. I acknowledge and agree that BBR has the right to immediately discontinue my access and/or use of the Accommodations, Marina, Recreational Facilities and/or Recreational Equipment without warning or notice, at my sole expense without any entitlement to a refund or any other form of compensation, if I fail to follow the laws, regulations, rules, policies and safe practices associated with the Accommodations, Marina, Recreational Facilities and Recreational Equipment, as determined in the sole discretion of BBR.
- I will immediately cease use of the Accommodations, Marina, Recreational Facilities and/or Recreational Equipment and notify the nearest representative of BBR, if at any time during my accessing or using the Accommodations, Marina, Recreational Facilities and/or Recreational Equipment I sense or observe any unusual hazard or unsafe condition or if there is any change in my physical, mental or emotional fitness for continued access to or use of the Recreational Facilities and/or Recreational Equipment.
- I RELEASE, WAIVE AND FULLY DISCHARGE BBR and its directors, employees, agents and representatives, and any other person, organization or entity which owns, services, or otherwise relates to the Accommodations, the Marina, the Recreational Facilities and/or Recreational Equipment and Blind Bay Resort, including without limitation Jaydan Ventures Inc., Strata Plan KAS3359 (all of whom are collectively referred to elsewhere in this document as the “Releasees”), from any and all claims, demands, obligations and liabilities of any kind or nature whatsoever arising from or connected, directly or indirectly, with my access to or use of the Accommodations, the Marina, Recreational Facilities and/or Recreational Equipment due to any cause whatsoever, including NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT AND BREACH OF ANY STATUTORY DUTY OR OTHER DUTY, and I accept that this release covers and includes, but is not limited to, all unknown and unforeseen claims, injuries, damages and losses, and any consequences therefor.
I acknowledge and agree that my consent to the terms set forth above is material inducement for BBR to permit me to access and/or use the Accommodations, Marina, Facilities, Services, Recreational Facilities and/or Recreational Equipment, and BBR would not do so in the absence of my consent as evidenced by my signature below.
I have taken sufficient time to read this release of liability, waiver of claims, assumption of risks and have chosen to sign it freely and voluntarily without inducement, assurance or guarantee being made to me. I intend my signature to be complete and unconditional release of all liability, including any negligence of BBR to the greatest extent allowed by law.
DATE: {sign_date}
NAME: {name}
SIGNATURE: