Culinary Adventure Liability Waiver


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 OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT.

PLEASE READ CAREFULLY

THIS AGREEMENT IS BETWEEN Chef Paul Moran. (Wild Origins), its directors, officers, employees, instructors, agents, representatives, volunteers, sponsors, successors and assigns (collectively the “Releasees”) and [FIRST NAME] [LAST NAME]: (the “Participant”), with respect to Chef Paul Moran, #2 625 Hellesen Dr, Tofino, British Columbia.

ACTIVITIES COVERED
In this Agreement, the term “Activities” includes all activities, events, facilities and services in any way connected with or related to Paul Moran that are provided, arranged, organized, conducted or authorized by the Releasees, or any of them, including, but not limited to: use of facilities including, home, participation in foraging classes, programs, and activities (whether supervised or not), instruction (whether supervised or not); boating, hiking, fishing, surfing, diving and kayaking; use of stand-up paddleboards, surfboards, bikes and kayaks; transportation and/or transfer to, from and at activity site and outfitting areas; and, loading and unloading of vehicles, marine vessels and seaplanes, consumption of wild and prepared foods including any shellfish that may be contaminated with red tide.

DESCRIPTION OF RISK

I am aware that participating in the Activities may involve inherent risks and dangers, and hazards that may cause me serious injury and possible death including, but not limited to: equipment failure; improper use of equipment; failure to abide by the rules and regulations of outdoor activities; loss of consciousness; abnormal blood pressure; heart attacks; dehydration; over-exertion; changing weather and/or tidal conditions; encounters with wildlife; failure to remain within designated areas; becoming lost or separated from guides or other participants; impacts and/or collisions; slipping and/or falling at any Paul Moran or public premises, including parking lots and sidewalks; negligence of other participants; and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE BY THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, AND HAZARDS OF PARTICIPATING IN THE ACTIVITIES. I am also aware that the risks, dangers and hazards referred to above are inherent to the Activities and cannot be removed without significantly changing the value of the Activities and their appeal to me.

ASSUMPTION OF RISK
For myself, and on behalf of any minor for whom I sign below, I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES, AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM, whether those risks are inherent or not, and whether or not they are described above. If the participant is a minor, the parent/guardian has explained the risks to the participant, who chooses to participate nevertheless. 

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ACKNOWLEDGEMENT – SAFETY & PHYSICAL CONDITION
I acknowledge that I am required to wear an approved Personal Flotation Device and/or other safety equipment while participating in the Activities. I acknowledge that the home and public area is unsupervised. I agree that I am required to follow all rules and regulations of private and public areas, and to follow all instructions and safety guidelines respecting the Activities while participating in the Activities. I am aware that Paul Moran + personnel are available to answer any questions as to the proper use of the equipment. I am aware that the Activities may activate or aggravate pre-existing physical injuries or conditions, or congenital defects. I certify that I am medically and physically fit to participate in the Activities. I agree that I am not nor will I be under the influence of drugs or alcohol while participating in the Activities.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY
In consideration of THE RELEASEES permitting my participation in the Activities, and allowing me access to their property, and permitting my use of their equipment, services and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:

1. 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 LIABLITY, for any loss, damage, expense or injury, including death, that I may suffer, or that my next of kin may suffer, as a result of either my participating in the Activities or my presence around the Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLEGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE BRITISH COLUMBIA OCCUPIERS LIABLITY ACT, R.S.B.C. 1996, c. 337 ON THE PART OF THE RELEASEEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, AND HAZARDS REFFERED TO ABOVE.

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2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES FROM ANY AND ALL LIABILITY for any
property damage or personal injury to any third party resulting in any way from my participation in the Activities, and for any emergency or other expenses associated with medical treatment, evacuation or rescue of my person resulting in any way from my participation in the Activities, and I consent to any such medical treatment, evacuation or rescue of my person.

4. That this Agreement shall be binding upon my heirs, next of kin, executors, administrators, and assigns.

5. That this Agreement shall be governed by the laws of the Province of British Columbia, and no other jurisdictions, and that any litigation involving the parties to this Agreement shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.

7. To having photographs and video taken of me while participating in the Activities, and I consent to the publication of the photographs and video by the Releasees for promotional and marketing purposes.

8. That the Marine Liability Act, S.C.2001,c.6, may limit the liability of the Releasees in the event of an accident resulting in injury or death. I AM NOT RELYING ON ANY ORAL OR WRITTEN REPRESENTATIONS OR STATEMENTS MADE BY THE RELEASEES WITH RESPECT TO THE SAFETY OF THE ACTIVITIES, OTHER THAN WHAT IS SET FORTH IN THIS AGREEMENT.

I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.

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MINORS: FOR PARTICIPANTS OF MINORITY AGE, I HEREBY CERTIFY THAT I, AS PARENT/GUARDIAN WITH LEGAL RESPONSIBILITY FOR THIS PARTICIPANT OF MINORY AGE, DO CONSENT AND AGREE, TO HIS/HER RELEASE OF ALL THE RELEASEES, AND, FOR MYSELF, MY HEIRS, ASSIGNS, AND NEXT OF KIN, I RELEASE AND AGREE TO INDEMNIFY THE RELEASEE FROM ANY AND ALL LIABILITIES INCIDENT TO THIS PARTICIPANT OF MINORITY AGE’S PARTICIPATION IN THE ACTIVITIES.

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Who will be participating?

Adult  Adult and Children  

Signee Information

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By clicking 'I Agree' below, you agree that you have read and agree with the terms of the waiver and that the information you provided is accurate. You furthermore agree that your submission of this form, via the 'I Agree' button, shall constitute the execution of this document in exactly the same manner as if you had signed, by hand, a paper version of this agreement.