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Terms of Service
To: Vancouver Ocean Sports Ltd. (VOS), Pogue Sports, Mind Over Mountain Event Co., Mountain Equipment Co-op, registered sponsors and its respective directors, officers, members, agents, officials, organizers, volunteers and other representatives (all collectively referred to as the Event Organizers); And To: Vancouver Board of Parks and Recreation, the City of Vancouver, and the respective directors, officers, members, agents, officials, organizers, volunteers, and other representatives (all collectively the City). In Consideration of the rights and privileges of Vancouver Ocean Sports Ltd. and being permitted to use the VOS equipment and facilities and to participate in the MEC Big Chop Paddle Series or associated paddling, training, coaching, racing, and other activities of the VOS. (collectively the Activities) 1. I acknowledge that the activities involve risks, dangers and hazards inherent in canoeing, kayaking, and associated outdoor water sports. (The Inherent risks), and further acknowledge that in addition to the inherent risks, the activities involve certain additional risks, dangers and hazards, some of which may include (but 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 movements, waves, currents, rapids, and white water; collision with natural and non-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 risks of personal injury, death, property damage or loss, resulting from and 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 judgement, breach of contract or breach of statutory duty of care on the part of the Event Organizers or City. For greater certainty and without limiting the foregoing, I acknowledge that I use the equipment and facilities of VOS with notice 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 Event Organizers and the City assume no responsibility whatsoever for the safety of my person or property in the connection with the Activities. 3. I waive any and all claims I may now and in the future have against, and release and forever discharge from liability, and agree not to sue the Event Organizers and the City for any personal injury, death, property damage, or loss sustained by me as a result of my participation in the Activities due to any cause whatsoever, including without limitation, active or passive 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 Event Organizers or City 4. I agree to save harmless and indemnify the Event Organizers and the City from and against any and all liability for any personal injury, death, property damage or loss to any third party, resulting from my participation in the Activities or the operation of VOS. 5. I agree that I am responsible for all costs of the rescue or medical attention rendered to me or for my benefit, arising from the Activities and I agree to indemnify the Event Organizers and the City from any and all liability in respect of any 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 insurance 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 the Waiver and Release, I am not relying on any oral, written or visual representations or statements made by the Event Organizers or the City. 8. I agree that this Waiver and Release shall in all respects be governed be and interpreted in accordance with the laws of the Province of British Columbia. 9. I confirm that I have read and understood this Waiver and Release prior to signing it and agree that this instrument will be binding upon my heirs, next of kin, executors, administrators, successors and assigns. 10. I give consent for the use of any photos or video taken of me during Event Organizers activities to be copied or reproduced for the purposes of marketing, promotion or education as the Event Organizers sees fit. Media may include (but is not limited to) website, brochures, information sheets, multi-media, etc. 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.