Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement, (the “Agreement”)
BY COMPLETING THIS AGREEMENT YOU WILL GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE
PLEASE READ CAREFULLY and provide all information required for this Waiver Form.
(All personal information given by participants will only be used for administration and regular communication with respect to related programs/events with FGPC).
To: FGPC, and their respective directors, officers, employees, contractors, representatives, officials, agents, and volunteers.
In this Agreement:
the term, “paddling programs” shall include but is not limited to: competitions, races, festivals, demonstrations, practices, events, boat rentals, orientation and instruction sessions, and other such activities, events and services in any way connected with or related to the FGPC; and
the term, “Releasees” shall include the FGPC, affiliate centres and events, sponsors, official suppliers, officials, and all of their respective directors, officers, employees, volunteers, agents, representatives, successors and assigns.
Acknowledgement – SafetyI am aware that the physical exertion required of paddling programs and the forces exerted on the body can activate or aggravate pre-existing physical injuries, conditions, symptoms or congenital defects.
I HAVE ALSO READ AND UNDERSTAND THE RULES AND REGULATIONS, AND I AGREE TO ABIDE BY THOSE GUIDELINES.
(Rules and Regulations are posted on the event website).
Assumption of Risks
I am aware and understand that paddling programs and paddling sports have inherent dangers, hazards and risks including, but not limited to:
- ACCIDENTS WHICH OCCUR WHILE LOADING AND UNLOADING EQUIPMENT
- ABRUPT WEATHER CHANGES
- COLLISION WITH MAN MADE OR NATURAL OBJECTS OR OTHER PADDLERS OR BYSTANDERS
- CONDITIONS OF WATER SURFACE AND VARIATIONS IN THE WATER CONDITIONS, SURFACES AND CURRENTS
- EQUIPMENT FAILURE
- IMPROPER USE OF EQUIPMENT
- NEGLIGENCE OF OTHERS
- OVERTURNING OR UPSETTING OF THE BOAT
- FALLING FROM THE BOAT WHILE ON THE WATER
- POOR SWIMMING ABILITY OF MYSELF OR OTHERS
- FACILITY & SITE HAZARDS
- NEGLIGENCE OF THE RELEASEES
- SUSTAINED RIGOROUS PHYSICAL ACTIVITY
- TRAVEL TO AND FROM SITE
- IMMERSION IN COLD WATER
I understand that injuries resulting from the danger, hazards and risks of paddling programs and sports are a probable occurrence of such programs and sports.
I am also aware that there is a risk of NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE BY THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE DANGERS, HAZARDS AND RISKS OF PADDLING PROGRAMS AND SPORTS.
I freely accept and fully assume all dangers, hazards and RISKS associated with participation in paddling programs and sports and the possibility of personal injury, death, property damage or loss resulting therefrom.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY
I acknowledge that it remains my sole responsibly to act in such a manner as to be responsible for my own safety and participate within my own limits.
I understand that the Rules are solely for the purpose of regulating other paddling program participants and me.
In consideration of the Releasees agreeing to my participation in paddling programs & events and permitting my use of their equipment and facilities, I hereby agree as follows:
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 liability 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 my participation in paddling programs due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care, on the part of the Releasees;
TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage or personal injury to any third party resulting from my participation in paddling programs; and
This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and representatives, in the event of my death or incapacity.
Acceptance of this Agreement
In entering into this Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of paddling programs & events other than what is set forth in this Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO INDICATING MY AGREEMENT, AND I AM AWARE THAT BY COMPLETING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
Participant Code of Conduct
All persons who participate in activities, programs or events that are under the control or management of FGPC, and/or who use FGPC facilities, equipment, property, webpages, social media, or communication systems, have the responsibility to:
- adhere to the operational and safety policies of FGPC and, where applicable, the safety policies of the governing national organization for the participant’s sporting activity (e.g., Canadian Outrigger Racing Association for outrigger, Dragon Boat Canada for dragon boat, Canoe Kayak Canada for sprint canoe and kayak)
- adhere to operational and safety directives or decisions established by FGPC staff;
- place safety above all else, and report any safety concerns or incidents to the FGPC safety officer or other appropriate staff as soon as possible;
- demonstrate responsible, respectful and ethical behaviour towards other participants and FGPC staff;
- abide by the rules of racing, practice good sportsmanship, and treat competitors and officials with respect both in victory and defeat;
- refrain from the use of profane, insulting, harassing or otherwise offensive language;
- refrain from any behaviour that constitutes harassment, where “harassment” is defined as a course of comment or conduct that is known or ought reasonably to be known to be unwelcome;
- refrain from any behaviour that constitutes sexual harassment, where “sexual harassment” is defined as deliberate or repeated, unsolicited sexually-oriented comments, anecdotes, gestures or conduct that i) are offensive and unwelcome, or ii) create an offensive, hostile or intimidating environment, or iii) can reasonably be expected to be harmful;
- abstain from consuming alcohol and non-medicinal drugs when using FGPC equipment or facilities, and during FGPC activities, programs or events, with the only exception being responsible alcohol consumption within a FGPC licensed beer garden;
- use FGPC facilities and equipment in a respectful, responsible and secure manner so as not to cause damage of any kind to FGPC property or risk injury to self, other participants, FGPC staff, or members of the general public;
- report any damage or loss of FGPC equipment or property soon as possible to the appropriate coach or other FGPC staff;
- reimburse FGPC for the cost of any damage to FGPC equipment or property resulting from careless, negligent or willful acts or omissions by the participant;
- complete a waiver releasing FGPC from any liability for damage or loss that results from participating in FGPC activities, programs or events, and/or using FGPC equipment or facilities.
As a participant, I understand the above statements and I agree to conduct myself in accordance with this Code of Conduct. I also understand that a breach of any part of this Code of Conduct may result in FGPC revoking my privileges to participate in activities, programs and events that are under the control or management of FGPC, and/or to use FGPC facilities or equipment.
Commitment to Data Security
Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from our sites allow you to opt out of further mailings.
FAIRWAY GORGE PADDLING CLUB will never sell trade, rent, exchange or otherwise share your personal information with any other person, company or organization.
FAIRWAY GORGE PADDLING CLUB respects your privacy and pledges to maintain the confidentiality of your personal information. All personal information you share with us is maintained in accordance with the Personal Information Protection and Electronic Documents Act (2000). References to FAIRWAY GORGE PADDLING CLUB may include its affiliates, depending on the context.
Legal Obligation of Information Release
FAIRWAY GORGE PADDLING CLUB will release any information that is required to be released by law or court order. In exceptional circumstances it may be necessary that we disclose your personally identifiable information if we believe, in good faith, that disclosure is otherwise necessary or advisable to protect FAIRWAY GORGE PADDLING CLUB interests. We will seek to ensure that any proposed disclosure is required in the circumstances and then ensure that we disclose only the information that is required.
Use of Your Information
FAIRWAY GORGE PADDLING CLUB obtains most of our information through the signing of waivers. With your consent we may also obtain personal information about you from third parties. This may include parents, guardians, coaches or whoever is registering you in a program and paying for your registration. Use of your personal information for any purpose other than those outlined or the release of such information by parties outside of FAIRWAY GORGE PADDLING CLUB or its affiliates will take place only under the following circumstances:
(a) When you give consent – We will disclose your personal information when you have given consent.
Under no circumstances do we sell participant or personal information to others. Please note that we will not share health information that may have been provided in connection with a program, program withdrawal or request for refund. With your consent, we may use certain information to provide you with information about FAIRWAY GORGE PADDLING CLUB and its affiliates and programming. This consent is optional and you can decide to withdraw it at any time. Information collected by FAIRWAY GORGE PADDLING CLUB about its users is used internally by authorized employees of FAIRWAY GORGE PADDLING CLUB for following reasons: To process payment, register you in the program of your choice, update you when required of any possible changes of the planned services at FAIRWAY GORGE PADDLING CLUB, determination of those areas, features, and services that are valued the most and found most helpful. Also, we collect information to determine the appropriate participation in the activities and services provided at the FAIRWAY GORGE PADDLING CLUB and on our site.
Securing Your Information
The FAIRWAY GORGE PADDLING CLUB website uses sophisticated security and safeguard measures to protect users’ information. One such measure is our use of secure server software (SSL), to ensure that your credit card will be protected against fraudulent use while on our site.