https://form.jotform.com/261588646459071

• RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT

• (hereinafter referred to as the “Release Agreement”)

  BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION.

  PLEASE READ CAREFULLY!

  This form must be read and signed by every participant who wishes to participate. BEFORE YOU SIGN THIS RELEASE AGREEMENT please carefully read all of the following terms and conditions. The Release Agreement must be completed and signed by a person who has legal capacity to consent, or by the parent or guardian of a person under the age of majority or who otherwise does not have the capacity to provide legal consent on their own.

  TO: Lake Superior Adventures Inc., operating as Sail Superior and its directors, officers, employees, instructors, guides, agents, captains, crew, contractors, agents, volunteers, insurers, vessels, equipment, representatives, successors and assigns (all of whom are hereinafter referred as “Sail Superior”).

  This form is a Release Agreement between the undersigned participant (hereinafter referred to as “I”, “me” or “myself” or similar variations thereof) and Sail Superior. I understand that this Release Agreement is required to participate in activities (as defined below) with Sail Superior. By signing this document, I understand that I am accepting risks and giving up certain legal rights, including the right to sue Sail Superior and related parties.

  DEFINITION
  In this Release Agreement, “Activities” shall refer to and include all activities in which I participate with Sail Superior and shall include, but is not limited to: boating, sailing, motor vessel, Zodiac/RHIB, sightseeing, harbour, island, hiking, climbing, swimming, shore landing, dockside boarding, disembarking, food service, beverage service, overnight, instructional, tourism and related activities operated by Sail Superior.

  ASSUMPTION OF RISKS

  I understand that the Activities involve intrinsic, unknown or unanticipated hazards and risks, as well as known risks, dangers and hazards to which I assume the risk of same, including, but not limited to:
  - Accidents which occur during transportation or travel to and from the departure point, including vessel movement and dock movement;
  - Muscular injuries, soft tissue injuries, broken bones, scrapes, cuts, sprains, dislocation, head, facial/eye injuries;
  - Injuries resulting from walking, running, slipping and/or falling, tripping, swimming, hiking and loss of balance;
  - Death, injuries or illness resulting from the failure to follow the instructions and directions of Sail Superior;
  - Boarding and disembarking vessels;
  - Wet surfaces, stairs, ladders, ramps, contact with equipment, ropes, lines, sails, engines, propellers, docks, rocks, shorelines;
  - Wildlife, other passengers, other vessels and natural terrain;
  - Capsizing, waves, water conditions and changes, limited visibility, striking rocks or ice;
  - impact, collision with or entrapment by trees, logs, deadfall, boats or equipment;
  - cold water immersion, water immersion following heat exposure, drowning, near drowning, water spray, cold shock, hypothermia, motion sickness, fatigue, dehydration, sun exposure, cold exposure;
  - Violent and unpredictable weather, which may cause injury due to extremes of heat or cold, and which may prevent travel to, from or within an area, including storms, high wind, high waves, and lightning and other various acts of God;
  - encounters with domestic or wild animals;
  - Remoteness of location with poor communications and inability to get rescue or medical assistance quickly or easily, delayed emergency response and limited access to medical care;
  - infectious diseases contracted through viruses, bacteria, parasites and fungi which may be transmitted through direct or indirect contact;
  - hiking, shore landings, uneven ground, cliffs, rocks, trails, insects;
  - swimming, water entry and exit, sauna use, sudden fatigue, cramping, panic, injury, exposure to Lake Superior water conditions;
  - negligence on the part of other participants and third parties; and
  - Negligence on the part of Sail Superior including the failure on the part of Sail Superior to safeguard or protect me from the risks, dangers and hazards of participating in the activities.

  I UNDERSTAND THAT THESE ABOVE RISKS, AND OTHER RISKS NOT EXPRESSLY OUTLINED ABOVE MAY RESULT IN INJURY, LOSS, ILLNESS, DISABILITY, DAMAGES, FINANCIAL LOSS, AND PROPERTY LOSS.

  ACKNOWLEDGEMENT

  I AM AWARE OF THE RISKS, DANGERS AND LOSS, RESULTING KNOWN OR UNKNOWN THAT MAY BE ASSOCIATED WITH THE ACTIVITIES AND BY CHOOSING TO TAKE PART IN THE ACTIVITIES, I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, FINANCIAL LOSS, DISABILITY, ILLNESS OR OTHER LOSS RESULTING THEREFROM. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN.

  NON-SCHEDULED OR EMERGENCY RESCUE

  I acknowledge and agree that all expenses associated with non-scheduled or emergency rescue will be my responsibility and will not be covered by Sail Superior.

  RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

  In consideration of Sail Superior permitting my participation in the Activities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree and acknowledge as follows:

  TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against Sail Superior AND TO RELEASE Sail Superior 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 the Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, ON THE PART OF SAIL SUPERIOR AND FURTHER INCLUDING THE FAILURE ON THE PART OF SAIL SUPERIOR TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ACTIVITIES REFERRED TO ABOVE.

  1. I am not relying on any oral or written representations or statements made by Sail Superior with respect to the safety of participating in the Activities, other than what is set forth in this form.

  2. That I further agree to indemnify and save harmless Sail Superior from any and all claims, action, cause of action, suits, demands, torts, or proceedings of any kind, damages, costs and expenses, including reasonable legal expenses due to any personal injury or property damage to any third party arising from my participation in the Activities ("Claims"), and to not assign any rights to commence or maintain any Claim whatsoever, which may be brought against Sail Superior for which it may become liable by reason of any injury, loss, damage, or death resulting from, or occasioned to, or suffered by any person or any property, by reason of any act, neglect, or default of mine and/or resulting from my (or my child's) participation in the Activities.

  3. That I hereby, for myself, my heirs, executors, administrators, or any others who may claim on my behalf, covenant not to sue, and hereby waive, release and discharge Sail Superior from any and all claims of liability for personal injury, loss of life, property damage, illness, disability, or other loss of any kind of nature, arising out of or sustained in the course of or as a result of my participation in the Activities.

  4. That this form restricts me from suing or otherwise claiming against Sail Superior presently or at any future time, for damages, loss, or injury that may occur to me or my property resulting from my participation in the Activities.

  5. I agree to follow all instructions from the captain, crew and Sail Superior given at any time or in any manner. I further agree and understand that the captain has final authority over boarding, departure, route, weather decisions, return decisions, seating, personal floatation device use, swimming approval, water entry, shore activities, passenger conduct, and removal or refusal of any passenger. I understand that the captain of the vessel has final authority over passenger safety and vessel operation.

  6. I agree to wear a personal floatation device when directed by Sail Superior, including but not limited to when entering the water from a vessel or shore, when swimming is permitted, or when participating in any activity where Sail Superior requires a personal floatation device.

  7. I agree not to interfere with vessel operation, safety equipment, crew activities and duties, lines, ropes, sails, engines, controls or restricted areas.

  8. I agree to behave responsibly and with care, and to not endanger myself, other passengers, third parties, Sail Superior, crew, vessels, docks, equipment or property.

  9. I am physically and medically capable and fit to participate in the Activities I have selected. I agree to disclose any relevant medical, mobility, allergy, swimming ability, cold water sensitivity, cardiovascular, respiratory or other safety concern prior to departure or participation in Activities.

  10. I understand that some Activities involve conditions with limited immediate access to medical care. I understand that emergency response may be delayed by weather conditions, location, lake conditions, communications, darkness, fog, remote shore locations, water conditions or distance from medical care.

  11. If I become injured or ill during the course of participation, I authorize Sail Superior to arrange and undertake first aid, emergency assistance, evacuation, transportation or medical care as considered appropriate in the circumstances.
  12. I understand that Sail Superior may refuse boarding or remove any passenger who appears impaired, unfit, incapable, unsafe, disruptive, or unable to follow safety instructions.

  13. I understand that alcohol, drugs of any kind, illness, fatigue, pre existing conditions, heat exposure, cold exposure, sauna use and water immersion may increase the risk of injury, medical distress, poor judgment, drowning or other harm or loss.

  14. This form shall be governed by and construed in accordance with the laws of the Province of Ontario.

  15. I have read over this Release Agreement before signing, I understand the terms of this Release Agreement and further understand that the terms herein will be binding not only on me but also my heirs, my next of kin, my executors, administrators and assigns.

  16. I hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario, and I agree that no other courts can exercise jurisdiction over the agreements and claims referred to herein. Any litigation to enforce this Release Agreement shall be instituted in Ontario and nowhere else.

  I AM AWARE OF THE NATURE AND EFFECT OF THIS AGREEMENT, THE ASSUMPTION OF RISKS, CONSENT TO MEDICAL TREATMENT, MY RELEASE TO CLAIMS, INDEMNITY AND FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING THIS RELEASE AGREEMENT AND SIGN THIS RELEASE AGREEMENT FREELY AND VOLUNTARILY WITHOUT INDUCEMENT OF ANY NATURE OR KIND.

  I CONFIRM THAT I AM OF THE FULL AGE OF 18 YEARS AND I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST SAIL SUPERIOR;

  OR

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