TO: Divertigo Bromont inc, AND their directors, officers, employees, owners, administrators, agents, investors, volunteers, independent contractors, representatives, successors and assigns (collectively hereinafter referred to as the « RELEASEES »)
I acknowledge having read the rules and security instructions included on Divertigo Bromont inc. internet site
The term Activities shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the RELEASEES and shall include, but is not limited to participating in aerial adventure park courses, jump tower, zip-lines, hiking, observing or otherwise moving on or around the premises of the RELEASEES or any other such activities, events or services in any way connected with or related to the RELEASEES.
2. SAFETY ACKNOWLEDGMENT
I acknowledge that I am required to wear the provided and approved harness and helmet and or other safety equipment while participating in the Activities. I am aware that there are Guides available to answer any questions I may have about the proper use of the equipment. I am aware that the physical exertion required to participate in the Activities and the forces exerted on the body can activate or aggravate pre-existing physical injuries, conditions or congenital defects. I acknowledge that the level of participation is at all times completely up to the individual and I am the best and only judge of my degree of ability to participate in the Activities and I am conscious of the risks which I am exposing myself to voluntarily and with full knowledge of the facts.
I acknowledge having read the rules and security instructions included on Divertigo Bromont inc. internet site OR at the reception desk on site and I attest that I will attend the Mandatory Safety Orientation and devote my utmost attention to learning and applying all safety requirements and rules for the participating of Activities.
3. ASSUMPTION OF RISKS
I am aware that participation in the Activities involves inherent risks, dangers and hazards including, but not limited to slips and falls, falls from heights, difficult natural and/or man-made terrain, the use of ladders, adventure courses and zip-lines, impact or collision with trees, platforms or other natural or man-made objects, collision with other participants, guides or spectators, the failure to remain within designated areas, negligence of other participants and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONNAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREIN. I am also aware that the risks, dangers and hazards referred to above exist throughout the Park and may be uncontrolled, unmarked and not inspected.
4. RELEASE OF LIABILITY. WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the RELEASEES agreeing to my participation in the Activities and permitting my use of their adventure park systems, equipment, parking and other facilities and for other good and valuable consideration, the receipt and sufficiency of which is acknowledge, I HEREBY AGREE AS FOLLOWS :
a) 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 Initial for any loss, damage, injury including death, or expense that I may suffer, or that my next of kin may suffer, either directly or indirectly as a result of my participation in the Activities and my use of premises and facilities, DUR 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 OCCUPIER’S LIABILITY ACT, R.S.O. 1990, c.0.2, ON THE PART OF THE RELEASEES, 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 OF PARTICIPATING IN THE ACTIVITIES.
b) TO HOLD HARMLESS AND IDEMNIFY THE RELEASEES for any claims or demands resulting from any property damage or personal injury to any third party, which might be against the RELEASEES resulting from my participation in the Activities and my use of the aerial park, equipment, premises and facilities.
c) That this agreement shall be effective and binding upon my heirs, next of kin, administrators, assigns and representatives, in the event of my death or incapacity.
d) That this agreement shall be governed and interpreted in accordance with the laws of the Province of Quebec and any litigation involving the parties shall be brought within the Province of Quebec, and;
e) 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 the Activities, other than what is set forth in this agreement.
I HAVE READ AND UNDERSTAND THIS AGREEMENT. BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE THAT I AM AGREEING TO THE FOLLOWING:
i. THAT I AM ASSUMING ALL RISK OF INJURY, LOSS OR DAMAGE WITH RESPECT TO THE AERIAL PARK, THE EQUIPMENT, THE ACTIVITIES AND THE USE OF THE PREMISES AND FACILITIES;
ii. THAT I AM WAVING ANY AND ALL CLAIMS ARISING FROM ANY CAUSE WHATSOEVER AGAINST THE RELEASEES, ON BEHALF OF MYSELF AND MY HEIRS, SUCCESSORS AND ASSIGNS; AND
iii. THAT I WILL INDEMNIFY THE RELEASEES IF ANY SUCH CLAIMS ARE BROUGHT AGAINST THEM.
Guest must carry any required emergency medication with them when participating in the activities, i.e. asthma inhalers, epi-pens, etc.