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 Part One and Part Two of this Group 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 - Safety
I 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 CONDUCTAll 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;
- sign 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.