WARNING: BY SIGNING THIS FORM YOU GIVE UP THE RIGHT TO SUE FOR DAMAGES

To: LOTUS SPORTS CLUB (“LOTUS”) and its respective directors, officers, members, agents, officials, organizers, volunteers, and other representatives (collectively referred to as the “Club”);

And to:  Vancouver Fraser Port Authority, City of Burnaby and its Board of Parks & Recreation, the Burnaby Police Board, and their respective directors, officials, officers, members, organizers, employees, volunteers, servants & agents, and other representatives (collectively, the “City”)

In consideration of Lotus Sports Club ("LOTUS") accepting my application for, and being permitted to participate in club activities organized by Lotus Sports Club (“LOTUS Activities") I agree to this release of claims, waiver of liability and assumption of risk (collectively, this “Agreement”).

I acknowledge that the enjoyment and excitement of LOTUS Activities is derived, in part, from the Inherent Risks associated with such activities beyond the accepted safety of life at home or work and that these Inherent Risks contribute to such enjoyment and excitement, being a reason for my participation.

I am aware that LOTUS Activities, in addition to usual dangers and risks associated with outdoor recreation activities, involve certain additional dangers, risks and hazards (collectively, the “Additional Risks”), some of which include but are not limited to:
—Physical Exertion for which I may not be prepared;
—Weather Extremes subject to sudden and unexpected change;
—Dangerous Water ~ including rapids, white water, moving water and cold water;
—Collision with other boats including other race boats, commercial boat traffic or pleasure boats;
—Negligence of other competitors and boaters, and, negligence on the part of the Lotus Sports Club or its staff;
—Immersion or entrapment in water;
—Equipment malfunction or failure;
—Increased chance of exposure to viruses or other illnesses that may be present in the general population and/or public spaces.

I agree to freely accept and fully assume all risks of personal injury, death or property damage or loss, resulting from any cause whatsoever, including but not limited to, the Inherent Risks, the Additional Risks, active 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 Club or City.  For greater certainty and without limiting the foregoing, I acknowledge that I use the equipment and facility of LOTUS without notice of the nature, condition and state thereof, and entirely at my own risk, and I acknowledge that I am solely responsible for the safety of my person and property and that the Club and the City assume no responsibility whatsoever for the safety of my person or property in connection with LOTUS Activities.

I agree to abide by the rules and regulations established by LOTUS from time to time applicable to LOTUS Activities, including, without limitation, the wearing of a personal floatation device (PFD) if required.  I understand that if I paddle without wearing a Government approved PFD, I do so at my own risk and I assume all the responsibility for my actions. During my participation in LOTUS Activities, I agree to act responsibly with a view to preserving my own safety and the safety of other participants.

I waive any and all claims I may now and in the future have against and release from all liability and agree not to sue Lotus Sports Club and the City in respect of, any and all damages, losses, liabilities, claims, costs and expenses (including legal fees) of any kind whatsoever and howsoever arising (including, without limitation, in respect of death, injury, loss or damage to any person or property, or any other loss or damage) that I or my heirs or next-of-kin may suffer or incur, or allege to suffer or incur, arising in any way out of my participation in LOTUS Activities due to any cause whatsoever, including without limitation, active 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 Club or City.

This Agreement shall be binding on my heirs, next-of-kin, executors, administrators, assigns and representatives in the event of my death or incapacity.  I acknowledge that I can, if I wish, purchase personal accident insurance to compensate me, or my heirs, for any personal injury, death, property damage, or loss sustained as a result of my participation in any LOTUS Activities.

If you have a medical condition, it is your responsibility to inform at least one member of your team and the coach each time you go out. Do you have any medical conditions Lotus should be aware of?