Waiver and Release of Claims, Assumption of Risk and Consent to Medical Treatment

Please read this document (the "Waiver") carefully, as it affects your future legal rights.  By signing below, you (on behalf of yourself or your minor child/ward and any personal representatives, assigns, heirs or next to kin) acknowledge, agree and represent that you have carefully read and fully understand the Waiver and agreed to its terms.

Each individual attending the premises and/or participating in the activities of the Campground must complete and sign the Waiver.  A parent/guardian of a minor Attendee must complete and sign the Waiver on behalf of the minor Attendee.

This Waiver must be carefully read and signed in consideration of the opportunity of being a willing Attendee permitted to enter the Premises. As used herein, the term "Releases" is defined to include the following: the Campground, its subsidiaries, affiliated organizations, owners, members, mangers, directors, officers, past and present employees, agents, representatives, successors and assigns.

Full legal name of owner/operator of the campground (hereinafter the "Campground")

(here in after the "Premises")

-AND-

(Campground visitor: hereinafter the "Attendee")

1. I expressly acknowledge and agree that my attendance at the Premises and participation in the activities of the Campground may involve the risk of serious injury and/or death and/or property damage.
2. I am fully aware of the risks and hazards inherent in my attendance at Premises and participation in the activities of the Campground and entering the Premises, including, but not limited to, my own actions or inactions (or the actions or inactions of my minor child/ward), the actions or inactions of others (including but not limited to the Campground owners, officers, directors, managers, staff, volunteers or actions), falls, injuries, illnesses, infections, contact with others (including but not limited to the Campground owners, officers, directors, managers, staff, volunteers or visitors), navigating any and all obstacles and any defects of the Premises.
3. I represent and warrant to the Releases that I am in good physical condition, am able to safely participate in the activities of the Campground and have no medical condition that would make my participation in the activities of the Campground more hazardous.
4. If I am disabled in any way or have recently suffered an illness or injury; I consulted a physician before participating in the activities of the Campground.
5. I consent to medical care, and transportation in order to obtain treatment in the event of injury to me as the Campground owners, officers, directors, managers, staff, volunteers or other medical professionals may deem appropriate and understand that this Wavier extends to any liability arising out of or in any way connected with such medical treatment or transportation.
6. I understand and agree that I am expected to exhibit appropriate behaviour at all times while I am attending the Premises and while I am participating in the activities of the Campground to obey all local, provincial and federal laws, both criminal and civil. This includes, generally, respect for other people, equipment, facilities or property.
7. I understand and agree that I may not bring weapons or illegal substances to the Premises.
8. I understand and agree that the Releasees are not responsible for any personal item or property that is lost, damaged or stolen while I am participating in the activities of the Campground or on the Premises.
9. I recognize and acknowledge that there are hazards and risks such as physical injury or illness to myself in attending the Premises and participating in the activities of the Campground and that not all such hazards or risks can be fully eliminated.  I freely and voluntarily agree to assume the full risk of death, bodily injury or property damage, regardless of severity, that I (or my child/ward) may sustain as a result of my participation in the activities of the Campground or attendance at the Premises, howsoever arising, including, but not limited to, the active or passive negligence of the Releasees.
10. I agree to indemnify the Releasees from any and all third party claims, howsoever arising, for any loss, liability, damage or cost they might incur, including, but not limited to, claims arising in whole or in part by my negligence or intentional acts or omissions while participating in the activities of the Campground or attending the Premises.
11. I indemnify and hold harmless the Releasees from any loss, liability, damage or cost they may incur while I am participating in the activities of the Campground or while attending the Premises, howsoever arising, including, but not limited to, being caused by the negligence of the Releasees.
12. I hereby and forever release, waive, discharge and covenant not to sue the Releasees for any injury or damage to me, my personal representatives, assigns, heirs and next of kin, for any claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, present or future, in law or in equity, in activities of the Campground or while attending the Premises, howsoever caused, including, but not limited to being caused by the negligence of the Releasees.
13. I hereby and forever release, waive, discharge and covenant not to sue the Releasees for any injury or damage to me, my personal representatives, assigns, heirs, and next to kin, for any claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature or description, whether direct or indirect, present or future, whether known or unknown, arising out of or connected with my (or my minor/ward's) participation in the activities of the Campground or attending to the Premises, under the terms of any statute, including, but not limited to, any claims under the Occupiers' Liability Act, R.S.O 1990, c O.2 as amended; and the Negligence Act, R.S.O. 1990, c. N.1, as amended.
14. I understand and acknowledge that the laws of the Province of Ontario shall apply to all matters relating to this Waiver regardless of the activity location, that the exclusive jurisdiction for any dispute with the Releasees resides in the provincial or in federal court in Ontario.  I expressly consent to the exercise of personal jurisdiction in connection with any dispute with the Releasees arising from my participation in the activities of the Campground or while on the Premises of the Campground.
15. I expressly agree that this Waiver is intended to be as broad and inclusive as permitted by the law of the Province of Ontario, and that the invalidity or unenforceability of any term of this Waiver does not affect the validity or enforceability of any other term.  Any invalid term will be treated as severed from the remaining terms.
16. I acknowledge that in contract disputes, any ambiguity within the contract is generally interpreted against the contract drafter.  However, with this knowledge, I do hereby agree that any ambiguity within this Waiver is to be interpreted in favour of the Campground.

I understand that there are inherent and unforeseen risks involved in participating in the activities of the Campground or while attending the Premises.  I have read this document in its entirety and fully understand its terms.  I understand that I am giving up substantial legal rights by signing below, including the right to sue the Releasees.  I acknowledge that I am signing this agreement freely and voluntarily and intend my signature to be a waiver and complete and unconditional release of all liability due to the negligence of the Releasees or, the inherent risks of participating in the activities of the Campground or while attending the Premises.

Pursuant to Ontario's Electronic Commerce Act, 2000, this Waiver may be executed electronically and in several counterparts via facsimile or electronic signature or original signature, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute but one and the same document.

Personal information contained on the form is collected in pursuant to the Municipal Act, 2001 and will be used for the purpose of responding to your request. Questions about the collection of this infomration should be directed to the City Clerk or Deputy-Clerk at clerks@kawarthalakes.ca.