Waiver Form
RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY
BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION
PLEASE READ CAREFULLY!
The individual named below (referred to as "I" or "me") desires to participate in the activity of axe throwing (the “Activity”) offered by JR’S PAR-LORE GOLF INCORPORATED, a corporation incorporated under the laws of the Province of Nova Scotia ("Par-lore Golf"). In consideration of Par-lore Golf permitting me to participate in the Activity and for other good and valuable consideration, I agree to all the terms and conditions set forth in this agreement (this "Agreement").
- ASSUMPTION OF RISKS: I AM AWARE AND UNDERSTAND THAT THE ACTIVITY INVOLVES MANY RISKS, DANGERS, AND HAZARDS, INCLUDING BUT NOT LIMITED TO THE RISK OF SERIOUS INJURY, DEATH, OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS, AND HAZARDS INVOLVED AND THE POSSIBILITY OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF PAR-LORE GOLF OR OTHERWISE.
- I hereby expressly waive and release any and all claims which I have or may in the future have against Par-lore Golf, its affiliates, and their respective directors, officers, employees, agents, representatives, shareholders, successors, and assigns (collectively, "Releasees"), on account of injury, death, or property damage arising out of or attributable to my participation in the Activity, due to any cause whatsoever, including without limitation the negligence of Par-lore Golf or any other Releasee, breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation or otherwise. I covenant not to make or bring any such claim against Par-lore Golf or any other Releasee, and forever release and discharge Par-lore Golf and all other Releasees from liability under such claims.
- I SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS PAR-LORE GOLF AND ALL OTHER RELEASEES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE LEGAL FEES, IN CONNECTION WITH ANY THIRD-PARTY CLAIM, SUIT, ACTION, OR PROCEEDING ARISING OUT OF OR RESULTING FROM THE ACTIVITY, INCLUDING, WITHOUT LIMITATION, INJURIES OR DAMAGE CAUSED TO OTHER PERSONS AND PROPERTY.
- I understand that each person (including me) has a different capacity for participating in such Activity. I declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would impair my ability to participate in the Activity. If at any time I believe conditions to be unsafe or that I am no longer in proper physical condition to participate in the Activity, I will immediately discontinue further participation in the Activity. I do hereby assume all responsibility for my participation in the Activity.
- I will follow all instructions and safety information related to my participation in the Activity and will endeavour and will ensure that I am at all times in a proper physical and mental state to safely complete the Activity.
- I confirm I am at least 19 years of age or that I am signing as guardian for a person who is under the age of 19 years and for whom I have the legal right to consent. I agree to indemnify and save harmless Par-lore Golf from and against any claims, including, without limitation, any issues of enforceability caused by any misrepresentation of my ability to sign this form.
- This Agreement constitutes the entire agreement of Par-lore Golf and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall enure to the benefit of me and my heirs and next-of-kin, and Par-lore Golf and its successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of the Province of Nova Scotia, and I hereby consent to the exclusive jurisdiction of such courts.
- I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS, AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE PAR-LORE GOLF AND THE RELEASEES.
Participants 19+ please complete the form below. Participants under 19 must have this form completed by a legal guardian.