Consideration and Pre-condition to Participation
I understand that reading, understanding, and signing this document are preconditions to my taking part in any program/trip/package/adventure with LAO. I understand and agree that in return for my reading, understanding, and signing this document, LAO is permitting me to take part in the above-stated program.
Liverpool Adventure Outfitters, its directors, officers, employees, volunteers, agents, subcontractors, and instructors (collectively referred to before this clause and after as “LAO”), are not reponsible for any death, injury, bodily harm, loss, or damage of any kind suffered by any person during their participation in an LAO organized and planned program/adventure/package/trip, or any related activities. This includes injury, bodily harm, loss, or damage that might be caused by the negligence of LAO.
Assumption & Acknowledgement of Risks
a) I acknowledge that I have had ample and sufficient time to:
i. Review the program/adventure/package/trip information online and/or otherwise provided, and ask questions regarding the program/adventure/package/trip.
b) I am aware of and understand the possible dangers, hazards, risks, extreme or minor, associated with the program/adventure/package/trip and all its related activities. I understand these dangers, hazards, and risks may result in the following without limitation: soft tissue injuries, broken bones, bruises, scrapes, infection, cuts, sprains, dislocations, head/facial/eye/dental injuries, food poisoning, contraction of diseases/parasites, other types of injury or harm not listed here, as well as SEVERE OR FATAL INJURY TO MYSELF OR OTHERS.
c) More specifically, I am aware of, and accept and assume, the following possible risks:
i. Risks associated with the location of the program/adventure/package/trip, including extreme temperatures (including for example temperatures leading to hypothermia, frostbite, windburn, sunburn, stroke, dehydration, increased risk of colds or flus), extreme weather or natural disasters, and water and fire hazards.
ii. Risks associated with the equipment I may use, whether it be owned, maintained, and operated by LAO, myself, or a third party, and the risk the equipment may malfunction, break, or be misused.
iii. Risks associated with transportation to and from the program/adventure/package/trip, and transportation during the program/adventure/package/trip, which may be publicly or privately owned, regardless of whether arranged for by LAO. Increased risks associated with transportation in foreign countries which may not meet the safety guidelines of Canada. I accept and assume these risks, regardless of the mode of transportation, be it by plane, boat, motor vehicle, glider, ATV, or otherwise.
iv. Risks associated with the skill of instructors and LAO members, and their capacity to respond to conditions and circumstances arising during the program/adventure/package/trip. The ability of instructors and LAO members to respond to emergencies or unexpected conditions will vary depending on the individual and personal factors.
v. Risks posed by other participants in the program/adventure/package/trip who may be inexperienced, lack judgment, or may be negligent or cause harm deliberately.
vi. Risks associated with my own actions or omissions, including without limitation: my failure to follow directions, my consumption of alcohol or other substances whether voluntarily or through coercion, any illness relating to food I may ingest.
Release of LAO from Liability, Waiver of Claims against LAO, and Indemnification of LAO
In exchange for the consideration of LAO agreeing to have me join their program/adventure/package/trip, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I hereby agree as follows:
a) To waive any and all claims that I have, or in the future may have, against LAO;
b) To release LAO 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 the program/adventure/package/trip due to any cause whatsoever, including:
b. Breach of contract;
c. Breach of any statutory or other duty of care on the part of LAO; and,
d. Any failure on the part of LAO to take reasonable steps to safeguard or protect me from the risks, dangers, and hazards of participating in the program/adventure/package/trip.
c) I freely and voluntarily accept those and all other risks arising from the program/adventure/package/trip, including without limitation the risk of serious bodily harm, illness, death, and property damage or loss resulting therefrom, whether during or outside the parameters of the program/adventure/package/trip.
d) To hold harmless and indemnify LAO from any and all liability for any damage to personal property, or personal injury to any third party resulting from my participation in the program/adventure /package/trip and all related activities.
e) To hold harmless, indemnify, and release LAO from liability for any and all claims, demands, actions, costs, or causes of action which may arise from my participation in the program/adventure/
package/trip and all related activity, even though said claims, demands, actions, costs, or causes of action may have been caused by the negligence of LAO.
f) I am solely responsible to purchase adequate medical/health/travel, or other insurance if I feel it is required. LAO is providing no medical or other insurance. In the event of a medical problem, LAO accepts no responsibility for any costs associated with treatment or otherwise.
Applicable Law The law which shall apply to this agreement, its interpretation, and all aspects of the relationship between LAO and the participant, shall be the law of Nova Scotia, Canada.
Photographs & Video I agree to allow LAO to collect photographs and/or video footage of my participation in the program/adventure/package/trip, and I agree to allow LAO to use the photos and/or video footage in any marketing material including without limitation newsletters, websites, emails, signage, and for other purposes without further payment or consideration to me.
If I have provided my email address above, then I agree LAO may use it to contact me periodically for the purposes of advertisement, special offers, or providing information about LAO.
I confirm that I am of the age of majority and that I have had ample time to read this Waiver of Liability Agreement, that I understand its terms, intend it to be binding upon my heirs, executors, personal representatives, assigns, and all members of my family. In entering into this Agreement I am not relying on any oral or written representations or statements made by LAO with respect to the safety and risks of participating in the program/adventure/package/trip, other than what is set forth in this agreement.