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Legal/Waivers Release and Waiver of Liability and Idemnity Agreement CAUTION: PLEASE READ THIS AGREEMENT CAREFULLY. BY SIGNING THIS AGREEMENT YOU ARE GIVING UP CERTAIN VALUABLE LEGAL RIGHTS, INCLUDING RIGHTS TO SUE RIPPLE ADVENTURE INC. (HEREIN REFERRED TO AS THE "COMPANY"), FOR ANY PERSONAL INJURIES OR DEATH YOU MAY SUFFER AS A RESULT OF THE PROVISION OF, PARTICIPATION IN, OR ATTENDANCE OF AN EVENT OR ACTIVITY ORGANIZED OR SUGGESTED BY THE COMPANY, ANY TRAINING, EQUIPMENT, OR SUPERVISION PROVIDED IN CONNECTION WITH AN EVENT OR ACTIVITY ORGANIZED OR SUGGESTED BY THE COMPANY.

WARNING: THE ACTIVITIES THAT YOU WILL BE INVOLVED IN COULD CAUSE SERIOUS INJURY OR EVEN DEATH.

IN CONSIDERATION OF THE COMPANY authorizing me (herein after referred to as "the participant") to register for, or attend an event or activity organized or suggested by the Company, it is agreed that:

1. PARTIES INCLUDED: The participant understands that this agreement includes the Company, its partners, employees, servants, directors, officers, agents, subsidiaries, affiliated companies, related companies, successors and assignors (hereinafter collectively referred to in this agreement as the "Company" or "Ripple Adventure Inc.").

2. SERVICES PROVIDED: The participant acknowledges and understands that the Company's services are limited to organizing and/or suggesting events or activities and remitting participant payments to third parties hosting or providing the event or activity. The participant is responsible for payment to the Company of the Company's service fee, third parties' events or activities admission fees, rental of equipment fees, instruction fees, etc. as required by the third party hosting or providing the event or activity.

3. ASSUMPTION OF RISK: The participant is fully aware that the events and activities suggested and/or organized by the Company contain inherent risks and dangers (including serious injury or death), that no amount of care, caution, instruction or expertise can eliminate. The participant knows and understands the scope, nature, and extent of the risks involved in the events or activities. The participant voluntarily and freely chooses to incur any and all such risks and dangers. Further the participant acknowledges and understands that the third parties hosting or providing the event or activity may require the participant to execute agreements, including waivers of liability associated with the event or activity.

4. SHARING CONTENT AND INFORMATION: For content that is covered by intellectual property rights, such as photos and videos taken by the Company or third parties during an event or activity ("IP content"), the participant specifically give the Company the permission to advertise such IP content on the Company's website and in promotional materials. The participant grants the Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content.

5. EXEMPTION FROM LIABILITY: The participant hereby fully and forever discharges and releases the Company from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of any damages sustained by the participant arising out of his/her participation in and/or attendance of an event or activity suggested or organized by the Company, or while participating in any other activities in association thereof. Exemption from liability includes loss, damage, or injury resulting from the negligence of the Company or from any other cause or causes.

6. COVENANT NOT TO SUE: The participant agrees, for him/herself and his/her heirs, executors or administrators, or assigns to indemnify and hold harmless the Company nor to initiate or assist the prosecution of any claim for damages, or course of action, which the participant, his/her heirs, executors, or administrators hereafter may have by reason of injury to the person of the participant or to his/her property arising from the activities organized and or suggested by the Company.

7. INDEMNITY AGREEMENT: The participant agrees for him/herself and his/her heirs, executors, assigns or administrators to hold harmless the Company from any and all losses, claims, actions or proceedings of any kind which may be initiated by the participant and/or any other person or organization. THIS INCLUDES REIMBURSEMENT OF ALL LEGAL COSTS AND REASONABLE COUNSEL FEES INCURRED BY THE COMPANY, the participant and indemnified parties or any of them for the defence in any such actions which may arise directly or indirectly from the activities of the participant while engaged in the activities organized or suggested by the Company.

8. CONTINUATION OF OBLIGATIONS: The participant agrees and acknowledges that the terms and conditions of the above provisions, including ASSUMPTION OF RISK, EXEMPTION OF LIABILITY, COVENANT NOT TO SUE and INDEMNITY AGREEMENT shall continue in full force and effect at all times and shall be binding upon heirs, executors, administrators and assigns of the participant or his/her estate.

9. INSURANCE DISCLAIMER: I UNDERSTAND THAT THE COMPANY DOES NOT PROVIDE ANY INSURANCE, EITHER MEDICAL OR LIABILITY FOR ANY INCIDENT OR ACCIDENT WHICH MAY ARISE AS A RESULT OF MY PARTICIPATION IN ACTIVITY ORGANIZED OR SUGGESTED BY THE COMPANY IF I WANT INSURANCE OF ANY KIND, I MUST FURNISH MY OWN.

10. MEDICAL DISCLAIMER: In participating or attending an event or activity organized or suggested by the Company, I certify that I do not suffer from any conditions which may endanger the safety of myself or anyone else, by participating in the event or activity organized or suggested by the Company. I further certify that I do not suffer from any of the following conditions: extreme asthma, epilepsy, a cardio/respiratory disorder, hypertension, any skeletal or joint or ligament problem or condition. I further certify that I am neither pregnant nor in an intoxicated state.

11. JURISDICTION: This Release shall be deemed to have been made in and shall be construed in accordance with the laws of the Province of Ontario.

I hereby expressly recognize that this agreement is a contract pursuant to which I have released any and all claims against the Company resulting from my participation in any event or activity organized or suggested by the Company, including any claims caused by the negligence of the Company.

I HAVE READ THIS AGREEMENT CAREFULLY AND FULLY UNDERSTAND ITS CONTENTS AND ACCEPT ITS TERMS OF MY OWN FREE WILL. I FURTHER CERTIFY THAT I AM NINETEEN (19) YEARS OF AGE OR OLDER.



Ski & Ride Snow Express Waiver (Snow Express activities only)

TRANSPORTATION

RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT

 

CAUTION: PLEASE READ THIS AGREEMENT CAREFULLY. BY SIGNING THIS AGREEMENT YOU ARE GIVING UP CERTAIN VALUABLE LEGAL RIGHTS, INCLUDING RIGHTS TO SUE RIPPLE ADVENTURE INC. (HEREIN REFERED TO AS THE “COMPANY”), FOR ANY PERSONAL INJURIES OR DEATH YOU MAY SUFFER AS A RESULT OF THE PROVISION OF TRANSPORTATION FOR SUCH PURPOSES AS PARTICIPATION IN, OR ATTENDANCE OF AN EVENT OR ACTIVITY ORGANIZED OR SUGGESTED BY THE COMPANY.

 

WARNING: there are certain risks of physical injury associated with being transported by THE Company which COULD CAUSE SERIOUS INJURY OR EVEN DEATH.

READ AND FULLY UNDERSTAND EACH PROVISION OF THIS AGREEMENT AND SO INDICATE BY INITIALING EACH PROVISION IN THE SPACE PROVIDED AFTER EACH PROVISION. SIGN AND DATE THE FORM.

 

IN CONSIDERATION FOR THE COMPANY authorizing (please neatly print your name) _________________________________ (herein after referred to as "the Passenger") to be a passenger in certain transportation (which includes any and all forms of on and off road transportation, including owned vehicles, leased vehicles, ferries, airplanes, helicopters, sailing vessels, motorized vessels, and non-motorized vessels either provided or arranged by the Company or in any way related to the travel for such purposes as participation in, or attendance of an event or activity organized or suggested by the Company (hereinafter collectively referred to in this agreement as the “Transportation”), and other good and valuable consideration, the receipt and sufficiency is hereby acknowledged, it is agreed that:

 

1.             PARTIES INCLUDED: The Passenger understands that this agreement includes the Company, its partners, employees, independent contractors, representatives, volunteers, servants, directors, officers, agents, subsidiaries, affiliated companies, related companies, successors and assignors (hereinafter collectively referred to in this agreement as the “Company” or “Ripple Adventure Inc.”).

 


2.             ASSUMPTION OF RISK: The Passenger is fully aware that being a passenger in the Transportation contain inherent risks and dangers (including serious injury or death), that no amount of care, caution, instruction or expertise can eliminate. The Passenger knows and understands the scope, nature, and extent of the risks involved in being a passenger in the Transportation. The Passenger voluntarily and freely chooses to incur any and all such risks and dangers.

3.             EXEMPTION FROM LIABILITY: The Passenger hereby fully and forever discharges and releases the Company from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of any damages sustained by the Passenger arising out of being a passenger in the Transportation, WHETHER CAUSED BY THE NEGLIGENCE OR ACCIDENT or otherwise.


4.             COVENANT NOT TO SUE: The Passenger agrees, for him/herself and his/her heirs, executors or administrators, or assigns to indemnify and hold harmless the Company nor to initiate or assist the prosecution of any claim for damages, or course of action, which the Passenger, his/her heirs, executors, or administrators hereafter may have by reason of injury to the Passenger or to his/her property arising from being a passenger in the Transportation.

 

5.             INDEMNITY AGREEMENT: The Passenger agrees for him/herself and his/her heirs, executors, assigns or administrators to hold harmless the Company from any and all losses, claims, actions or proceedings of any kind which may be initiated by the Passenger and/or any other person or organization. THIS INCLUDES REIMBURSEMENT OF ALL LEGAL COSTS AND REASONABLE COUNSEL FEES INCURRED BY THE COMPANY, the Passenger and indemnified parties or any of them for the defence in any such actions which may arise directly or indirectly from the activities of the Passenger while a passenger in the Transportation.

6.             CONTINUATION OF OBLIGATIONS: The Passenger agrees and acknowledges that the terms and conditions of the above provisions, including ASSUMPTION OF RISK, EXEMPTION OF LIABILITY, COVENANT NOT TO SUE and INDEMNITY AGREEMENT shall continue in full force and effect at all times and shall be binding upon heirs, executors, administrators and assigns of the Passenger or his/her estate.

 

7.             INSURANCE DISCLAIMER: The Passenger UNDERSTANDS THAT THE COMPANY DOES NOT PROVIDE ANY INSURANCE, EITHER MEDICAL OR LIABILITY FOR ANY INCIDENT OR ACCIDENT WHICH MAY ARISE AS A RESULT OF BEING a passenger in the Transportation. Further, The Passenger UNDERSTANDs THAT THE OWNER OR OWNERS INSURANCE WILL NOT BE RESPONSIBLE FOR ANY MEDICAL COSTS ASSOCIATED WITH AN INJURY The Passenger MAY SUSTAIN WHILE BEING A PASSENGER IN SAID transportation. IF The Passenger WANTs INSURANCE OF ANY KIND, HE/SHE MUST OBTAIN HIS/HER OWN.

 

8.             JURISDICTION: This Agreement shall be deemed to have been made in and shall be construed in accordance with the laws of the Province of Ontario.


I hereby expressly recognize that this Agreement is a contract pursuant to which I have released any and all claims against the Company resulting from my being a passenger in the Transportation, including any claims caused by the negligence of the Company, or anyone else.


I HAVE READ THIS AGREEMENT CAREFULLY AND FULLY UNDERSTAND ITS CONTENTS AND SIGN IT OF MY OWN FREE WILL. I FURTHER CERTIFY THAT I AM EIGHTEEN (18) YEARS OF AGE OR OLDER.

 



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