RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK WARNING AND INDEMNIFICATION
WARNING: PLEASE READ CAREFULLY BEFORE SIGNING! BY SIGNING THIS AGREEMENT, YOU WILL WAIVE
CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN
To: FRIENDS OF BEAUBEARS ISLAND INC.
In this agreement the term “Ferry Service and Guided Tour” shall include all activities in any way related to travel upon and along
waterways, guiding and instruction, including, but not limited to, orientation and instruction sessions and exercises; on-site
interpretation; solo hiking; transportation or travel to and from program activities; loading and unloading of equipment; all
activities while participating in the program, and while under contract with Friends of Beaubears Island Inc.
ASSUMPTION OF RISK
I am aware that the Ferry Service and Guided Tour involve many risks, dangers and hazards including, but not limited to: accidents
which occur during transportation or travel to and from the activities; accidents which occur during the activity, such as falling into
calm or swift moving water, or falls along the trail network, exposure to COVID-19 or other contagious virus or disease; negligence
of other individuals, negligence of other parties participating in the Ferry Service and Guided Tour and NEGLIGENCE ON THE
PART OF FRIENDS OF BEAUBEARS ISLAND INC TO SAFEGUARD AND PROTECT ME FROM THE RISKS, DANGERS
AND HAZARDS OF ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGER AND HAZARDS
ASSOCIATED WITH THE FERRY SERVICE AND GUIDED TOUR AND THE POSSIBILITY OF PERSONAL INJURY,
DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM. I am aware that the physical exertion required in the
Ferry Service and Guided Tour and the forces exerted on the body can activate or aggravate pre-existing physical injuries,
conditions, symptoms or congenital defects. I understand that if I know or suspect that my physical condition may be incompatible
with the Ferry Service and Guided Tour that I should refrain from participation and seek medical advice before undertaking the
Ferry Service and Guided Tour.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of Friends of Beaubears Island Inc. agreeing to my participation in the Ferry Service and Guided Tour and
permitting my use of its facilities, and for other good and valuable considerations, the receipt and sufficiency of which is
acknowledged, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against FRIENDS OF BEAUBEARS ISLAND
INC, ITS DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SUBCONTRACTORS, AND
REPRESENTATIVES (all of whom are hereinafter referred to as the “RELEASEES”) AND TO RELEASE THE
RELEASEES from any and all liability for any loss, damage, expenses or injury including death that I may suffer or that my
next of kin may suffer as a result of my participation in the Ferry Service and Guided Tour, DUE TO ANY CAUSE
WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR
OTHER DUTY OF CARE, AND FURTHER INCLUDING FAILURE ON THE PART OF THE RELEASEES TO
SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE FERRY SERVICE AND
GUIDED TOUR REFERRED TO ABOVE.
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal
injury to any third party resulting from my participation in Ferry Service and Guided Tour:
3. That this Agreement shall be effecting and binding upon my heirs, next of kin, executors, administrators and assigns, in the event
of my death.
4. That this Agreement shall be governed by and interpreted in accordance with the laws of the Province of New Brunswick and any
litigation involving the parties to this Agreement shall be brought within the Province of New Brunswick.
In entering into this Agreement I am not relying on any oral or written representations or statements made by the Releasees with
respect to the safety of the Ferry Service and Guided Tour, other than what is set forth in this agreement.
I have read and understood this agreement prior to signing it. I am aware that by signing this Agreement I am waiving certain legal
rights which I or my heirs, next of kin, executors, administrators and assigns may have against the Releasees.