WaiverWaiverWAIVER AND RELEASE OF CLAIMS, ASSUMPTION OF RISK AND CONSENT TO MEDICAL TREATMENTPlease read this document (the “Waiver”) carefully, as it affects your future legal rights. By signing below, you (on behalf of yourself and your minor child/ward and any personal representatives, assigns, heirs and next of kin) acknowledge, agree and represent that you have carefully read and fully understood the Waiver and agreed to its terms. This Waiver must be carefully read and signed in consideration of the opportunity of being a willing Guest permitted to enter the Premises. As used herein, the term “Releasees” is defined to include the following: Soper Creek Wilderness Villas, Soper Creek Wildlife Rescue & Ranch Inc, its subsidiaries, affiliated organizations, owners, members, managers, directors, officers, past and present employees, agents, representatives, successors, and assigns.BETWEEN: Soper Creek Wilderness Villas & Soper Creek Wildlife Rescue & Ranch Inc.[Text Wrapping Break] 6706 Gibbs Road, Bowmanville Ontario, L1C 6A6 (hereinafter the “Villas”) AND (Guest: hereinafter the “Guest” or “Guests”)Adult Guest #1 Name:(Required)Date of Birth(Required)Month123456789101112Day12345678910111213141516171819202122232425262728293031Year202420232022202120202019201820172016201520142013201220112010200920082007200620052004200320022001200019991998199719961995199419931992199119901989198819871986198519841983198219811980197919781977197619751974197319721971197019691968196719661965196419631962196119601959195819571956195519541953195219511950194919481947194619451944194319421941194019391938193719361935193419331932193119301929192819271926192519241923192219211920Adult Guest #2 Name:Leave blank if not applicableDate of BirthMonth123456789101112Day12345678910111213141516171819202122232425262728293031Year202420232022202120202019201820172016201520142013201220112010200920082007200620052004200320022001200019991998199719961995199419931992199119901989198819871986198519841983198219811980197919781977197619751974197319721971197019691968196719661965196419631962196119601959195819571956195519541953195219511950194919481947194619451944194319421941194019391938193719361935193419331932193119301929192819271926192519241923192219211920Main Contact Phone Number(Required)Child Guest(s)* Name(s):Leave blank if not applicableDate of BirthMonth123456789101112Day12345678910111213141516171819202122232425262728293031Year202420232022202120202019201820172016201520142013201220112010200920082007200620052004200320022001200019991998199719961995199419931992199119901989198819871986198519841983198219811980197919781977197619751974197319721971197019691968196719661965196419631962196119601959195819571956195519541953195219511950194919481947194619451944194319421941194019391938193719361935193419331932193119301929192819271926192519241923192219211920Child Guest(s)* Name(s):Leave blank if not applicableDate of BirthMonth123456789101112Day12345678910111213141516171819202122232425262728293031Year202420232022202120202019201820172016201520142013201220112010200920082007200620052004200320022001200019991998199719961995199419931992199119901989198819871986198519841983198219811980197919781977197619751974197319721971197019691968196719661965196419631962196119601959195819571956195519541953195219511950194919481947194619451944194319421941194019391938193719361935193419331932193119301929192819271926192519241923192219211920*Child Guests are considered persons 12 years of age and under.Full Permanent Home Address:(Required) Street Address Address Line 2 City State / Province / Region ZIP / Postal Code AfghanistanAlbaniaAlgeriaAmerican SamoaAndorraAngolaAnguillaAntarcticaAntigua and BarbudaArgentinaArmeniaArubaAustraliaAustriaAzerbaijanBahamasBahrainBangladeshBarbadosBelarusBelgiumBelizeBeninBermudaBhutanBoliviaBonaire, Sint Eustatius and SabaBosnia and HerzegovinaBotswanaBouvet IslandBrazilBritish Indian Ocean TerritoryBrunei DarussalamBulgariaBurkina FasoBurundiCabo VerdeCambodiaCameroonCanadaCayman IslandsCentral African RepublicChadChileChinaChristmas IslandCocos IslandsColombiaComorosCongoCongo, Democratic Republic of theCook IslandsCosta RicaCroatiaCubaCuraçaoCyprusCzechiaCôte d'IvoireDenmarkDjiboutiDominicaDominican RepublicEcuadorEgyptEl SalvadorEquatorial GuineaEritreaEstoniaEswatiniEthiopiaFalkland IslandsFaroe IslandsFijiFinlandFranceFrench GuianaFrench PolynesiaFrench Southern TerritoriesGabonGambiaGeorgiaGermanyGhanaGibraltarGreeceGreenlandGrenadaGuadeloupeGuamGuatemalaGuernseyGuineaGuinea-BissauGuyanaHaitiHeard Island and McDonald IslandsHoly SeeHondurasHong KongHungaryIcelandIndiaIndonesiaIranIraqIrelandIsle of ManIsraelItalyJamaicaJapanJerseyJordanKazakhstanKenyaKiribatiKorea, Democratic People's Republic ofKorea, Republic ofKuwaitKyrgyzstanLao People's Democratic RepublicLatviaLebanonLesothoLiberiaLibyaLiechtensteinLithuaniaLuxembourgMacaoMadagascarMalawiMalaysiaMaldivesMaliMaltaMarshall IslandsMartiniqueMauritaniaMauritiusMayotteMexicoMicronesiaMoldovaMonacoMongoliaMontenegroMontserratMoroccoMozambiqueMyanmarNamibiaNauruNepalNetherlandsNew CaledoniaNew ZealandNicaraguaNigerNigeriaNiueNorfolk IslandNorth MacedoniaNorthern Mariana IslandsNorwayOmanPakistanPalauPalestine, State ofPanamaPapua New GuineaParaguayPeruPhilippinesPitcairnPolandPortugalPuerto RicoQatarRomaniaRussian FederationRwandaRéunionSaint BarthélemySaint Helena, Ascension and Tristan da CunhaSaint Kitts and NevisSaint LuciaSaint MartinSaint Pierre and MiquelonSaint Vincent and the GrenadinesSamoaSan MarinoSao Tome and PrincipeSaudi ArabiaSenegalSerbiaSeychellesSierra LeoneSingaporeSint MaartenSlovakiaSloveniaSolomon IslandsSomaliaSouth AfricaSouth Georgia and the South Sandwich IslandsSouth SudanSpainSri LankaSudanSurinameSvalbard and Jan MayenSwedenSwitzerlandSyria Arab RepublicTaiwanTajikistanTanzania, the United Republic ofThailandTimor-LesteTogoTokelauTongaTrinidad and TobagoTunisiaTurkmenistanTurks and Caicos IslandsTuvaluTürkiyeUS Minor Outlying IslandsUgandaUkraineUnited Arab EmiratesUnited KingdomUnited StatesUruguayUzbekistanVanuatuVenezuelaViet NamVirgin Islands, BritishVirgin Islands, U.S.Wallis and FutunaWestern SaharaYemenZambiaZimbabweÅland Islands Country Email Address(Required) Vehicle Make/ModelLeave blank if not applicableVehicle License Plate #:Leave blank if not applicableEmergency Contact Name:(Required)Relationship:(Required)Emergency Contact Phone number:(Required)1. I/We expressly acknowledge and agree that my/our attendance at the Villas and participation in the activities of the Villas may involve the risk of serious injury and/or death and/or property damage. 2. I am/We are fully aware of the risks and hazards inherent in my/our attendance at the Villas and participation in the activities of the Villas. I/We voluntarily, knowingly and freely assume all risks associated with participating in the activities of the Villas and entering the Premises, including, but not limited to, my own actions or inactions (and the actions or inactions of my minor child/ward), the actions or inactions of others (including but not limited to the Villas owners, officers, directors, managers, staff, volunteers or visitors), falls, injuries, illnesses, infections, contact with others (including but not limited to the Villas owners, officers, directors, managers, staff, volunteers or visitors), navigating any and all obstacles and any defects of the Premises. 3. I/We represent and warrant to the Releasees that I am/we are in good physical condition, am able to safely participate in the activities of the Villas and have no medical condition that would make my participation in the activities of the Villas more hazardous. 4. If I am/we are pregnant, have a disability in any capacity and/or have recently experienced an illness or injury; I/we consulted a physician before participating in the activities of the Villas. 5. I/We consent to medical care and transportation in order to obtain treatment in the event of injury and/or illness to me/us as the Villas owners, officers, directors, managers, staff, volunteers or other medical professionals may deem appropriate and understand that this Waiver extends to any liability arising out of or in any way connected with such medical treatment and transportation. 6. I/We understand and agree that I am/we are expected to exhibit appropriate behaviour at all times while I am/we are attending the Premises and while I am/we are participating in the activities of the Villas to obey all local, provincial and federal laws, both criminal and civil. This includes, generally, respect for other people, equipment, facilities and property. 7. I/We understand and agree that I/we may not bring weapons, illegal substances, recreational drugs or alcohol to the Premises. 7.b) I/We understand and agree that I/we may not smoke or vape within the villas and surrounding areas. Smoking and vaping can only be done in the designated area. Soper Creek Wilderness Villas is a wellness resort, promoting healthy lifestyles among individuals and the environment. Individuals believed to have smoked or vaped within a villa will be charged $1,000 cleaning and purifying charge in order to provide a clean and safe environment for the next guests. 8. I/We understand and agree that the Releasees are not responsible for any personal item or property that is lost, damaged or stolen while I am/we are participating in the activities of the Villas or on the Premises. 9. I/We recognize and acknowledge that there are hazards and risks of physical injury and/or illness to myself in attending the Premises and participating in the activities of the Villas and that not all such hazards or risks can be fully eliminated. I/we freely and voluntarily agree to assume the full risk of death, bodily injury or property damage, regardless of severity, that I/we may sustain as a result of my participation in the activities of the Villas or attendance at the Premises, howsoever arising, including, but not limited to, the active or passive negligence of the Releasees. 10. I/We agree to indemnify the Releasees from any and all third party claims, howsoever arising, for any loss, liability, damage and/or cost they might incur, including, but not limited to, claims arising in whole or in part by my/our negligent or intentional acts or omissions while participating in the activities of the Villas or attending the Premises. 11. I/We indemnify and hold harmless the Releasees from any loss, liability, damage and/or cost they may incur while I am/we are participating in the activities of the Villas or while attending the Premises, howsoever arising, including, but not limited to, being caused by the negligence of the Releasees. 12. I/We hereby and forever release, waive, discharge and covenant not to sue the Releasees for any injury or damage to me/us, my/our 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 contract or in tort, or otherwise, whether known or unknown, arising out of or connected with my/our, participation in the activities of the Villas or while attending the Premises, howsoever caused, including, but not limited to being caused by the negligence of the Releasees. 13. I/We hereby and forever release, waive, discharge and covenant not to sue the Releasees for any injury or damage to me/us, my/our 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, whether known or unknown, arising out of or connected with my/our participation in the activities of the Villas or attending 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/We 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 provincial or in federal court in Ontario. I/We expressly consent to the exercise of personal jurisdiction in connection with any dispute with the Releasees arising from my/our participation in the activities of the Villas or while on the Premises of the Villas. 15. I/We 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/We understand and agree that I/We will be held fully responsible of any personal injures and damages caused while using the ATV/UTV or other motorized vehicles – Property of Soper Creek Wilderness Villas – 6706 Gibbs Road, Bowmanville Ontario, L1C 3K6. 17. I/We acknowledge that in contract disputes, any ambiguity within the contract is generally interpreted against the contract drafter. However, with this knowledge, I/we do hereby agree that any ambiguity within this Waiver is to be interpreted in favour of the Villas. THE 2019 NOVEL CORONAVIRUS (COVID-19) ACKNOWLEDGEMENT AND ASSUMPTION OF RISK18. I am/We are currently not experiencing COVID 19 symptoms nor have I/we had COVID-19 symptoms in the last 14 days.19. I/We have not travelled outside of Canada or in an area under a travel health advisory in the last 14 days.20. I/We have not provided care or had close contact with any person with COVID-19 or with any person reasonably suspected of having COVID-19 or with any person who travelled outside of Canada in the last 14 days or with any person who travelled in an area under a travel health advisory in the last 14 days.21. I/We represent and warrant to the Releasees that I/we have not been advised by the Government of Canada or Ontario Public Health or my/our doctor or the Ontario Ministry of Health website to self-isolate due to possible exposure to COVID-19.22. I am/We are fully aware of the risks and hazards with respect to COVID-19 inherent in my/our attendance at the Premises and participation in the activities of the Villas.23. I/We freely and voluntarily agree to assume the risk with respect to COVID-19, including the risk of death, bodily injury or property damage, regardless of severity, that I/we may sustain as a result of my participation in the activities of the Villas or attendance at the Premises, howsoever arising, including, but not limited to, the active or passive negligence of the Releasees. I/We understand that there are inherent and unforeseen risks involved in participating in the activities of the Villas or while attending the Premises. I/We have read this document in its entirety and fully understand its terms. I/We understand that I am/we are giving up substantial legal rights by signing below, including the right to sue the Releasees. I/We acknowledge that I am/we are 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 Villas or while attending the Premises.Signature(Required)CommentsThis field is for validation purposes and should be left unchanged.
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