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RELEASE OF LIABILITY, WAIVER OF CLAIMS AND ASSUMPTION OF RISKS

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 wake surfing, stand-up paddle boarding (SUP) and other water sport activities (collectively, the “Activity”) provided by BLUE BUBBLE WAKESURF INC. (dba. Blue Bubble Wake Surf), a British Columbia corporation (the “Company) with registered office of 1500 West Georgia Street, Suite 480, Vancouver, BC V6G 2Z6. FOR LAWFUL CONSIDERATION of the premises, covenants, and agreements hereinafter set forth and other good and valuable consideration now paid by each party to the other party, the receipt and sufficiency of which is hereby acknowledged and agreed upon by the parties, I agree to all the terms and conditions set forth in the agreement (this “Agreement”).

  1. I am the nineteen (19) years of age or more at the time of executing this agreement. If I am not nineteen (19) years of age or more at the time of signing this, a parent or legal guardian who has authority over me has read, understood, agreed to, and signed this agreement on my behalf.
  1. I am aware and understand that the Activity is a potentially dangerous activity and involves the risk of serious injury, disability, death, or property damage. I am also aware of the highly contagious nature of bacterial and viral diseases including the 2019 novel coronavirus disease (COVID-19) (collectively, the “Disease”) and the risk that I may be exposed to or contract the Disease or other infectious diseases by engaging in the Activity, which may result in serious illness, personal injury, disability, death, or property damage. I confirm that I am responsible for the costs associated with the damage or failure of equipment and mechanical issues with the marine vehicle, its associated equipment, and Activity paraphernalia provided to me by the Company, while they are in my possession, where I have acted reckless or negligent. I confirm that I will be held responsible by the Company for any maintenance fees, costs associated with damage and third-party fees, such as tugboat services where I have acted recklessly or negligently. I understand and acknowledge that these risks may result from, amplified, or be compounded by actions, omissions, negligence or other factors in respect of the Company and that, while the Company has sought to minimize risks associated with the Activity, the Company cannot eliminate all risks, which includes the Company’s inability to mount emergency responses or rescue operations, and that such endeavours are within the sole scope of qualified authorities and its personnel. I further understand that while the Company has implemented measures to reduce the risk of injury from the Activity and the spread of the Disease, the Company cannot guarantee that I will not be injured or become infected with the Disease due to my participation in the Activity. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, COSTS OR PROPERTY DAMAGE ARISING FROM MY ENGAGING IN THE ACTIVITY, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.
  1. I hereby expressly waive and release any and all claims which I have or may in the future have, against the Company, and it’s officers, directors, employees, agents, representative, affiliates, shareholders, successors, and assigns (collectively, “Releasees”), on account of injury, illness, disability, death, or property damage arising out of or attributable to the Activity, whether arising out of the negligence of the Company or any other Releasees or otherwise, including without limitation, breach of contract, or breach of any statutory or other duty of care. I covenant not to make or bring any such claim against the Company or any other Releasees, and forever release and discharge the Company and all other Releasees from liability under such claims.
  1. I confirm that I am: (a) in good health, in proper physical condition, and do not have any medical or other conditions that would impair my ability to participate in the Activity; and (b) not experiencing symptoms of the Disease (such as cough, shortness of breath, or fever), do not have a confirmed or suspected case of the Disease, and have not come in contact in the last fourteen (14) days with a person who has confirmed or suspected of having the Disease. I will comply with all federal, provincial, and local laws, orders, directives, and guideline related to the Activity and the Disease while participating in the Activity. I will also follow all instructions, recommendations, and cautions of the Company at all times during the Activity. If at any time I believe conditions to be unsafe, that I am no longer in proper physical condition to participate in the Activity, or I begin to experiencing symptoms of the Disease, I will immediately discontinue further participation in the Activity.
  1. I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses or whatever kind, including reasonable legal fees, fess, and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by the Company, or any other Releasees in a final judgment, arising out or resulting from any claim of a third party related to the Activity.
  1. This Agreement constitutes the sole and entire agreement of the Company 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 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 inure to the benefit of the Company and me and our respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance to the laws of the Province of British Columbia and the federal laws of Canada applicable therein; without giving effect to any choice or conflict of law provision or rule (whether of the Province of British Columbia or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brough only in the courts of the Province of British Columbia, and I hereby consent to the exclusive jurisdiction of such courts.

BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE THE COMPANY AND THE RELEASEES.

 

Legal Name:

 

 

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Residential Address:

 

 

 

 

 

 

 

Phone Number:

 

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Signature:

 

Date of Signature:

 

 

 

 

 

 

 

EMERGENCY CONTACT

 

Name: __________________________________________ Relationship: _____________________________

 

Phone Number: __________________________________ Email: ___________________________________

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