Disclaimer and Liability
In consideration of being permitted to participate in the activities of the Nicholas Dean Outdoors Inc.(“Lodge”) for the purposes of lodging, fly fishing, hiking, being transported to and from the Lodge either for guiding/fishing or on the date of arrival or departure, for lodging itself, boating, fly fishing, snowmobile riding, camping, while in Terrace, BC and the surrounding area the Lodge serves, either at Pioneer Lodge or away from the Lodge being guided, and run and/or operated by Nicholas Dean Outdoors Inc. (the ‘Releasee’) of PO Box 434, Terrace, BC. V8G 4B1, I, the Customer, (the ‘Releasor’) WAIVE, RELEASE, and DISCHARGE the Releasee, his heirs, executors, administrators, legal representatives and assigns from all liability for or by reason of any damage, loss or injury to person and property, even injury resulting in the death of the Releasor, which has been or may be sustained in consequence of the Releasor’s participation in the activity described above, and notwithstanding that such damage, loss or injury may have been caused solely or partly by the negligence of the Releasee.
I hereby acknowledge and agree that I have carefully read this Waiver and Release agreement, that I fully understand same, and that I am freely and voluntarily executing same by accepting the terms of sale through payment for this stay at the Lodge.
By approving payment, and by the Lodge accepting and processing payment for said trip to the Lodge I will be forever prevented from suing or otherwise claiming against the Releasee for any property loss or personal injury that I may sustain while participating in or preparing for the above noted activity.
I have been given the opportunity and have been encouraged to seek independent legal advice prior to the execution of this Waiver and Release agreement.
I understand that I would not be permitted to participate in the above noted activity unless I paid my deposit and acknowledged acceptance of the Trip Confirmation which included this Waiver and Release agreement.
I understand that this Waiver and Release agreement is binding on me, my spouse, my heirs, my executors, administrators, personal representatives and assigns.
I acknowledge that I do not have any physical limitations, medical ailments, physical or mental disabilities that would limit or prevent me from participating in the above mentioned activity, and, if required, will obtain a medical examination and clearance.
This Waiver and Release Agreement will be construed in accordance with and governed by the laws of the Province of British Columbia, and it is acknowledged by the Releasor to be as broad and inclusive as permitted by the laws of this jurisdiction.
I HAVE READ AND UNDERSTAND THIS AGREEMENT, AND I AM AWARE THAT BY ACCEPTING AND PAYING THE TRIP DEPOSIT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS MAY HAVE AGAINST THE RELEASEE(S)