R28, 2024-09-03

NOTE: Eagle Eye Adventures does not accept paper waivers, please submit electronically.

EAGLE EYE ADVENTURES RELEASE OF LIABILITY, WAIVER OF CLAIMS

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT (the “AGREEMENT”) BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION. PLEASE READ CAREFULLY DEFINED TERMS AND PHRASES: 

In this Agreement: Eagle Eye Adventures means a Whale watching and wildlife watching tour, in and near the Discovery Islands and a Grizzly bear tour in Toba Inlet by Krynen Holdings, Dba. Eagle Eye Adventures, Campbell River, British Columbia. “Minor in my Care” means any person who is under the age of nineteen (19), whether such person is my child, accompanying me on a Whale watching and wildlife watching tour, near the Discovery Islands and a Grizzly bear tour in Toba Inlet. 

ASSUMPTION AND UNDERSTANDING OF RISKS: 

In consideration of my participation, and of the participation of any Minor in my Care, in a Whale watching and Wildlife watching tour, near the Discovery Islands and a Grizzly bear tour in Toba Inlet, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I agree as follows: I hereby understand and acknowledge that participation in a Whale watching and wildlife watching tour, near the Discovery Islands and a Grizzly bear tour in Toba Inlet involves numerous risks, dangers, and hazards and that any incidents, illnesses or injuries that may occur on a Whale watching and wildlife watching tour, near the Discovery Islands and a Grizzly bear tour in Toba Inlet may occur in isolated locations without access to nearby medical facilities. I am aware that these risks, dangers, and hazards include, but are not limited to:

Slipping and falling over wet or unstable surfaces; water hazards associated with ocean travel on a small vessel; nature hazards including exposure to extreme temperature, weather, and wildlife; vessel or vehicle collisions or accidents; and equipment failure or damage caused by equipment.

I agree not to attend an Eagle Eye Adventures Tour if I exhibit any of the symptoms of COVID-19, such as fever, cough, and difficulty breathing, and to take all necessary precautions to mitigate COVID-19 transmission risks while on an Eagle Eye Adventures Tour, including but not limited to frequent handwashing with soap and water or alcohol-based hand sanitizer whenever possible; coughing and sneezing into elbow or tissue; avoiding contact with eyes, nose, and mouth; maintaining physical distancing rules of two (2) meters or six (6) feet whenever possible.

I understand and acknowledge that while the above precautions may mitigate the spread of COVID-19, they cannot absolutely prevent it. I am aware that any and all such risks, dangers, and hazards may be incurred traveling to and from, as well as during an Eagle Eye Adventures Tour. I am also aware that any and all such risks, dangers, and hazards could result in serious injury, death, and property damage, but cannot be fully eliminated without jeopardizing the essential qualities of an Eagle Eye Adventures Tour. 

I ACKNOWLEDGE THAT I HAVE READ THE FOREGOING AND UNDERSTAND THAT ANY AND ALL SUCH RISKS, DANGERS, AND HAZARDS MAY BE COMPOUNDED OR INCREASED BY ANY NEGLIGENT ACT OR OMISSION BY EAGLE EYE ADVENTURES. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL SUCH RISKS, DANGERS, AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND LOSS RESULTING THEREFROM. RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT: I hereby agree to WAIVE, FOR MYSELF AND ANY MINOR IN MY CARE, ANY AND ALL CLAIMS I have, or any Minor in my Care has, or may in the future have AGAINST EAGLE EYE ADVENTURES and to RELEASE EAGLE EYE ADVENTURES FROM ANY AND ALL LIABILITY for any loss, damage, expense or injury, including death, that I or a Minor in my Care may suffer, as a result of participating in an EAGLE EYE ADVENTURES Tour, and to HOLD HARMLESS AND INDEMNIFY EAGLE EYE ADVENTURES from and against all claims, actions, costs, expenses and demands in respect to death, injury, loss or damage to any person or property, and/or the person or property of any Minor in my Care, participating in such EAGLE EYE ADVENTURES Tour, due to any cause whatsoever, including but not limited to negligence, breach of contract, or breach of any statutory or other duty of care, including any duty of care owed under the Occupiers Liability Act, R.S.B.C. 1996, c 337 or any other applicable statute, on the part of EAGLE EYE ADVENTURES, and further including but not limited to the failure on the part of EAGLE EYE ADVENTURES to take reasonable steps to safeguard or protect me and any Minor in my Care from any and all risks, dangers and hazards of participating in a EAGLE EYE ADVENTURES Tour. I understand this Agreement is to be binding on myself, my heirs, executors, and assigns. 

I HEREBY EXPRESSLY AGREE TO ACCEPT AND ASSUME, FOR MYSELF AND FOR ANY MINOR IN MY CARE, ANY AND ALL RISKS, DANGERS, AND HAZARDS. My participation and the participation of any Minor in my Care in an EAGLE EYE ADVENTURES Tour and my use or receipt of the services, facilities, and equipment in relation thereto is purely voluntary and I/we elect to participate, use or receive the same in spite of any and all risks, dangers and hazards. I and any Minor in my Care agree to bear all the costs of any resulting injury or damage. I am also willing to assume the risk of any medical or physical condition I, or any Minor in my Care, may have, whether disclosed or undisclosed to Eagle Eye Adventures. 

I hereby agree that this Agreement EXTENDS TO ALL ACTS OF NEGLIGENCE by Eagle Eye Adventures, and is intended to be as broad and inclusive as is permitted by the laws of the Province of British Columbia and of Canada and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. 

I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP ESSENTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO FROM WAY WEST AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. 


I understand that my signature below binds me individually (on behalf of myself and of any Minor in my Care) to the foregoing

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