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

KLAHOOSE GRIZZLY TOUR RELEASE OF LIABILITY, WAIVER OF CLAIMS

Notice to Bear-Watching Tour Participants, Parents, and Guardians

PLEASE READ CAREFULLY – BY SIGNING THIS LEGAL DOCUMENT YOU ARE GIVING UP SIGNIFICANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT

TAKE THE TIME TO REVIEW THIS DOCUMENT CAREFULLY AND FAMILIARIZE YOURSELF WITH THE RISKS ASSOCIATED WITH BEAR-WATCHING TOURS. IF YOU DO NOT WISH TO SIGN THIS DOCUMENT, YOU ARE ENTITLED TO A FULL REFUND.

RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT

HEREINAFTER REFERRED TO AS THE “RELEASE AGREEMENT”

In partial consideration of my participating, and of the participation by any Minor in my Care, in a Bear-Watching Tour, I agree as follows:

DEFINED TERMS AND PHRASES

In this Release Agreement:

• “Bear-Watching Tour” means a Klahoose Resort Limited Partnership bear-watching tour. Dba Klahoose Coastal Adventures;
• “Klahoose” means Klahoose Resort Limited Partnership and affiliated business entities and its and their directors, officers, agents, employees, contractors, and representatives, as well as the Klahoose Indian Band and its Chief and Councillors and agents, employees, contractors, and representatives;
• “Minor in my Care” means any person who is under the age of 19 (nineteen), whether or not such person is my child, accompanying me on a Bear-Watching Tour.

ASSUMPTION AND UNDERSTANDING OF RISKS

I understand and acknowledge that to prevent the spread of infectious diseases, including but not limited to corona-viruses, I am required to at all times take the following precautions: no fever, no symptoms, passengers are required to adopt proactive hygiene habits and practices to reduce COVID-19 transmission risks. I understand and acknowledge that while the above measures may mitigate the spread of infectious diseases, they cannot prevent it.

I am aware that participating in a Bear-Watching Tour involves risks, dangers and hazards. Including but not limited to:

• slipping and falling;
• water hazards, ocean travel in a small boat, the risk of capsize, and drowning;
• forces of nature, rapid weather changes, and exposure to extreme temperature and weather, as well as wind and waves;
• equipment failure and dislodged or unsecured equipment or objects;
• injury from a bear or any other wildlife;
• discharge of a firearm;
• collision or accidents, including but not limited to any collision or accident involving any use of a Klahoose vehicle; • slippery or unstable surfaces;
• medical conditions brought on in part or in whole by my own (or that of a Minor in my Care’s) physical condition; • medical conditions brought on in part or in whole by the physical exertion associated with participating in a Bear Watching Tour;
• hypothermia; and
• accidents, illnesses, or injuries in places without nearby medical facilities, no matter how the accidents, illnesses, or injuries are caused. Including infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact.

I am aware that any and all such risks, dangers, and hazards can be incurred during the Bear-Watching Tour, travelling to the location of the Bear-Watching Tour, and after the Bear-Watching Tour. I am aware that any and all such risks, dangers, and hazards could result in serious injury, death, and property damage. I understand that any and all such risks, dangers, and hazards cannot be fully eliminated without jeopardizing the essential qualities of a Bear-Watching 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 KLAHOOSE, INCLUDING BUT NOT LIMITED TO RESCUE OPERATIONS OR PROCEDURES.

I AM AWARE OF AND UNDERSTAND THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH A BEAR-WATCHING TOUR. I FREELY ACCEPT AND FULLY ASSUME ALL 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 agree to WAIVE, FOR MYSELF AND FOR 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 KLAHOOSE and to RELEASE KLAHOOSE 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 a Bear Watching Tour, and to HOLD HARMLESS AND KEEP INDEMNIFIED KLAHOOSE from and against all claims, action, costs, expenses, and demands in respect to death, injury, loss, or damage to my person or property, and/or the person or property of any Minor in my Care, participating in such Bear-Watching 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, RSBC 1996, c 337 on the part of Klahoose, and further including but not limited to the failure on the part of Klahoose 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 the Bear-Watching Tour. I understand that this Agreement is to be binding upon myself, my heirs, executors and assigns.

I 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 a Bear-Watching Tour and my use or receipt of all 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 Klahoose.

I hereby agree that this Release Agreement EXTENDS TO ALL ACTS OF NEGLIGENCE by Klahoose, 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 RELEASE 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 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 Release Agreement.

Please select who will be participating: