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

WAIVER OF CLAIMS, RELEASE OF LIABILITY, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT FOR BEAR WATCHING TOUR

THIS AGREEMENT WILL AFFECT YOUR LEGAL RIGHTS

BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE. YOU WILL AGREE TO ASSUME RESPONSIBILITY FOR CERTAIN RISKS AND AGREE TO FULLY INDEMNIFY KLAHOOSE RESORT LIMITED PARTNERSHIP AND CERTAIN AFFILIATED ENTITIES AGAINST LEGAL LIABILITY FOR INJURY, PROPERTY DAMAGE, AND ILLNESS.

I, the undersigned participant (or the parent or guardian of the participant where the participant is less than 19 years of age), understand that this Agreement is made for the benefit of the Klahoose First Nation, including its Chiefs, counsellors, and representatives, the Klahoose Resort Limited Partnership, by its general partner Klahoose Resort Inc. doing business as Klahoose Wilderness Resort and/or Klahoose Coastal Adventures, and all their affiliated companies, as well as their respective partners, employees, guides, agents, contractors, owners, shareholders, directors, representatives and officers including each of their respective heirs, executors, personal representatives, administrators, successors and assigns (together, “Klahoose”).

I understand that Klahoose will not permit me to participate in a bear-watching tour (the “Activity”) unless and until I sign this agreement.

In consideration of Klahoose permitting me to participate in the Activity, I acknowledge and agree to the following terms:

1. ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS

I understand that while Klahoose takes every precaution to ensure a safe, fun, and educational experience, there are potential risks, dangers, and hazards associated with the Activity (the “Risks”) including but not limited to personal injury, death, property damage or illness resulting from:

• Slips and falls while getting into or out of a float plane or boat
• Loss of balance
• Impacts, collisions or accidents involving boats, vehicles, or equipment
• Travel to and from the Activity
• Firearms
• Encounters with wild animals
• Changing and inclement weather conditions including storms, high wind, high waves, and lightning
• Variation in water conditions, surfaces and currents
• Communicable diseases including but not limited to Covid-19
• Negligence on the part of other participants
• Negligence on the part of other tour operators or providers
• Negligence on the part of Klahoose, including the failure on the part of Klahoose to safeguard or protect me from the Risks

I understand the Risks may be relative to my state of fitness and health, including physical, mental and emotional condition, the awareness, care and skill with which I conduct myself, and the weather and sea conditions, which may change without notice.

I acknowledge that I am in the best position to assess the impact that the Risks may have on me.

I further understand that the Activity takes place in and around Toba Inlet, which is a remote area with no medical services readily available.

I agree that if I require medical treatment or emergency assistance while I am engaging in the Activity, it is my responsibility to seek appropriate medical attention.

I understand and acknowledge that any medical treatment or emergency assistance that I require while participating in the Activity is not the responsibility of Klahoose, but I confirm that Klahoose is authorized to arrange transportation for me to any medical facility in the event of an emergency, and acknowledge that I am responsible for all costs of a rescue or medical attention rendered to me.

I further acknowledge that I have been advised to carry pertinent health and medical information on my person at all times.

2. WAIVER OF CLAIMS, RELEASE OF LIABILITY, ASSUMPTION OF RISKS AND INDEMNITY

In consideration of Klahoose allowing me to participate in the Activity, I agree:

• To waive any and all claims that I may have now or in the future against Klahoose, whatsoever and howsoever arising
• To freely accept and fully assume all Risks and possibility of personal injury, loss of life, property damage, illness and disease, expense and related loss, including loss of income, resulting from my participation in the Activity
• To forever release, remise, discharge, indemnify and hold harmless Klahoose from and against any and all liability whatsoever for any loss, damage, actions, claims, suits, proceedings, costs including legal fees and related expenses on a solicitor and own client basis, charges, demands, expenses, or any other proceedings whatsoever brought or suffered by any person whether in respect of injury to persons including death or damage to or loss of property (collectively, the “Claims”) that might arise out of, result from, or relate to my participation in the Activity, even though such Claims may have been caused by any manner whatsoever, including but not limited to the negligence, gross negligence, negligent rescue, omissions, carelessness, breach of contract and/or breach of any statutory or other duty including but not limited to the Occupiers Liability Act, R.S.B.C. 1996, c. 303 of Klahoose
• That Klahoose is not responsible or liable for any damage to my property or equipment that may occur during the Activity
• That negligence includes failure on the part of Klahoose to take reasonable steps to safeguard or protect me from the risks, dangers and hazards associated with the Activity

3. REPRESENTATIONS

I am not relying on any oral, visual or written representations or statements made by Klahoose with respect to the safety of the Activity other than what is set forth in this Agreement.

4. JURISDICTION

I agree that this Agreement and all terms contained within are governed by the laws of the Province of British Columbia.

I hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of British Columbia.

Any litigation in any way relating to the Activities or to the matters addressed in this Agreement must be instituted in the Province of British Columbia.

5. SEVERABILITY

If any provision or part of any provision in this Agreement is unenforceable, such provision or part of such provision shall be severed and shall be inoperative, and the remainder of this Agreement shall remain in full force and effect.

ACKNOWLEDGEMENT

I CONFIRM THAT I HAVE HAD SUFFICIENT TIME TO READ THIS AGREEMENT IN ITS ENTIRETY, INCLUDING ALL OF ITS TERMS, THAT I FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT AND HAVE AGREED TO THE TERMS FREELY AND VOLUNTARILY.

I UNDERSTAND THAT THIS AGREEMENT IS BINDING ON ME, MY EXECUTORS AND ADMINISTRATORS.

Please select who will be participating: