Otter Pointe Liability Waiver
The term “Otter Pointe” in this waiver refers to the grounds, campsites, amenities, equipment, bodies of water, and structures related to the Otter Pointe premises located at 8863 Hwy 17 E, Rutherglen, ON. By agreeing to this, you acknowledge this waiver extends to Otter Pointe and its affiliates, owner(s), managers, members, agents, attorneys, employees, staff, volunteers, heirs, executors, administrators, representatives, predecessors, successors and assigns.
Please read this document (the “Otter Pointe Liability Waiver”) carefully, as it affects your future legal rights:
- I expressly acknowledge and agree that my attendance at Otter Pointe and participation in the activities of Otter Pointe may involve the risk of serious injury and/or death and/or property damage.
- I am fully aware there are risks and hazards inherent in my attendance at Otter Pointe and participation in the activities of Otter Pointe and I voluntarily, knowingly and freely assume all risks – known and unknown – associated with participating in the activities of Otter Pointe and entering Otter Pointe, including, but not limited to, my own actions or inactions (or the actions or inactions of my minor child/ward), the actions or inactions of others (including but not limited to Otter Pointe owners, officers, directors, managers, staff, volunteers or visitors), falls (e.g. on slippery surfaces such as ice on the pathways), injuries, illnesses, infections, drowning, falling through ice, contact with animals or other people (including but not limited to the Otter Pointe owners, officers, directors, managers, staff, volunteers or visitors), navigating any and all obstacles and any defects of Otter Pointe.
- I represent and warrant to the Releasees that I am in good physical condition, am able to safely participate in the activities of Otter Pointe and have no medical condition that would make my participation in the activities of Otter Pointe more hazardous.
- If I am pregnant, disabled in any way or have recently suffered an illness or injury; I consulted a physician before participating in the activities of Otter Pointe.
- I consent to medical care and transportation in order to obtain treatment in the event of injury to me as Otter Pointe owners, officers, directors, managers, staff, volunteers or other medical professionals may deem appropriate and understand that this Waiver extends to any liability arising out of or in any way connected with such medical treatment or transportation.
- I understand and agree that I am expected to exhibit appropriate behavior at all times while I am attending Otter Pointe and while I am participating in the activities of Otter Pointe, and to obey all local, provincial and federal laws, both criminal and civil. This includes, generally, respect for other people, equipment, facilities or property, as well as the policies of Otter Pointe.
- I understand and agree that I may not bring weapons or illegal substances to Otter Pointe. I understand the water at Otter Pointe is not supervised, by a lifeguard or otherwise.
- I understand and agree that the Releasees are not responsible for any personal item or property that is lost, damaged or stolen while I am participating in the activities of Otter Pointe or on Otter Pointe.
- I recognize and acknowledge that there are hazards and risks of physical injury or illness to myself in attending Otter Pointe and participating in the activities of Otter Pointe and that not all such hazards or risks can be fully eliminated. I freely and voluntarily agree to assume the full risk of death, bodily injury, or property damage, regardless of severity, that I (or my child/ward) may sustain as a result of my participation in the activities of Otter Pointe or attendance at Otter Pointe, howsoever arising, including, but not limited to, the active or passive negligence of the Releasees.
- I agree to indemnify the Releasees from any and all third-party claims, howsoever arising, for any loss, liability, damage or cost they might incur, including, but not limited to, claims arising in whole or in part by my negligent or intentional acts or omissions while participating in the activities of Otter Pointe or attending Otter Pointe.
- I indemnify and hold harmless the Releasees from any loss, liability, injury, death, illness, or damage or cost they may incur while I am participating in the activities of Otter Pointe or while attending Otter Pointe, howsoever arising, including, but not limited to, being caused by the negligence of the Releasees.
- I hereby and forever release, waive, discharge and covenant not to sue the Releasees for any injury or damage to me, my personal representatives, assigns, heirs and next of kin, for any claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, present or future, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with my (or my minor/ward’s) participation in the activities of Otter Pointe or while attending Otter Pointe, howsoever caused, including, but not limited to being caused by the negligence of the Releasees.
- I hereby and forever release, waive, discharge and covenant not to sue the Releasees for any injury or damage to me, my personal representatives, assigns, heirs and next of kin, for any claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, present or future, whether known or unknown, arising out of or connected with my (or my minor/ward’s) participation in the activities of Otter Pointe or attending the Otter Pointe, under the terms of any statute, including, but not limited to, any claims under the Occupiers’ Liability Act, R.S.O. 1990, c. O.2, as amended; and, the Negligence Act, R.S.O. 1990, c. N.1, as amended.
- I understand and acknowledge that the laws of the Province of Ontario shall apply to all matters relating to this Waiver regardless of the activity location, that the exclusive jurisdiction for any dispute with the Releasees resides in provincial or in federal court in Ontario. I expressly consent to the exercise of personal jurisdiction in connection with any dispute with the Releasees arising from my participation in the activities of the Campground or while attending Otter Pointe.
- I expressly agree that this Waiver is intended to be as broad and inclusive as permitted by the law of the Province of Ontario, and that the invalidity or unenforceability of any term of this Waiver does not affect the validity or enforceability of any other term. Any invalid term will be treated as severed from the remaining terms.
- I acknowledge that in contract disputes, any ambiguity within the contract is generally interpreted against the contract drafter. However, with this knowledge, I do hereby agree that any ambiguity within this Waiver is to be interpreted in favour of Otter Pointe.
- I have read this document in its entirety and fully understand its terms. We understand that we are giving up substantial legal rights by signing below, including the right to sue the Releasees. I, on behalf of myself and all persons listed below, acknowledge that I am signing this agreement freely and voluntarily and intend my signature to be a waiver and complete and unconditional release of all liability due to the negligence of the Releasees or, the inherent risks of participating in the activities of the Campground or while attending the Premises.