EXCLUSION OF LIABILITY AND ASSUMPTION OF RISK VOLUNTARY ASSUMPTION OF RISKS 

By using the premises occupied by the Squamish Windsports Society (the “Society”) or its services and amenities, you indicate that you are aware that windsports involve inherent risks, dangers and hazards including, but not limited to, personal injury and property damage, which may occur during travel along, to, and from the Squamish Spit, including during transport to and from the Spit in motorized watercraft operated by the Society (collectively, the “Acknowledged Risks”), and voluntarily agree to waive certain rights, as detailed further below. 

Access to the Spit is dependent on your waiver of liability for the Acknowledged Risks for the benefit of the Society, the District of Squamish, His Majesty the King, and their officers and servants, directors, employees, agents, representatives and volunteers and their heirs, administrators, executors, servants, successors and assigns (collectively, the “Releasees”). 

In particular, and in consideration for your use of the Spit, as operated by the Society, YOU HEREBY AGREE AS FOLLOWS: 

I AGREE TO WAIVE ANY AND ALL CLAIMS, TO ASSUME ALL RISKS, AND TO RELEASE THE RELEASEES of and from personal injury, death. property loss or damage resulting from any cause whatsoever, including but not limited to the Acknowledged Risks, AND INCLUDING 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 THE RELEASEES. I FURTHER UNDERSTAND THAT NEGLIGENCE INCLUDES THE FAILURE ON PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME OR MY PROPERTY FROM THE RISKS, DANGERS, AND HAZARDS OF WINDSPORTS AND TRANSPORT TO AND FROM THE SPIT. 

I UNDERSTAND that the Society does not offer gear storage, moorage, or other services related to the storage, anchorage, or safekeeping of personal watercraft, including watercraft used to transport myself, my property, other people, and/or the property of others to and from the Spit, and as such, I expressly acknowledge that my waiver of claims as against the Releasees includes any damage or injury which occurs as a result of, or during the course of, my storage, moorage, or anchorage of personal watercraft aft the Spit. 

I AGREE TO HOLD HARMLESS AND INDEMNIFY the Releasees from any and all actions, claims, demands, damages, interest, costs, expenses and compensation of whatsoever kind and howsoever arising, whether known or unknown, and which I have now or at any time hereafter, can, shall or may have in any way arising from or in connection with my use of or access to the Spit. 

I AGREE to uphold the Bylaws and Policies of the Society. 

I FURTHER AGREE THAT this Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia, and no other jurisdiction; any litigation arising out of this Release Agreement or connected in any manner to your use of the Spit shall be brought solely within the Province of British Columbia. 

PLEASE BE ADVISED THAT ACCESS TO THE SPIT AND USE OF ANY SERVICE OFFERED BY THE SOCIETY WAIVES CERTAIN LEGAL RIGHTS WHICH YOU OR YOUR HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.