Terms and Conditions

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

(To be executed by Participants over the Age of Majority)

WARNING! Please read carefully

By booking  you will waive certain legal rights – including the right to sue

1. This is a binding legal agreement. Clarify any questions or concerns before signing. As a participant in the services of Tranquil Temperatures on Timcw, ( “Activities”), the undersigned acknowledges and agrees to the terms outlined in this document.

Disclaimer

2. Tranquil Temperatures on Timcw, their respective owners/operators and employees, of the facilities in which the Activities take place, and representatives (collectively the “Company”) are not responsible for any injury, personal injury, damage, property damage, expense, loss of income or loss of any kind suffered by a Participant during, or as a result of, the Activities, caused in any manner whatsoever including, but not limited to, the negligence of the Company. 

I have read and agree to be bound by paragraphs 1 and 2

Description and Acknowledgement of Risks

3. I understand and acknowledge that 

a) The Activities have foreseeable and unforeseeable inherent risks, hazards and dangers that no amount of care, caution or expertise can eliminate, including without limitation, the potential for serious bodily injury, permanent disability, paralysis and loss of life; 

b) The Company has a difficult task to ensure safety and it is not infallible. The Company may be unaware of my fitness or abilities, may misjudge weather or environmental conditions, may give incomplete warnings or instructions, and the equipment being used might malfunction; and

4. I am participating voluntarily in the Activities. In consideration of my participation, I hereby acknowledge that I am aware of the risks, dangers and hazards associated with or related to the Activities. The risks, dangers and hazards include, but are not limited to:

a) Heat exhaustion

b) Hyperthermia 

c) Dehydration

d) The failure to properly use any piece of equipment or from the mechanical failure of any piece of equipment;

e) Abrasions, sprains, strains, fractures, or dislocations;

f) Concussion or other head injuries, including but not limited to, closed head injury or blunt head trauma;

g) Drowning;

h) Entering the water by either falling, diving or jumping;

i) Extended time in the water and/or underwater;

j) Failure to act safely or within my own ability or designated areas;

k) Negligence of other persons, including other spectators, participants, or employees;

l) Weather and temperature conditions; 

m) Negligence on the part of the Company, including failure by the Company to take reasonable steps to safeguard or protect me from the risks, dangers and hazards associated with my participation in the Activities.

I have read and agree to be bound by paragraphs 3-4

Terms

5. In consideration of the Company allowing me to participate in the Activities, I agree:

a) That my mental and physical condition is appropriate to participate in the Activities and I assume all risks related to my mental and physical condition;

b) To comply with the rules and regulations for participation in the Activities;

c) To comply with the rules of the facility or equipment;

d) That if I observe an unusual significant hazard or risk, I will remove myself from participation and bring my observations to a representative of the Company immediately;

e) The risks associated with the Activities are increased when I am impaired and I will not to participate if impaired in any way;

f) That it is my sole responsibility to assess whether any Activities are beyond my physical ability. By commencing an Activity, I acknowledge and accept the suitability and conditions of the Activity; 

g) That I am responsible for my choice of safety or protective equipment and the secure fitting of that equipment.

Release of Liability and Disclaimer

6. In consideration of the Company allowing me to participate, I agree: 

a) That the sole responsibility for my safety remains with me;

b) To ASSUME all risks arising out of, associated with or related to my participation;

c) That I am not relying on any oral or written statements made by the Company or its agents, whether in a brochure or advertisement or in individual conversations, to agree to participate in the Activities;

d) To WAIVE any and all claims that I may have now or in the future against the Company;

e) To freely ACCEPT AND FULLY ASSUME all such risks and possibility of personal injury, death, property damage, expense and related loss, including loss of income, resulting from my participation in the Activities;

f) To FOREVER RELEASE the Company from any and all liability for any and all claims, demands, actions, damages (including direct, indirect, special and/or consequential), losses, actions, judgments, and costs (including legal fees) (collectively, the “Claims”) which I have or may have in the future, that might arise out of, result from, or relate to my participation in the Activities, 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 duty of care of the Company;

g) That the Company is not responsible or liable for any damage to my vehicle, property, or equipment that may occur as a result of the Activities; 

h) That negligence includes failure on the part of the Company to take reasonable steps to safeguard or protect me from the risks, dangers and hazards associated with the Activities; and

i) This release, waiver and indemnity is intended to be as broad and inclusive as is permitted by law of the Province of British Columbia and if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect.

Jurisdiction

7. I agree that in the event that I file a lawsuit against the Company, I will do so solely in the Province of British Columbia and further agree that the substantive law of the Province of British Columbia will apply without regard to conflict of law rules.

I have read and agree to be bound by paragraphs 5-7

Acknowledgement

8. I acknowledge that I have read and understand this agreement, that I have executed this agreement voluntarily, and that this agreement is to be binding upon myself, my heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legal or personal representatives. I further acknowledge by signing this agreement I have waived my right to maintain a lawsuit against the Company on the basis of any claims from which I have released herein.