Membership Waiver
All members of the Fraser Valley Paddling Club must sign and accept this Waiver stating that they have read, understood and are aware of the risks associated with the sports of dragon boating and outrigger canoeing and thus waive any right that they may have to any course of action against the FVPC or any of its members. All members of other paddling clubs and guest paddlers must sign this waiver and return to their club’s representative prior to participating in any practice or race activity. All team Captains, their second or OC Director are responsible for submitting signed waivers from all their members and guest paddlers to the FVPC prior to any practice or race activity.
The Fraser Valley Paddling Club Waiver, Release and Indemnity Agreement
This is a legal document. By signing this document, you are giving up certain legal rights and assuming certain obligations. Accordingly, it is recommended that you seek independent legal advice prior to signing this document.
In consideration for receiving permission to participate in the Fraser Valley Paddling Club (“FVPC”) and/or join in any practice session and/or racing event and/or enter the premises, waterways and grounds supervised or in any way controlled by the FVPC (each an “Event”), the receipt and sufficiency of such consideration being hereby acknowledged by the parties hereto, the undersigned (the “Releasor”) covenants and agrees as follows:
- The Releasor hereby REMISES, RELEASES AND FOREVER DISCHARGES FVPC and each of its respective directors, members, trustees, agents, representatives, officers, sponsors, licensors, volunteers, agents and employees (collectively, the “Releasees”) of and from any and all manner of action, suits, proceedings, debts, costs, expenses, damages, claims, demands, and liabilities of every nature and kind, whether by statute or otherwise at law or in equity (collectively, the “Actions”), whether asserted or unasserted, which the Releasor, alone or together with others, may at any time have arising directly or indirectly from any acts or omissions of any of the Releasees in respect of any Event, including any loss of or damage to property, personal injury to or death of persons, and economic losses directly or indirectly incurred by the Releasor as a result of any acts or omissions of any of the Releasees in respect of any Event;
- The Releasor shall not make any claim or demand or commence or threaten to commence any Actions in respect of any matters relating to or arising out of an Event and/or the subject matter of this Agreement against any other person, firm, corporation or legal entity that might claim contribution or indemnity from any of the Releasees.
- In the event that the Releasor, or anyone claiming under or through the Releasor makes any claim or demand or commences or threatens to commence any Actions against any one or more of the Releasees for or by reason of any cause, matter or thing relating to or arising out of an Event and/or the subject matter of this Agreement, this Agreement may be raised as a complete bar to any and all such Actions.
- The Releasor shall indemnify and hold harmless the Releasees, and each of them, from and against any and all Actions (including legal fees on a solicitor-and-own-client basis) of whatever nature and kind which are brought by or on behalf of the Releasor or anyone claiming for or through the Releasor which the Releasees (or any of them) may sustain, incur or be put to by reason of or in any way arising out of allowing the undersigned to participate in an Event, including without limitation in respect of loss of or damage to property, personal injury to or death of persons, or economic losses directly or indirectly incurred as a result of any acts or omissions of the Releasees (or any of them) in respect of an Event, whether or not any such Actions are reasonably foreseeable.
- The Releasor is aware of the risks and hazards inherent in the sports of dragon boating and outrigger canoeing and entering the premises used for any purpose connected with the activities of the FVPC including festivals, regattas and practice sessions.
- The Releasor voluntarily assumes any risk of loss, damage or injury including death that may be sustained by the Releasor or any property of the Releasor while in or upon said premises or engaged in any said Event.
- The Releasor is aware of and agrees to wear proper safety equipment (pfd) at all times whether or not such safety equipment is supplied by FVPC.
- The Releasor acknowledges that it has sought independent legal advice prior to signing this Agreement or has waived his or her right to do so.
If any provision hereof is deemed invalid, illegal or incapable of being enforced by reason of any rule of law or equity, then such provision shall, at the option of the Releasees, be severed from and shall not affect any other provision contained herein, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein and all other provisions hereof shall, nevertheless, remain in full force and effect.
This Agreement and any and all rights, duties and obligations as between the parties to this Agreement shall be governed by and construed solely in accordance with the laws of British Columbia and not any other jurisdiction, and the Releasor agrees that any litigation arising from or in respect of, or involving the parties to, this Agreement shall be brought solely in and shall be within the exclusive jurisdiction of the courts of British Columbia.
This Agreement shall ensure to the benefit of the Releasees and each of their respective heirs, executors, administrators, successors and assigns and it shall be effective and binding upon the Releasor and the Releasor’s heirs, executors, administrators, successors and assigns.
This Agreement may be executed by any means of electronic communication producing a printed copy.
Photo Release: I give my consent to the FVPC to use my photograph or other images of myself or my child, as the case may be, for educational and/or promotional purposes as the FVPC deems fit.
For Adult Members Only – I represent that as of the date of this Agreement I am the full age of 19 years.
For Youth Members/Paddlers Only – As of the date of this Agreement I am under the age of 19 years. I will be 13 14 15 16 17 18 (circle one) years of age prior to December 31st, of this year and have co-signed with a parent or guardian as applicable.
For Parents and Guardians of Youth Members/Paddlers Only – I represent that as of the date of this Agreement I am the full age of 19 years and that I have discussed the risks of participating in an Event with my child.