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TERMS & CONDITIONS, RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT

TO: CHARMED FAMILY RESORT (the “Resort”) and any parent companies, subsidiary companies, directors, officers, employees, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers, hosts, volunteers, successors and assigns (all of whom are hereinafter referred to as the “Releasees”).

ASSUMPTION OF RISKS I am aware that, due to the wilderness setting of the Resort, I (and anyone staying at the Resort with me) may be exposed to many risks, dangers and hazards including, but not limited to: wood-burning stoves, fireplaces, and hot-tubs; play structures, slides, climbing walls, swings, rope bridges, trams, zip-lines, motorized or non-motorized buggies/carts, sliding polls, balance beams, and monkey bars; elevated bunk beds, ladders, steps, and balconies; walking, riding, and disembarking horses; changing weather conditions; avalanches; exposed rock, earth, ice, and other natural objects; trees, tree wells, tree stumps and forest deadfall; wild animals; hazardous vegetation; the condition of snow or ice on or beneath the surface; changes or variations in the terrain; streams, creeks, and rivers; cliffs; crevasses; road-banks or cut-banks; collision with trees, fences, or vehicles, equipment or structures; collision with other persons; loss of balance or control; failure to act safely or within one’s own ability or to stay within designated areas; negligence of other persons; and NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE. I am also aware that the risks, dangers and hazards referred to above may exist throughout the Resort property and that many hazards are unmarked. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT:

In consideration of the Releasees accepting my reservation and permitting my use of the Resort, I hereby agree as follows:

  1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE RELEASEES, and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer resulting from either my use of or my presence on the Resort or travel beyond the Resort property, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER ANY APPLICABLE OCCUPIERS’ LIABILITY ACT LEGISLATION ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE;
  2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to Resort property or personal injury to any third party, resulting from my use of or presence on the Resort or travel beyond the Resort property;
  3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
  4. 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 Alberta and no other jurisdiction; and
  5. Any litigation involving the parties to this Release Agreement shall be brought solely within City of Lethbridge in the Province of Alberta, and shall be within the exclusive jurisdiction of the Courts of the Province of Alberta.
  6. I confirm that I am of the full age of 18 years, and I agree to accept full responsibility for any medical, dental, or related bills and costs from injuries incurred at the aforementioned event that are not covered by my own policy.
  7. In entering into this Release Agreement I am not relying upon any oral or written representations or statements made by the Releasees with respect to the safety of the event other than what is set forth in this Agreement

I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY CONTINUING TO MAKE A RESERVATION AT THE RESORT AND STAYING AT THE RESORT, I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.