UD YACHTS LTD.
Assumption of Risks, Release of Liability, Waiver of Claims and Indemnity Agreement (the “Waiver”). By signing this document, you will waive certain legal rights, including the right to sue. PLEASE READ CAREFULLY!
TO: UD Yachts Ltd. of 2621 Lake Shore Boulevard West, Etobicoke, Ontario M8V 1G5 (Business Address) and 20 Polson Street, Toronto, Ontario M5A 1A5 (Commercial Lease Address), their agents, owners, officers, affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “UD Yachts”).
IN CONSIDERATION OF UD Yachts allowing the participant described below to enter the vessel (the “Vessel”) being chartered from UD Yachts, the participant agrees as follows on behalf of themselves, their spouse, children, parents, heirs, assigns, personal representatives and estate:
- I acknowledge, agree and covenant not to commence a civil claim, action, or suit and do hereby forever release, waive, and discharge from liability, UD Yachts, their owners, officers, directors, employees or agents, from liability for any and all claims, costs, expenses and settlements, that I have or may have in the future, including the negligence of UD Yachts, their owners, officers, directors, employees, or agents, resulting in personal injury, accidents or illnesses including death and property loss arising from, but not limited to, the charter of the Vessel (the “Activity”). The risks include, among other things: cuts and bruises; falling off the Vessel; muscle and joint injures; broken bones; and death.
- Acknowledgement: I am at least EIGHTEEN (18) YEARS of age and have been sufficiently informed of the foreseeable and unforeseeable risks to my personal safety and any minor child in respect of whom I sign this Waiver on behalf of (the “Child”), arising from, and associated with our participation in the Activity. I declare that in participating, or in permitting the participation of any minor child in respect of whom I sign this Agreement, in the Activity, I waive any claims that I may have against UD Yachts, from all liability for injury, death, damage or loss (financial, economic, to property or otherwise) sustained as a result of my participation, or the participation of any Child, in the Activity. I agree that there is a risk factor in the Activity which cannot be lessened by UD Yachts and I further agree to closely supervise my Child during our participation in the Activity.
- Assumption of Risk: Participation in the Activity, and entry into/onto the Vessel, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid such personal injury, accidents or illnesses including death, and property loss. I understand the INHERENT RISKS INVOLVED with the Activity, include, but are not limited to, equipment failure, perils of the sea, harm caused by other vessels at sea, acts of fellow participants, entering and exiting the water, boarding or disembarking from the Vessel, and activities on docks. I have been sufficiently advised by UD Yachts, their owners, officers, directors, employees, or agents, to obtain and utilize the proper safety precautions necessary to mitigate the inherent risks of the Activity, including but not limited to proper supervision, life insurance, health insurance and disability insurance. I acknowledge that I and/or my Child may require medical assistance, which I acknowledge will be at my own expense or the expense of my insurer(s). I hereby represent/affirm that I have adequate insurance to provide coverage for such medical expenses. I understand and agree that UD Yachts will not pay for any cost or expenses incurred by me if I and/or my Child are injured.
- I fully understand and expressly agree that I am fully responsible for my safety and the safety of the Child, if any. I shall follow, and ensure that the Child, if any, follows, all directives of the Vessel’s captain and crew while participating in the Activity. I represent and warrant that the Child, if any, and I are physically and mentally able to participate in the Activity.
- I fully understand and expressly agree that the Vessel has limited medical facilities and that in the event of illness or injury, the appropriate medical care must be summoned by radio and treatment will be delayed until I can be transported to a medical facility.
- I fully understand and expressly agree that UD Yachts has not made any express or implied representations that the Vessel’s crew can or will perform safe rescues or render first aid to me or the Child, if any. In the event I or the Child, if any, show signs of distress or call for aid, I will not hold UD Yachts and/or its crew responsible for their actions in attempting to perform rescue or first aid.
- Indemnification and Hold Harmless: I hereby agree to indemnify and hold harmless, UD Yachts, their owners, officers, directors, employees, or agents, from any and all claims (including negligence), actions, suits, procedures, costs, expenses damages, demands, equitable relied, liabilities, and causes of action of any kind or character of any type or nature whatsoever, including lawyer’s fees brought as a result of my involvement, or the participation of any Child, in the Activity, to reimburse them for any such expenses incurred and hereby release, waive and forever discharge them, their heirs, administrators, executors and assigns of any and all claims, demands, actions or rights of action of whatever kind or nature, in law or in equity, arising from or by reason of my participation, or the participation of any Child, in the Activity.
- Severability: The undersigned further expressly agrees that the foregoing waiver and assumption of risk agreement is intended to be as broad and inclusive as is permitted by law in the Province of Ontario and that if any portion of this Waiver is held invalid, the balance of the Waiver shall continue in its full legal force and effect.
- UD Yachts shall not be held responsible for any bylaw infringements, tickets, or orders issued as a result of any COVID-19 related gathering size limits or restrictions. I hereby expressly agree that I shall be solely responsible for any tickets or summons, including but not limited to, COVID-19 restrictions, noise and other disturbances, as a result of my group and/or my individual participation in this Activity.
- I irrevocably acknowledge and agree that UD Yachts has provided me with the opportunity to carefully and fully review the Waiver and has advised me to obtain legal advice on its contents. It is only after carefully reviewing the Waiver, and obtaining or waiving the opportunity for legal advice that I have signed this Waiver on my behalf or on behalf of the Child, if any.
- I further grant UD Yachts the right to photograph, videotape and/or record me and/or my Child and to use me or my Child’s name, face, likeness, voice and appearance in connection with publicity, advertising and promotional materials without reservation, limitation or compensation.
I have CAREFULLY read this Waiver, fully understand its terms and understand that I am giving up substantial rights, including my right to sue, among other rights mentioned above. I acknowledge that I am signing this Waiver freely and voluntarily and intend by my signature, for this Waiver to be a complete and unconditional release of all liability to the greatest extent allowed by law. I hereby assert that my participation and the participation of any Child, is voluntary, that I knowingly assume all such risks and I assume full responsibility for any and all risks of property damage, personal injury, or death.
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