Alberta River Surfing Association - Waiver of liability agreement
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WARNING - BY SIGNING THIS FORM YOU GIVE UP IMPORTANT LEGAL RIGHTS! PLEASE READ CAREFULLY!


DISCLAIMER CLAUSE

The Alberta River Surfing Association (ARSA), it’s clubs, affiliated discipline associations, members, leaders / instructors / coaches, directors, agents, employees, volunteers and representatives (hereafter referred to as the "Associations") are not responsible for any injury, loss or damage of any kind sustained by any person while participating in the Association’s programs and activities for river surfing, including injury, loss or damage which might be caused by the negligence of the Associations.

DESCRIPTION OF RISKS

I acknowledge that I am aware of the possible risks, dangers and hazards associated with the water programs and activities for surfing in rivers, on land near rivers, and travel in vehicles, including the possible risk of severe or fatal injury to myself or others. These risks, dangers and hazards include, but are not limited to:

  1. The risk of drowning or near drowning including but not limited to: falling off of surfboard into the water, underwater entrapment by a water feature, equipment entanglement or being knocked unconscious in the water;
  2. Injuries resulting from your body hitting the surfboard, water surface, pool surface, shoreline embankments, underwater features or being hit by another water vessel or users
  3. Extremes of cold and hot weather and temperature which may result in hypothermia, hyperthermia, sunstroke, sunburns or heat exhaustion
  4. Prolonged or sudden exposure to cold water which may result in hypothermia or cardiac arrest
  5. Hazards related to windstorms, thunderstorms, lightning, hailstorms, or snowfall
  6. Hazards related to travel in and on rivers
  7. Remote locations in mountain terrain, river valleys and canyons with poor communications and inability to get rescue or medical assistance quickly or easily
  8. Medical problems arising before, during or after the trip
  9. Terrain where a slip, trip or fall may cause injury or death
  10. Other injuries (e.g. blisters, bruises, burns, cuts, sprains, strains, dislocations, fractures, concussions, acute or overuse injuries)
  11. Additional risks associated with travel to and from locations including transport by public or private motor vehicle
  12. Failure to follow directions from those in charge of trip or event, including those specifying
           a. staying with the group at all times unless those in charge are consulted and provide consent;
           b. wearing approved safety equipment;
           c. safe use of tools and other equipment where required
  13. Allergic reactions to natural substances in the environment (e.g.,poison plants, bee stings, bugbites, poison venom)
  14. Injuries related to encounters with animals and plants in the environment;
  15. Injuries related to equipment (poor fit, improper adjustment, malfunction, or becoming tangled)
  16. Injuries related to lifting, carrying, walking with, or putting down the surfboard and/or packs;
  17. Other risks normally associated with participation in the activity and environment.
  18. Loss of or damage to my surfboard, gear and other equipment before, during or after the activity

CONSENT AND ACKNOWLEDGEMENT OF RISK

  1. I acknowledge it is my duty and my right to obtain as much information as I require about this program or activity and associated risks and hazards, including information beyond that provided to me by the Associations.
  2. I freely and voluntarily assume the risks/hazards inherent in the program/activity and understand and acknowledge that I may suffer personal and potentially serious injury arising from my participation.
  3. I acknowledge that the Associations have the right to refuse to allow me to participate in any activity if, in the Associations’ opinion, I am not adequately fit, not properly equipped, insufficiently skilled or otherwise not ready to participate safely.
  4. I agree to abide by the rules and regulations, including directions and instructions from the Associations and/or service providers, administrators, instructors/coaches and supervisors over all phases of the program/activity.
  5. I have read and agree to abide by the Code of Conduct and rules.
  6. In the event that I fail to abide by the rules and regulations or Code of Conduct or rules, disciplinary action may require my exclusion from further participation and I will be responsible for any related costs associated.
  7. I acknowledge that it is my duty to advise the Associations of any medical/health concerns (e.g., medical, physical, emotional, learning, and/or behavioural conditions) that may affect my participation.
  8. I acknowledge that the Associations may cancel the activity if conditions are deemed unsafe (e.g., weather, health advisory). I accept that the board will not be liable for any costs associated with such a cancellation.
  9. I acknowledge that the Associations may secure transport to emergency medical services as they deem necessary for my immediate health and safety, and that I shall be financially responsible for such services
  10. Based on my understanding, acknowledgement, and consents as described herein, I agree to participate under these conditions throughout this calendar year.
INDEMNIFICATION AND RELEASE OF LIABILITY

In return for the Associations allowing me to voluntarily participate in its programs and activities, I agree:

  1. TO ASSUME AND ACCEPT ALL RISKS arising out of, associated with or related to my participation in the Associations' programs and activities, even though such risks may have been caused by the NEGLIGENCE of the Associations;
  2. TO BE SOLELY RESPONSIBLE FOR ANY INJURY, LOSS OR DAMAGE which I may sustain while participating in the Associations' programs and activities for surfing, even though such injury, loss or damage may have been caused by the NEGLIGENCE of the Associations;
  3. TO IDEMNIFY AND HOLD HARMLESS the Associations, its officers, directors, agents, volunteers, employees and representatives from any and all claims, demands, actions and costs which might arise out of my participation in the Associations' water programs and activities for surfing, even though such claims, demands, actions and costs may have been caused by the NEGLIGENCE of the Associations.


IMAGE RELEASE

I grant permission to the Alberta River Surfing Association and it’s Clubs the right to use, without payment of any fee or charge and without limitation on time or frequency, for nonprofit, educational, promotional or publicity purposes only, any photographs, video footage, audiotape or digital images of me.

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USE OF LEASH ACKNOWLEDGEMENT OF RISK

1.  I acknowledge that I understand the risks associated with using a leash including but not limited to leash entrapment, drowning, serious injury and dangers.
2.   I acknowledge that using a leash could result in serious injury and/or death.
3.   I confirm that if I use a leash, I have the ability and experience necessary to safely participate in this ARSA program using a leash.
4.   I confirm that if I use a leash, I have the necessary information and knowledge to make an informed decision to wear a leash.
5.   I confirm that if I use a leash, I am using a leash of my own choice and without pressure from others.

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Required
LACK OF HELMET ACKNOWLEDGEMENT OF RISK

1.  I acknowledge that I understand the risks associated with not using a helmet including but not limited to impact of head against river bottom, impact of head against board, impact of head against other water vessels and other dangers.
2.   I acknowledge that a lack of helmet could result in serious injury and/or death.
3.   I confirm if I do not use a helmet, that I have the ability and experience necessary to safely participate in this ARSA program without using a helmet.
4.   I confirm that if I do not use a helmet, that I have the necessary information and knowledge to make an informed decision not to wear a helmet.
5.   I confirm that if I do not use a helmet, I am not wearing a helmet of my own choice and without pressure from others.

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Required
LACK OF PFD ACKNOWLEDGEMENT OF RISK

1.  I acknowledge that I understand the risks associated with not using a personal flotation device (PFD) including but not limited to impact against river bottom, drowning and other dangers.
2.   I acknowledge that a lack of PFD could result in serious injury and/or death.
3.   I confirm if I do not use a PFD, that I have the ability and experience necessary to safely participate in this ARSA program without using a PFD.
4.   I confirm that if I do not use a PFD, I have the necessary information and knowledge to make an informed decision not to wear a PFD.
5.   I confirm that if I do not use a PFD, I am not wearing a PFD of my own choice and without pressure from others.

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Required
ACKNOWLEDGEMENT

I UNDERSTAND THAT THIS IS A LEGAL AGREEMENT. It is binding upon myself as well as upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity. I HAVE READ AND UNDERSTOOD ALL THE TERMS OF THIS AGREEMENT, and by signing this agreement voluntarily I am agreeing to abide by these terms.

SIGNATURE

If you agree to the above, please:

  1. Enter your first and last name.
  2. If you are a minor, please have parent or guardian sign their name and indicate minor's name below.
  3. Check the "Electronic Signature Consent" box.

First and last name *
Minor's first and last name
ELECTRONIC SIGNATURE CONSENT
By checking here, you acknowledge you have read and understand the above terms, and are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.
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