R25, 2024-08-23

NOTE: Swell Education Ltd. does not accept paper waivers, please submit electronically.

Swell Education Ltd. (“the Company”)

CONSENT OF PARENT, GUARDIAN OR RESPONSIBLE ADULT AND ACKNOWLEDGEMENT OF RISK AND RESPONSIBILITY FORM FOR CHILDREN UNDER THE AGE OF 19

WARNING: PLEASE READ CAREFULLY BEFORE SIGNING!

DEFINITION – This Agreement shall apply to all activities, events or services provided, arranged, organized, sponsored or authorized by the Company, including but not limited to: surfing, stand-up paddleboarding, sea kayaking, canoeing, camping, backpacking, swimming, fishing, hiking, instructional courses and sessions, clinics, programs, transportation or travel to and from locations used for the activities, and loading and unloading of vehicles (hereinafter collectively referred to as “the Activities”).

 


Your Full Name

 

  1. I am aware that the Minor Participant (“Minor”) is participating in an activity solely at the discretion of the undersigned (myself) and the Minor. 

  2. I UNDERSTAND THAT PARTICIPATION IN THE ACTIVITIES CAN BE HAZARDOUS AND MAY INVOLVE THE RISK OF PHYSICAL INJURY OR DEATH. I acknowledge that participation in the Activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the Activities.

  3. The risks include but are not limited to: slips and falls while biking, surfing or paddleboarding or disembarking from the surfboard, bike or stand-up paddleboard; overturning of the kayak or stand-up paddleboard; loss of balance while in the kayak or on the stand-up paddleboard; falling from the kayak or stand-up paddleboard; hypothermia due to exposure to very cold water; drowning; variation in the water conditions, surface and currents, including high waves and tides, changing and inclement weather conditions including storms, high wind and lightning; entrapment by trees, logs, rocks or equipment, collision with rocks, trees, logs, deadfall, boating equipment; equipment failure; accidents that occur while hiking, backpacking and camping including steep slopes in their natural state that may contain obstacles and hazards; variation in the terrain including holes, depressions, loose gravel, rocks, mud, roots, creeks; impacts with trees, tree stumps, forest deadfall, rocks, or other natural or manmade objects on or adjacent to the trails; encounters with wild and domestic animals; becoming lost or separated from one’s guide, instructor or party; lack of shelter; limited access to and/or delay of medical attention; physical exertion, exhaustion, dehydration, hypothermia, heat-related illnesses; exposure to infectious diseases; mental distress; inability to act safely or within one’s ability; and negligence or failure of other persons to act safely. I understand that participation in the Activities may result in: muscle and joint sprains and strains; cuts and bruises; broken wrists, arms, ankles and legs; internal injuries; concussions; and other serious injuries including paralysis or death. 

  4. I am not aware of the Minor having any existing health, mental or physical condition(s) that may increase his/her risk in using the Activities.

  5. The Minor has been informed that he/she is to abide by the rules including directions and instructions from Company staff.

  6. If the Minor fails to abide by the rules, he/she may lose access privileges.

  7. In consideration of the Company allowing the Minor to participate in the Activities, I AGREE, in the event that I, the Minor, or anyone on the Minor’s behalf, makes a claim against any or all of the Company, its insurer, the Company’s owners, officers, directors, partners, shareholders, agents, guides, instructors, independent contractors, affiliates, volunteers, participants, employees, representatives, successors and assignees of the Company, and all other persons or entities acting in any capacity on their behalf (collectively, the “Indemnified Parties” and each an “Indemnified Party”), TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES, and each of them, FROM ANY LOSS, LIABILITY, DAMAGE, OR COST (INCLUDING ACTUAL REASONABLE LEGAL FEES) THE INDEMNIFIED PARTIES MAY INCUR DUE TO ANY CLAIM MADE AGAINST ANY OF THE INDEMNIFIED PARTIES ARISING, IN WHOLE OR IN PART, OUT OF THE MINOR'S PARTICIPATION IN THE ACTIVITIES INCLUDING, BUT NOT LIMITED TO, THOSE CLAIMS BASED ON ANY INDEMNIFIED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE OR BREACH OF ANY CONTRACT OR NEGLIGENT REPRESENTATION AND/OR EXPRESS OR IMPLIED WARRANTY OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, c337.


  8. In permitting the Minor to participate in any of the Activities, I am not relying on any oral, written or visual representations or statements made by the Company, its officers, employees, guides/instructors, agents of representatives or any other inducement.

Based upon my understanding, acknowledgement and consents as described herein, I give the Minor Participant permission to participate in the activities. 

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Signature of Parent/Guardian/Responsible Adult

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.