BRIARS REGISTRATION FORM & WAIVER: 

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, INDEMNITY AGREEMENT, AND JURISDICTION AGREEMENT  

BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT.  PLEASE READ CAREFULLY!

 TO: Briars Management Limited & Briars Resort & Spa, its directors, officers, employees, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors and assigns (all of whom are hereinafter referred as “the Releasees”). 

DEFINITIONS. In this agreement: 

• A) The term “activities” shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include, but is not limited to: kayaking, canoeing, stand up paddle boarding, tubing, water skiing, boat cruises, jet skis, water trampoline, climbing, playing fields, outdoor games, fitness centre and classes, multipurpose courts, indoor & outdoor pools, cross country skiing, snowshoeing, spa treatments, dining, and any or all rentals of related equipment; orientational and instructional courses, seminars and sessions. 

• B) The term “transportation” shall refer to all forms of transportation off road and on public roads and private roads, including Briars Ltd. owned vehicles, leased vehicles, participant or staff owned vehicles, motorized vessels either provided by or arranged by Briars Ltd. or in any way related to the activities including, but not limited to: loading, unloading and travel in or movement around vehicles, and motorized vessels. 

• C) The term “Injury” shall refer to all forms of physical, mental, and emotional injury in any way related to the activities and transportation including, but not limited to: death, breaks, strains, lacerations, dislocations, and/or amputations. 

 ASSUMPTION OF RISKS: I am aware that the activities and transportation involve risks, dangers and hazards in addition to those normally associated with travel in land and water. These may include, but are not limited to: cold water, strong winds, boat traffic, open water crossings, wildlife attacks, lightning strikes, slipping and falling, inclement weather, failure to predict weather, vehicle rollovers, unsafe driving, unsafe road conditions; the failure to boat safely within one’s own ability or within designated areas; human error, failure to forecast or recognize a hazardous situation, negligence of other boaters, hikers, or rescuers; and NEGLIGENCE ON THE PART OF OTHER PARTICIPANTS, BRIARS OR THEIR EMPLOYEES, AND CONTRACTORS INCLUDING THE FAILURE OF BRIARS OR THEIR GUIDES, EMPLOYEES, AND CONTRACTORS TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES AND TRANSPORTATION. 

• I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH BOATING, CLIMBING, EXERCISING, HIKING, AND TRANSPORTATION AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM. 

1. TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against THE RELEASES  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 as a result of my participation in the activities,  transportation and use of premises offered by or associated with THE RELEASES , 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 THE OCCUPIER’S LIABILITY ACT ON THE PART OF THE RELEASEES, AND ALSO INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES AND TRANSPORTATION. 

2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my activities and my participation in activities and transportation offered by or associated with THE RELEASESEES.  

3. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any costs they may incur for medical costs, search and rescue, evacuation, and litigation resulting from my participation in the Activities, and transportation; 

4. That this 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; 

5. That this Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the province of Ontario and no other jurisdiction, and 

6. That any litigation involving the parties to this Agreement shall be brought solely within the Province of Ontario and shall be within the exclusive jurisdiction of the Courts of the Ontario. 

7.We are not be fully liable for any lost or stolen goods during your stay unless the items were lost or stolen due to a willful act or neglect by the RELEASEES. Keep this in mind and make sure your valuables stay with you at all times, like your passport, wedding rings and other irreplaceable items 

8. I hereby agree not to damage, alter, or misuse any equipment provided under this agreement. I further agree to return all equipment in its original condition, normal wear and tear excepted, upon the conclusion of my equipment rental period. 

9. I hereby give THE RELEASEES the irrevocable right to use my name or my families, photograph, image, audio recording, video recording and likeness (collectively, “My Image”) in all forms and manner, including but not limited to, publication on Briars owned and non-Briars-owned property, print media, digital media, the Internet, social media sites, media releases and broadcasts, without further notification to you. I understand that Briars cannot control unauthorized use of My Image by persons not associated with Briars once My Image has been published. I hereby forever waive any right to inspect or approve any publication of My Image by Briars. I hereby forever release and waive any and all claims I may have or ever have against THE RELEASEES for the use of My Image. I have carefully reviewed and understand the above provisions and agree to be bound by them. I voluntarily and irrevocably give my consent and agree to this release and waiver.   

In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in the Activities, other than what is set forth in this Release Agreement. 

I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES. 

If there will be minors, please type all minors' First and Last Name, Date of Birth below: