Sail and See Participation Agreement
In participating in an activity offered by Headway Marine Incorporated (operating as Sail and See, A Sailing Experience) you agree to these terms and conditions. This forms a binding agreement between you and Headway Marine Incorporated, so please read it carefully and consider getting independent legal advice.
ASSUMPTION OF RISKS
While Headway Marine Incorporated, it’s operators, directors, officers and other employees and agents (the “Releasees”) have taken precautions to ensure the safety of all participants in the sailing or boating activity you are choosing to take part in (the “Activity”), accidents can happen and there are many risks inherent in the Activity and the environment in which it is run. You understand and acknowledge that the Activity involves many risks, dangers, and hazards, including but not limited to the boat capsizing, crashing on land or rocks, emergency disembarkment, inclement weather, sinking, slips, falls, hypothermia, harm from the boat itself, equipment or other objects, and the many other accidents that may result in serious personal injury, death or damage to property, whether arising from events beyond anyone’s reasonable control or from the participants themselves or the negligence of the Releasees, and you willingly and knowingly accept and assume all of the risks, dangers and hazards associated with the Activity.
To help ensure the safety of everyone involved in the Activity, the Releasees may provide policies, procedures, and directions in preparation for and during the Activity. You agree that you will do your part to comply with such policies, procedures, directions and conduct yourself in a way that helps ensure, and does not endanger, the safety of the Releasees and everyone participating in the Activity.
WAIVER & RELEASE OF LIABILITY
You, for yourself, your heirs, next of kin, executors, personal representatives, administrators, successors and assigns, do hereby waive, release and forever discharge the Releasees of and from any and all liability, claims, costs, demands, losses, damages, expense or injury, however caused, arising from your participation in the Activity, even if contributed to or occasioned by the negligent acts or omissions of any of the Releasees.
You agree to hold and save harmless and indemnify the Releasees from and against any and all liability, claims, costs, demands, losses, damages, expense or injury, however caused, arising from your participation in the Activity or arising from your breach of this Agreement, even if contributed to or occasioned by the negligent acts or omissions of any of the Releasees.
If any portion of this agreement is held to be invalid or unenforceable, the remainder of it will nevertheless be effective and binding on the parties. This agreement and its application or interpretation will be governed exclusively by the laws of the Province of Nova Scotia and the laws of Canada as applicable. You irrevocably attorn to the jurisdiction of the courts of the Province of Nova Scotia.
You acknowledge having read, understood and voluntarily agreed to be bound by the terms of this Participation Agreement. You acknowledge that no oral statements or inducements have been made by any of the Releasees in respect of your participation or in respect of the signing of this agreement, and that you have had the opportunity to ask or inquire about the risks, dangers and hazards associated with the Activity. You further acknowledge that you are waiving certain legal rights and have had time to review this agreement and consult with a lawyer before signing or participating in the Activity.
Emergency Contact Name:
GUARDIAN TO COMPLETE THIS SECTION IF THE PARTICIPANT IS A MINOR
If the participant in the Activity is a minor, by signing below you are confirming that you are the minor’s lawful guardian, are at least the age of majority in the Province of Nova Scotia, and possess the lawful authority to sign this agreement on behalf of the minor.
You further confirm to having fully read and fully understood the terms and conditions of participation in the Activity as set out in the agreement above.
You understand that by signing this document you are waiving valuable legal rights on behalf of the minor and anyone who may have the right to act as representative, sue, or receive compensation on behalf of the minor for any and all injury and loss that may impact the minor in relation to the Activity.
Guardian (print name) Signature of Guardian