Waiver Release

2019: Snorkelling with Orcas and watching Aurora Borealis in the Arctic: Skjervoy, Norway

Activity Waiver & Release

 

THIS ACTIVITY WAIVER & RELEASE (this "Agreement") dated this ________ day of ________________, ________ BETWEEN:


___________________________ of ________________________________________
(the "Participant") OF THE FIRST PART


AND


Artica Studios Inc. of 1216 Lansdown Dr, Oakville, Ontario, L6J-7N6, and
Jonas Beyer of Denmark
(collectively the "Activity Provider")

 

OF THE SECOND PART IN CONSIDERATION OF

 

the covenants and agreements contained in this Agreement and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties to this Agreement agree as follows:

  1. Consideration

  2. Being of lawful age and in consideration of being permitted to participate in the activity described below, the Participant releases and forever discharges the Activity Provider, the Activity Provider's spouse, heirs, executors, administrators, legal representatives and assigns from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims and demands for or by reason of any injury to person or property, including injury resulting in the death of the Participant, which has been or may be sustained as a consequence of the Participant's participation in the activity described below, and notwithstanding that such damage, loss or injury may have been caused solely or partly by the negligence of the Activity Provider.

  3. The Releasor understands that the Releasor would not be permitted to participate in the activity described below unless the Releasor signed this Agreement.

  4. Details of Activity

  5. The Participant will participate in the following activity: Orcas and Auroras Photography Expedition swimming with Orcas and Humpbacks in Arctic Norway, photography lessons all day and night, photographing the Aurora Borealis, roundtrip driving from Tromso to Skjervoy and from our cabin to the harbour roundtrip driving.

  6. Concurrent Release

  7. The Participant acknowledges that this Agreement is given with the express intention of effecting the extinguishment of certain obligations owed to the Participant and with the intention of binding the Participant's spouse, heirs, executors, administrators, legal representatives and assigns.

  8. Fitness to Participate

  9. The Participant acknowledges that the Participant does not have any physical limitations, medical ailments, physical or mental disabilities that would limit or prevent the Participant from participating in the above-mentioned activity. If required, the Participant will obtain a medical examination and clearance.

  10. Full and Final Settlement

  11. The Participant hereby acknowledges and agrees that the Participant has carefully read this Agreement, that the Participant fully understands the same, and that the Participant is freely and voluntarily executing the same.

  12. The Participant understands that by signing this Agreement, the Participant agrees to be forever prevented from suing or otherwise claiming against the Activity Provider for any property loss or personal injury that the Participant may sustain while participating in or preparing for the above noted activity.

  13. The Participant has been given the opportunity and has been encouraged to seek independent legal advice prior to signing this Agreement.

  14. This Agreement contains the entire agreement between the parties to this Agreement and the terms of this Agreement are contractual and not a mere recital.

  15. Governing Law

  16. This Agreement will be construed in accordance with and governed by the laws of the Province of Ontario.

  17. Emergency Contact

  18. Participant
    Emergency contact name: __________________________________
    Emergency contact phone number: __________________________________

IN WITNESS WHEREOF the Participant and Activity Provider have duly affixed their signatures under hand and seal on this ________ day of ________________, ________.

 

Artica Studios Inc.

Per:____________________________ (Seal)

_______________________________
WITNESS:  ______________________

 

Jonas Beyer

_______________________________
WITNESS:  ______________________

 

 

(Participant)

_______________________________
WITNESS:  ______________________

©2019 Artica Studios Inc.