The Stand Up Paddleboarding activities offered by MCX Lifestyle are designed to pose appropriate challenges for participants. The enjoyment and educational benefit derived from outdoor activities is, in part, a result of risks inherent in these activities. The benefits of participation include developing self-confidence, sense of stability, excellent overall workout and exposure to outdoor recreation activities. While MCX Lifestyle strive to manage risk, it is neither possible nor desirable to eliminate all risk.
I understand that:
• Stand Up Paddleboarding activities include inherent risks that may be different or greater than those risks normally assumed at home, work or school. These risks include but are not limited to slipping; insect or animal bites; immersion in cold water; hypothermia (cold exposure); hyperthermia (heat exposure); uneven terrain; unpredictability of weather and ocean conditions; psychological and physical reaction to extreme natural forces and conditions; collision with exposed or unexposed hazards including vessels; loss or damage of personal property; injury; permanent disability; or fatality.
• Communication and emergency response times may be significantly longer than in urban settings.
• I may contact MCX Lifestyle in advance if I have questions about the risks described above or pertaining to any other aspect of the program.
I agree that participation in MCX Lifestyle Stand Up Paddleboarding activities requires the participants to:
• Share the responsibility for the safety of their self and others during activities.
• Follow all instructions and directions of MCX Lifestyle instructors/Guides. Failure to do so may result in removal from the program.
• Assume the above risks and accept responsibility and costs for all damages and loss resulting from their participation, including all evacuation costs.
I agree that this Agreement shall be governed exclusively in all respects by and interpreted solely in accordance with the laws of the Province of British Columbia.
COVID 19 - CORONAVIRUS - The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization and the province of British Columbia has enacted a state of emergency as a result of this pandemic. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, provincial, and local governments and federal and provincial health agencies recommend physical distancing and have, in many locations, prohibited the congregation of groups of people.
MCX Lifestyle (hereby described as 'MCX") has put in place preventative measures to reduce the spread of COVID-19; however, MCX cannot guarantee that you will not become infected with COVID-19. Further, visiting and utilizing the services of MCX could increase your risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by visiting MCX and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at MCX may result from the actions, omissions, or negligence of myself and others, including, but not limited to, MCX employees, volunteers, customers, general public and others. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance and or experience at the MCX or participation in MCX programming.
I hereby release, covenant not to sue, discharge, and hold harmless MCX, it's employees, agents, and representatives, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of MCX, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any MCX services, activity or program.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS 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.
By checking here, I am applying my electronic signature and certifying that I have read this Release of Claims and Assumption of Risk Agreement, fully understanding its terms, understanding that I have given up substantial rights by signing it, and sign freely and voluntarily without inducement.
Further, by checking here, I consent to the use of my electronic signature. I understand that if I wish to sign a hard copy of this agreement instead of an electronic version, I must contact the party requesting signature directly. I agree and understand that my electronic signature is the legally binding equivalent of my handwritten signature and valid as if I signed this document in writing. I understand that I have a right to request a paper copy of this document directly from the party requiring my signature and no fee will be charged for such. I understand that I will need software that allows me to access PDF files to view this document, as well as a printer connected to a computer to print and retain a hard copy of the agreement upon receipt by email.