SIMON FRASER UNIVERSITY and CASTONGUAY ADVENTURE TOURS

EDUC 459: Instructional Activities in Physical Education

Tandem Canoe Course

RELEASE OF LIABILITY, ASSUMPTION OF RISKS

AND INDEMNITY AGREEMENT

By signing this document you will waive certain legal rights,

including the right to sue.

PLEASE READ CAREFULLY

Name: __________________________________________

Address: __________________________________________
__________________________________________
__________________________________________

Telephone: __________________________________________

Location of Program: Buntzen Lake

PREAMBLE

Education 459 Instructional Activities in Physical Education Canoe course is an exceptional educational
opportunity, but is not without certain risks, dangers, hazards and liabilities to all participants. These
include, but are not limited to, personal injury, death, property damage, expense and other loss, delay or
inconvenience, and course cancellation or curtailment.

All persons taking part in the Education 459 Instructional Activities in Physical Education Canoe course
are required to accept these and other risks as a condition of their participation in the course. Lance
Castonguay and Simon Fraser University (SFU) will not accept any liability for injury, death, loss,
damage or expense sustained as a result of any persons participation in the Program. The Statement of
Risks set forth below is intended to enable participants to better understand the various risks involved in
the Education 459 Instructional Activities in Physical Education Canoe course. All Education 459
participants must sign this Agreement which releases Lance Castonguay, SFU and its representatives
from any claims which might arise as a result of the applicants participation in the Education 459
Instructional Activities in Physical Education Canoe course.

STATEMENT OF RISKS

I acknowledge that EDUCATION 459 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 simply cannot be eliminated without jeopardizing the essential qualities of the course.

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The risks include, among other things: hypothermia, dehydration, cold water immersion, drowning,
repetitive strain injuries, small wounds, dislocated shoulders, sprains, strains, and broken limbs, fatigue,
psychological trauma, and financial loss. These risks are associated with specific dangers including cold
water, strong winds, rapids, currents, waves, surf, open water crossings, boat traffic, rough beach terrain,
faulty equipment, and interpersonal conflict.

Furthermore, the instructors and guides have difficult jobs to perform. They seek safety, but they are not
infallible. They might be ignorant of a participants fitness or abilities. They might misjudge the weather,
water levels, hazards, the elements, or the terrain. They may give inadequate warnings or instructions,
and the equipment being used might malfunction.

All participants in Education 459 will be required to attend all classes and safety lectures on these and
other risks and on the student behaviour required to minimise risk and disruption during the course. It is
the responsibility of each participant of the course to learn as much as possible about the risks of the
course, to weigh those risks against the advantages, and to decide whether or not to take the course. SFU
and its professors, instructors and program support personnel cannot, and will not, assume liability in
respect of any of these risks, dangers, hazards and liabilities.

RELEASE OF LIABILITY, ASSUMPTION OF RISKS AND WAIVER OF CLAIMS

I hereby acknowledge and agree that the Education 459 Canoe course involves many risks, dangers,
hazards and liabilities including but not limited to those referred to in the PREAMBLE and
STATEMENT OF RISKS set forth above. I hereby freely and voluntarily accept and fully assume all
such risks, dangers, hazards and liabilities including the risks of injury, death, property damage, loss,
expense and inconvenience resulting therefrom.

In consideration of SFU allowing me to participate in the Education 459 Canoe course, I hereby further
agree as follows:

1. TO WAIVE ANY AND ALL CLAIMS I have, or may in the future have, against Lance
Castonguay, SFU and its Board of Governors, officers, directors, employees, agents, independent
contractors, subcontractors, representatives, successors and assigns, and all instructors, co-
managers, volunteers, sponsors, and officials in any way involved or connected with Education
459 (all of whom are hereinafter collectively referred to as the Releasees) arising out of any
aspect of my participation in the Program;

2. 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 during or as a result of
my participation in Education 459 DUE TO ANY CAUSE WHATSOEVER, INCLUDING
NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR
OTHER DUTY OF CARE, ON THE PART OF ANY OF THE RELEASEES, AND ALSO
INCLUDING THE FAILURE ON THE PART OF ANY OF THE RELEASEES TO TAKE
REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS,
DANGERS AND HAZARDS REFERRED TO ABOVE;

3. TO HOLD HARMLESS, DEFEND AND INDEMNIFY THE RELEASEES from and

against any and all claims, demands, actions, causes of action, damages, losses, deficiencies,
costs (including reasonable legal costs on a solicitor and own client basis), expenses, liabilities

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 and administrative proceedings including, without limitation, claims arising by reason of any
injury to or death of any person, or damage to any property, including consequential loss, which
may be brought or made against any of the Releasees resulting from my participation in
Education 459;

4. I CERTIFY THAT I HAVE ADEQUATE INSURANCE to cover any injury or damage I

may cause or suffer while participating including the cost of evacuation, or else I agree to
bear the costs of such injury or damage myself. I further certify that I have no medical or
physical conditions, which could interfere with my safety in this activity, or else I am willing
to assume and bear the costs of all risks that may be created, directly or indirectly, by any
such condition.

5. If SFU shall be made a party to any litigation involving a third party commenced by or against
me, then SFU may, at its option, participate in or assume carriage of any such litigation or
settlement discussions;

6. This Agreement shall be governed by and interpreted solely in accordance with the laws of the
Province of British Columbia, and any litigation involving the participant, Lance Castonguay, or
SFU shall be brought solely within the Province of British Columbia and shall be within the
exclusive jurisdiction of the Courts of the Province of British Columbia; and

7. 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.

In entering into this Agreement I am not relying on any oral or written representations or statements
made by any of the Releasees with respect to the safety of the Program.

I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO

SIGNING IT, I AM NINETEEN YEARS OF AGE OR OLDER 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.

I ALSO CONFIRM THAT I HAVE BEEN GIVEN THE OPPORTUNITY AND BEEN
ENCOURAGED TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO SIGNING THIS
AGREEMENT.

Signed this ______ day of __________________, 20______.

Participants Signature Witnesss Signature

Print Participants Name Print Witnesss Name

THIS AGREEMENT MUST BE COMPLETED IN FULL, SIGNED AND DATED AND WITNESSED
BEFORE PARTICIPATING IN THE EDUCATION 459 CANOE COURSE.

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