KSC Release and Indemnity

This release and indemnity limits your legal rights. Read it carefully.

In consideration of the Kanata Sailing Club Inc. (KSC) admitting the person or persons named in the Membership Form (the Member(s)) to membership in KSC, or enrolling the person or persons named in the Training Form (the Student(s)) and permitting the Member(s) or Student(s) to use KSC facilities and assets and, where applicable, to participate in sail training activities offered by KSC (all of which are referred to here as the Activities), each Member or Student and, where one or more Members or Students is a minor or are minors, a custodial parent who is also a Member or Parent/Guardian of a Student on behalf of that minor or those minors, agrees as follows:

A. RELEASE

Each Member or Student severally releases KSC, its directors, members and employees, (collectively the “Releasees”), from any and all claims, liabilities and demands (including medical and legal expenses and fees) which the Member or Student may at any time have against the Releasees (or any of them) in respect of any personal injury or death, or any damage to or loss of property, the Member or Student may sustain at the KSC facility, relating to the Member or Student’s participation in the Activities or in any other way relating to the Member or Student’s presence in or at the KSC Facility, including without limitation where such injury, death, damage or loss is due to any latent defects in the KSC facility or KSC equipment or caused in whole or in part by the negligence or intentional tort of the Releasees or any of them or any medical assistance provided by the Releasees, or any of them.

B. ASSUMPTION OF RISK

  1. Each Member or Student acknowledges and agrees that the Member or Student’s participation in the Activities is purely voluntary.
  2. Each Member or Student is aware of and understands the inherent risks and dangers of the Activities
    and the Member or Student’s participation therein and the potential for injury which exists in connection therewith. The Member or Student assumes full responsibility for, and all risks associated with the Activities and the Member or Student’s participation in it including all risks of personal injury or death or damage to or loss of property, including those risks based upon, or relating to, any lack of skill of the Member or Student or any other member or student of KSC in the Activities or at the KSC Facility or caused in whole or in part by the negligence or unintentional tort of the Releasees or any of them.
  3. The Member or Student understands and agrees that in the event of injury to the Member or Student none of the Releasees will be responsible for any decisions relating to the Member or Student’s medical treatment or the medical treatment itself; and without limitation, the Releasees will not be obligated to assist and where the Releasees do provide such assistance, the Releasees will have no liability whatsoever in connection therewith.

C. INDEMNIFICATION AND GENERAL

  1. Each Member or Student agrees to abide by the rules, regulations, policies and procedures of the Facility as such may be established from time to time by KSC and agrees to use the KSC Facility and equipment in a manner consistent with its intended use and application.
  2. Each Member or Student agrees that should the Member or Student cause any willful or negligent damage to any property of KSC (including any damage to the KSC fleet of dinghies and catamarans, KSC powerboats or KSC facilities), the Member or Student will be responsible for all repair or replacement costs. Damage which is accidental or the result of normal wear and tear is not covered by this indemnity.
  3. Each Member or Student acknowledges:
    1. having been given full opportunity to read this Release and Indemnity before signing it;
    2. having had full opportunity to ask any questions regarding the Activities or the Facility;
    3. having read and understood this Release and Indemnity; and
    4. having been given the opportunity to review this Release and Indemnity with anyone of his/her choice including a lawyer.
  4. Each Member or Student represents and warrants that the Member or Student is in good physical
    condition, is physically fit to participate in the Activities and is not subject to any medical condition that may pose any risk of harm or disability to the Member or Student or others.
  5. This Release and Indemnity shall be governed by the applicable laws of Ontario and of Canada.
  6. This Release and Indemnity is meant to be liberally construed to protect the Releasees to the fullest
    extent allowed by law. Any provision hereof held to be unenforceable shall be deemed to be deleted and severed with the remaining provisions remaining in full force and effect.

Last updated 2023-02-11