MCLEAN MILL CAMPGROUND – WAIVER/RELEASE
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS
AND INDEMNITY AGREEMENT
BY ACCEPTING THE TERMS IN THIS DOCUMENT, YOU WILL WAIVE
CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE
TO: THE ALBERNI VALLEY CHAMBER OF COMMERCE, THE CITY OF PORT ALBERNI and their elective officials, respective directors, officers, shareholders, employees, agents, guides, volunteers, representatives, independent contractors, subcontractors, sponsors, successors and assigns (all of whom are hereinafter referred to as the "RELEASEES").
DEFINITIONS
In this Agreement, the term "Premises" shall include but is not limited to: the premises known generally as the McLean Mill, the McLean Mill National Historic Site, or the McLean Mill campground; all campsites and RV sites, parking lots, and washrooms and other facilities; roadways and walking paths; ponds and other bodies of water; all buildings, improvements, structures, and equipment; and all surrounding natural environment.
ACKNOWLEDGEMENT – SAFETY
I acknowledge that I have been advised of the Rules and Regulations of the Premises. I am aware that my use of the Premises may be subject to applicable municipal and provincial regulations and that there are owners and/or staff available to answer any questions I may have as to my use of the Premises. I am aware that there are no first aid personnel on duty at the Premises.
ASSUMPTION OF RISKS
I am aware that my use of the Premises involves many risks, dangers and hazards,
including but not limited to exposure to natural occurrences (such as lightning, high winds and rainstorms) and wildlife; drowning; sun exposure; overexertion; obstacles or hazards (both natural on non-natural) that are present in or around the Premises, whether due to a failure of the Releasees to adequately maintain the Premises or not; equipment failure; variations in weather that may cause serious damage to personal property including but not limited to damage to tents, RVs, trailers, truck campers, and/or vehicles parked in the parking lot; theft; fire; negligence of other persons; and that consumption of animals, vegetation, water and other substances found on or around the Premises can be harmful; and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, AND HAZARDS OF THE PREMISES OR ANY ACTIVITIES OR OCCURENCES THEREON, OR THE FAILURE OF THE RELEASEES TO KEEP THE PREMISES IN A CONDITION OR STATE OF REPAIR TO PREVENT ANY SUCH LOSS OR INJURY. I AM AWARE THAT THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE EXIST THROUGHOUT THE AREA USED IN AND AROUND THE PREMISES.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releases allowing me to rent, use, occupy or otherwise be present on the Premises, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE RELEASEES AND 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 as a result of my rental or occupation of, or presence on, the Premises, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, c. 337, ON THE PART OF THE RELEASEES, AND INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE PREMISES REFERRED TO ABOVE;
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage of, or personal injury to, any third party resulting from my use or occupation of, or presence on, the Premises referred to above;
3. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and representatives in the event of my death or incapacity;
4. This Agreement and any rights, duties and obligations as between the parties to
this Agreement shall be governed by and interpreted solely in accordance with the
laws of the Province of British Columbia and no other jurisdiction; and
5. Any litigation involving the parties to this Agreement 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.
In entering into this Agreement, I am not relying on any oral or written representations or statements made by the Releases with respect to the safety of my use or occupation of, or presence on, the Premises referred to above, other than what is set forth in this Agreement. I confirm I have read and comply with the Rules and Regulations and Term & Conditions.
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, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
Signed on Fri May 17, 2024
Signature of Guest:
If the Guest is under the age of 19, complete below: