The Muskokan Resort Club on Lake Joseph

Release Of Liability
WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT

BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE PLEASE READ THIS CAREFULLY.

TO: Muskokan Resort Club Inc.,its directors, officers, employees, representatives, volunteers, independent contractors, subcontractors, successors and assigns (hereinafter collectively referred to as the “Releasees”).
A. ASSUMPTION OF RISKS I am aware that use of the premises, common facilities, grounds and lake and engaging in the activities associated with THE RELEASEES exposes me to inherent risks, dangers and hazards AS WELLS AS NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE. I am also aware that the risks, dangers and hazards referred to above exist throughout the premises and that many hazards are unmarked. By using any part of the facility associated with THE RELEASEES, I freely accept and fully assume all inherent risks, dangers, and hazards and the possibility of personal injury, property damage or loss resulting therefrom.

B. RELEASE OF LIABILITY, WAIVER OF CLAIMS & INDEMNITY AGREEMENT In consideration of THE RELEASEES permitting me to participate in its activities, permitting me the use of its equipment and permitting me the use of its facilities, 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, my family or guests have or may have in the future 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 or my guests may suffer, as a result of our use of the premises, common facilities, grounds and lake and engaging in the activities offered by or associated with THE RELEASEES, due to any cause whatsoever, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, BREACH OF ANY STATUTORY DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIER’S LIABILITY ACT, RSO 1996, C. 02 ON THE PART OF THE RELEASEES AND ALSO INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE.

2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party, resulting from my activities and my participation in the activities offered by or associated with THE RELEASEES
3. That this agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and assigns, in the event of my death.
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 Ontario and no other jurisdiction; and
5. Any litigation involving the parties to this Agreement shall be brought solely within the Province of Ontario, and shall be within the exclusive jurisdiction of the Courts of the Province of Ontario.

I have read and understood this agreement prior to signing it. I am aware that by signing this agreement, I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators and assigns may have against THE RELASEES.