ACCIDENT WAIVER AND RELEASE OF LIABILITY (GUEST OF TENANT)

On behalf of myself and any infant children participating with my approval, I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATION IN ALL ACTIVITIES ASSOCIATED WITH PORTAGE WEST, including without limitation: swimming, fitness facility, paddleboarding, canoeing and kayaking at 101 Island Highway, Esquimalt BC, including any consequence that may arise from negligence or carelessness on the part of the persons, entities, agents and employees of those herein released, and/or dangerous of defective equipment or property owned, maintained or controlled by them, or because of their possible liability.

I certify that any participants are physically fit, have sufficiently prepared or trained for participation in any such activity, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude participation in these activities. Each participant is a capable swimmer or will use a life jacket.

In consideration of permitting participation in such activity, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:

(A) WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur including traveling to and from this activity, THE FOLLOWING ENTITIES AND PERSONS: THE GORGE APARTMENTS LIMITED PARTNERSHIP, THE GORGE APARTMENTS (GP) INC., PORTAGE WEST and/or their directors, officers, employees, volunteers, representatives, and agents, and the activity representatives and volunteers (collectively “Releasees”);

(B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the Releasees from any and all liabilities or claims made as a result of participation in such activity, whether caused by the negligence of the Releasees or otherwise, including indemnify them from all costs and damages and legal fees and expenses whatsoever relating to me or any infants.

I acknowledge that the Releasees are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf.

I acknowledge that this activity may involve a test of physical capabilities and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by weather, equipment, vehicular or marine traffic, and actions of other people including, but not limited to, other participants, volunteers, monitors and/or producers of the the activity.

The Accident Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.