Form 1 of 2: Liability Waiver Wilderness Courses
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
All participants attending a FACT Plus Inc. (FACTPlus.ca) Wilderness Course must complete this Liability Release Form before they can participate.
Please note that this is a "generic" waiver that encompasses ALL activities done in a variety of FACT Plus Inc. courses. Some courses may not encounter or participate in many of the activities listed in this waiver of liability.
Please complete each section below.
PLEASE READ CAREFULLY.
* THIS RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT IS INTENDED TO ENABLE PARTICIPANTS TO BETTER UNDERSTAND AND ACCEPT THE VARIOUS RISKS INVOLVED WITH PARTICIPATING IN THE AFOREMENTIONED COURSE/EXPEDITION.
** ALL PARTICIPANTS WILL BE REQUIRED TO SIGN THIS AGREEMENT AS A CONDITION OF THEIR PARTICIPATION AND THEREBY RELEASING FACT Plus Inc. (FACTPlus.ca) AND ALL OTHER RELEASED PARTIES FROM ANY FUTURE CLAIMS WHICH MIGHT ARISE AS A RESULT OF PARTICIPATING IN THE AFOREMENTIONED COURSE/EXPEDITION.
In this Agreement,
“RELEASED PARTIES” means FACT Plus Inc. (FACTPlus.ca) and its members including but not limited its officers, Owners, employees, assigns, volunteers, agents, representatives, contractors, instructors and participants including other students/participants.
“FACT” refers to the FACT Plus Inc.
BY ENTERING INTO THIS AGREEMENT, I AM NOT RELYING UPON ANY ORAL OR WRITTEN REPRESENTATIONS OR STATEMENTS MADE BY THE RELEASED PARTIES OTHER THAN WHAT IS STIPULATED IN THIS AGREEMENT.
In consideration of the educational services and programs offered by FACT Plus Inc. (herein after referred to as “FACT”), I (joined by my parents or legal guardian if I am a minor attending any courses other than the Wilderness & Remote F), herein after referred to as the “participant” or “student”, agree to the following terms and conditions and acknowledge the following:
This document is to be completed as my acknowledgement that I understand that ACTIVITIES AND RISKS associated with my participation in the above course, and that I understand that FACT Plus Inc. considers it important for me to know in advance what to expect and to be informed of the activities’ inherent risks.
The following describes some, but not all, of those risks associated with my electing to participate in this course.
Activities & Risks May Include:
FACT Plus Inc. activities may include strenuous activities both, physically and emotionally. Physical activities may include running, hiking, repetitive lifting and carrying. Certain activities will require travel by foot and other means, over unimproved roads, hiking trails and rugged off-trail terrain including downed timber, river crossings, snow, ice, steep slopes, slippery rocks and other features, Students/Clients may (in rare cases) be moved via Snowmobile, ATV, Boat, Car or Other Motorized Vehicles. These travel risks include falling, Collisions, Injuries, drowning, becoming lost and others usually associated with such travel, including environmental risks. Environmental risks and hazards include flowing, deep and cold water; Falling Through Ice, insects, snakes, animals; falling and rolling rock; lightning, falling timber, and unpredictable forces of nature, including weather which may change to extreme conditions without notice.
Possible injuries and illnesses include hypothermia, frostbite, sunburn, heatstroke, dehydration, Heart Arrhythmia, Sudden cardiac Arrest, and other mild or serious conditions. Students/Clients will participate in realistic simulated injury and illness scenarios and will at times act the role of patient, being handled, carried and otherwise treated as patients of a medical emergency in simulated situations.
Students/Clients will also use and practice with various medical equipment. Training, under close staff supervision, may include the option of injecting, and being injected, by fellow Students/Clients. Risks associated with this training include being inadvertently stuck by a needle, being dropped or otherwise mishandled while being carried; unwelcome touching while acting the role of patient in a scenario; and emotional distress in response to training scenarios.
Decisions made by the instructors, other staff (including volunteers), contractors and Students/Clients will be based on a variety of perceptions and evaluations which by their nature are imprecise and subject to errors in judgment. Misjudgments may pertain to, among other things, a student’s capabilities, environment, terrain, water and weather conditions, natural hazards, routes and medical conditions.
FACT Plus Inc. Students/Clients, including minors, may have “free” time before, during and after their FACT Plus Inc./FACT Wilderness & Remote First Aid courses, or other courses in which they have chosen to participate in. FACT has no responsibility for Students/Clients during this free time. FACT staff may from time to time provide assistance or even accompany Students/Clients in these free time activities, but in doing so, they are acting as private individuals, and FACT is not responsible for their conduct. Even during the wilderness medicine course, FACT cannot continually monitor the behavior and activities of Students/Clients and Students/Clients must accept responsibility for themselves and others whether or not under the direct supervision of FACT staff.
AGREEMENTS OF RELEASE AND INDEMNITY
Please Read & Sign Below
I, the above named participant (or parent/guardian of the participant) hereby affirm that I understand that my participation on expeditions and training courses with FACT involves exposure to certain RISKS, DANGERS AND HAZARDS which could result in consequences including PROPERTY DAMAGE OR LOSS, PERSONAL INJURY, AND DEATH.
I also UNDERSTAND AND AGREE that such RISKS, DANGERS and HAZARDS include but are not limited to:
1. Travel and survival in the wilderness;
2. exposure to elements such as changing weather conditions which may result in hypothermia, frostbite, hypothermia, sunburn, insect bite, etc.;
3. varying environmental conditions and varying wilderness conditions which may result insect bites, etc.;
4. exposure to wildlife; and
5. risks associated with the use of motor vehicles used for transportation to and from courses and or, specialized equipment and the operation of machinery such as ATVʼs, snowmobiles, boats, etc.
I AFFIRM THAT the level of physical fitness and endurance of the participant IS ADEQUATE for participating on the training course;
I FURTHER STATE THAT I HAVE OR WILL HAVE COMPLETED; TO THE BEST OF MY KNOWLEDGE, the FACT Confidential Medical History Form and that FACT will rely upon the medical information disclosed therein.
I will VERIFY WITH MY PHYSICIAN, if I deem necessary, to ensure that I do not have any physical or psychological problems which could create undue risk to myself or fellow participants on the expedition or training course;
I UNDERSTAND THAT I AM RESPONSIBLE for educating myself in all applicable risks, to weigh those risks against the advantages, and to decide whether or not to participate in the aforementioned course/expedition.
I FURTHER UNDERSTAND AND AGREE that the only way I can completely eliminate all risks related to participating in sanctioned activities is to choose not to participate in them, which I UNDERSTAND I am free to do at any time and for any or no reason.
I UNDERSTAND THAT I HAVE THE OBLIGATION TO COMPLY WITH ALL DIRECTIONS and INSTRUCTIONS set forth by FACT before and throughout the course/expedition.
I UNDERSTAND AND AGREE that the non completion of the course/expedition due to voluntary/compulsory withdrawal, lack of participation or caused by my physical or mental inability to meet the aforementioned course/expedition requirements will result in a failure to meet the required criteria for certification.
I UNDERSTAND AND AGREE that following a failure to achieve certification requirements for the aforementioned course/expedition any deposit, travel and or tuition costs are non-refundable. FACT will reserve the right to grant me a second opportunity in a future course/expedition should an opening be available; however, this is not an obligation on the part of FACT and each situation will be reviewed on a case by case basis.
I UNDERSTAND AND AGREE TO WAIVE ANY AND ALL CLAIMS, ACTIONS, COSTS, EXPENSES AND DEMANDS that I may have against ALL RELEASED PARTIES.
TO RELEASE ALL RELEASED PARTIES from any and all liability for any LOSS, DAMAGE, INJURY, or EXPENSE that I, or my next of kin, may suffer or incur as a result of my participation on this course/expedition.
I FURTHER RELEASE, EXEMPT AND HOLD HARMLESS FACT AND ALL OTHER RELEASED PARTIES from any and all liability for property damage, personal injury or death suffered by myself or by a third party as a result of my participation on the expedition or training course.
I UNDERSTAND THAT THIS RELEASE AND INDEMNITY AGREEMENT SHALL BE EFFECTIVE AND BINDING upon
my heirs, next of kin, executors, administrators, and assigns, in the event of my death.
I FURTHER STATE that I am of lawful age and legally competent to sign this liability release and if I am not that I have acquired the written consent of my parent or guardian who is of lawful age and legally competent to sign this liability release.
I UNDERSTAND the terms herein are contractually binding and not a mere recital and that I have signed this Agreement of my own free will and with the knowledge that I hereby agree to waive my legal rights.
I FURTHER AGREE that if any provision of this Agreement is found to be unenforceable or invalid that that provision shall be severed from this Agreement and that the remainder of this Agreement will then be construed as though the unenforceable provision had never been contained herein.
I UNDERSTAND AND AGREE that I may be photographed and or filmed during the aforementioned course/expedition and that media may be used by FACT for promotional and marketing purposes via print or electronic means.
I AGREE THAT THE LAWS OF THE PROVINCE OF ONTARIO govern this contract.
I State that I have declared & made the course Instructor & FACT Plus Inc. aware of any pre-existing or pertinent Past Medical History which could affect my willing being or safety during my participation in the course or activity I have chosen to participate in.
By signing below, the student (and parent or legal guardian of a minor student) has read this agreement and understands and agrees to its terms, including the acknowledgements and assumptions of risk, agreements of release and indemnity and the additional provisions, stated above.
I am also acknowledging that I have and the information listed on the www.FACTplus.ca/faq
website under Frequently Asked Questions (FAQ) menu pertaining to:
How to dress for the course
What to bring with you
Alcohol, recreational Drugs policy
Cancellation, Payment and Refund Policy
I am acknowledging that as the guardian of a minor child who is participating on this course, I have reviewed this document, and the FAQs listed on our website.
By signing below, you are consenting to the use of your electronic signature in lieu of an original signature on paper.
You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.
Thanks for submitting! We sincerely appreciate your cooperation.