Osprey Fly Fishers of B.C. — Since 1969

Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement

By signing this Release Agreement you will waive or give up certain legal rights, including the right to sue or claim compensation following an accident. Read carefully.

TO Osprey Flyfishers of B.C. and their respective subsidiaries, affiliates, directors, officers, partners, members, employees, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors and assigns (hereinafter collectively referred to as the “Releasees”)

In this Release Agreement the term “Osprey Club Activities” includes, but is not limited to, all meetings, activities, events, seminars, sessions, courses, excursions, fish outs or services provided, arranged, organized, sponsored, scheduled or unscheduled or authorized or unauthorized by the Releasees and including travel, accommodations, transport to and from the Osprey Club Activities or marshalling areas or any other destination in any way connected with or related to Osprey Club Activities.

Assumption of Risks

I am aware that participation in Osprey Club Activities involves and will expose me to many inherent risks, dangers and hazards (collectively the “Risks and Hazards”) including Risks and Hazards arising from but not limited to:

• entering and occupying facilities, buildings, structures and lands used for Osprey Club Activities;
• the terrain and physical environment in which Osprey Club Activities occur including the Risks and Hazards associated with extreme terrain, creeks, streams, rivers, ponds, lakes and oceans;
• travel to and from and in any way associated with Osprey Club Activities including collisions with motorized vehicles or boats or with natural or man-made objects;
• exposure to environmental and weather conditions and hazards including extreme and unpredictable weather;
• use or misuse, malfunction or breakdown of equipment, boats and vehicles of all types whether owned, borrowed or leased, used or operated in Osprey Club Activities;
• the conduct of Releasees and other persons and the conduct of other participants in Osprey Club Activities;
• the unavailability of medical attention, medical facilities or competent medical assistance in the case of injury;
• encounters with wildlife including domestic and wild animals and insects;
• miscellaneous health problems including Coronavirus (Covid 19) or other communicable illness or health problems related to over-exposure to the weather conditions, insect bites, fatigue, stress, dehydration, exertion, and lack of fitness; and
• becoming lost or separated from other persons participating in Osprey Club Activities.

I am also aware that a further risk, danger and hazard of Osprey Club Activities is negligence, inattention, or inexperience of other persons in the party and negligence on the part of the Releasees. I understand that negligence includes failure on the part of the Releasees to take reasonable steps to safeguard or protect me from the Risks and Hazards referred to above.

I understand the participation in Osprey Club Activities may be strenuous and dangerous and may require good physical conditioning, maturity and a degree of skill and knowledge. I believe I have the level of good physical conditioning and the degree of maturity, skill and knowledge to participate in Osprey Club Activities.

I am aware and understand there are Risks and Hazards associated with Osprey Club Activities and I freely accept and fully assume all such Risks and Hazards and the possibility of personal injury, death, or property damage or loss resulting therefrom.

Release of Liability, Waiver of Claims and Indemnity Agreement

In consideration of the Releasees allowing my participation in the Osprey Club Activities and permitting my use of their services, equipment and facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:

1. 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 resulting from my participation in the Osprey Club Activities, 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. I understand that negligence includes failure on the part of the Releasees to take reasonable steps to safeguard or protect me from the risks and hazards referred to above;
2. To hold harmless and indemnify the Releasees for any and all liability for any damage to property of or personal injury to any third party, resulting from my participation in Osprey Club Activities;
3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction;
5. Any litigation involving the parties to this Release 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; and
6. In entering into this Release Agreement, I am not relying upon any oral or written representations or statements made by the Releasees with respect to the safety of the Osprey Club Activities other than what is set forth in this Release Agreement.

I have read and understand this Release Agreement and I am aware that by signing this Release Agreement I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators, assigns and representatives may have against the Releasees.