HIGH TIDE SAUNA LTD. LIABILITY WAIVER
PARTICIPANT AGREEMENT, RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND ASSUMPTION OF RISKS
FOR ADVENTURE TOURISM ACTIVITIES
WARNING: BY SIGNING THIS DOCUMENT, YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR THE RELEASEES’ OWN NEGLIGENCE AND FOR BREACHES OF THE OCCUPIERS LIABILITY ACT. PLEASE READ CAREFULLY.
This is a binding legal agreement. In consideration of being permitted to participate in the adventure tourism activities provided by HIGH TIDE SAUNA LTD. (hereinafter referred to as “the Operator”), on the vessel M.V. “HIGH TIDE” you, the undersigned, agree to all terms and conditions within this document.
Releasees. The term “Releasees” as used herein shall include HIGH TIDE SAUNA LTD. (the registered owner of the vessel), the City of Vancouver, Vancouver Fraser Port Authority; His Majesty the King in right of British Columbia and Canada with respect to permissions/tenure; owners/lessors of docks or staging/embarkation areas used, and all of their respective directors, officers, employees, guides, agents, representatives, contractors, skippers, and volunteers, and their successors and permitted assigns.
Activities. The “Activities” are defined as participation in an adventure tourism experience which includes, but is not limited to, being a passenger on a marine vessel, transport via a tender craft (dinghy), use of a propane-heated sauna, use of a cold-water ocean shower, swimming in natural bodies of water, boarding and disembarking the vessel, and other related activities in Indian Arm/Burrard Inlet and surrounding waters, including all associated staging, safety briefings, transfers, waiting/queuing, and disembarkation before, during, and after the session.
ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS
I understand and acknowledge that the Activities are a form of adventure tourism and that such activities involve inherent, known, and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I have been advised of, understand, and expressly assume all risks listed below, as well as all other risks not listed:
Boarding & Disembarking Risks: Including slips, trips, and falls on wet or uneven docks and vessel surfaces; injuries from unexpected vessel movement; crushing or pinching injuries between the vessel and the dock; and falling into the water.
Tender Vessel & Transfer Risks: Including the risks associated with boarding, disembarking, and travelling in a smaller, inflatable tender craft; increased risk of falling overboard due to the tender’s size and stability; potential for the tender to capsize, swamp, or deflate; and pinching or crushing injuries between the tender craft and the dock or main vessel.
General Marine & On-Water Risks: Including vessel motion causing loss of balance, falls, or seasickness; falling overboard (man-overboard (MOB)); collision with other vessels or objects; grounding the vessel; swamping or capsizing; severe injury from the engine’s propeller; dehydration or sun exposure; and potential delays to rescue/evacuation due to marine conditions.
Sauna-Specific Risks: Including dehydration, heat exhaustion, heat stroke, fainting, burns from contact with the heater or hot surfaces, and significant stress on the cardiovascular system which can aggravate underlying conditions or cause a cardiac event.
Cold Water Shower & Swimming Risks: Including cold water shock leading to involuntary gasping and drowning; hypothermia (including delayed post-exposure hypothermia); drowning from swimming inability or panic; injury from striking submerged objects; being swept away by currents; and exposure to waterborne bacteria or marine life. Swimming is at your own risk.
Equipment & Vessel System Risks: Including a propane leak leading to fire or explosion; carbon monoxide poisoning from engine exhaust or equipment malfunction; engine or steering system failure leaving the vessel adrift and without control; and electrical system failure causing loss of navigation or fire.
Environmental Risks: Including the sudden onset of adverse weather such as high winds, large waves, fog, or heavy rain; lightning strikes; and the challenges of operating in darkness, reduced visibility, and floating debris.
Human Factor & Guest-Related Risks: Including risks arising from undeclared medical conditions; intoxication of myself or other guests; failure of myself or other guests to follow crew instructions; intentional or unintentional harmful actions by other guests; panic during an emergency; my own failure to act within my abilities and limitations, including the improper, misfitted, or refused use of personal flotation devices (PFDs) or other safety equipment.
Wildlife & Allergies: Encounters with marine life (e.g., seals, jellyfish) and potential allergic reactions.
I ACKNOWLEDGE THAT THIS LIST IS NOT EXHAUSTIVE AND THAT OTHER UNANTICIPATED RISKS MAY ARISE. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS, AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR LOSS RESULTING THEREFROM, INCLUDING THE RISK OF THE RELEASEES’ OWN NEGLIGENCE.
HEALTH STATEMENT AND MEDICAL DECLARATION
By signing this document, I represent and warrant the following:
I am in good physical and mental health and am not aware of any reason, medical or otherwise, why I should not participate in the Activities. I am solely responsible for assessing my own physical fitness and limitations.
I understand that it is my responsibility to consult with a physician prior to my participation if I am in any doubt about my ability to safely engage in the Activities, especially if I am on any medications that may be affected by or interact with exposure to extreme heat or cold.
I hereby declare that I DO NOT suffer from any of the following conditions, which are known contraindications for sauna and cold water exposure:
Cardiovascular Conditions: Recent heart attack, unstable angina pectoris, severe aortic stenosis, heart failure, pacemaker, or other significant heart disease.
Blood Pressure Issues: Uncontrolled high blood pressure OR low blood pressure (orthostatic hypotension) that causes dizziness upon standing.
Neurological Conditions: Epilepsy, seizure disorders, a history of fainting spells, a history of stroke, or transient ischemic attacks (TIAs).
Pregnancy: I am not currently pregnant.
Respiratory Conditions: Severe or unstable asthma.
Other Conditions: Open wounds, skin sores, infectious skin diseases, or a current fever/illness, kidney disease, or any condition that affects my body’s ability to regulate temperature. I agree to inform the crew immediately if I begin to feel unwell at any point during the Activities.
Minors. Participation is strictly limited to ages 16+. Parental/guardian signatures do not release negligence claims for minors in British Columbia, and minors are not permitted to participate.
AGE AND SOBRIETY DECLARATION
I hereby declare that I am 16 years of age or older. I further declare that I am not under the influence of alcohol, recreational drugs, or any medications that could impair my judgment or physical abilities.
PARTICIPANT’S DUTY
I agree that I have an ongoing responsibility for my own safety and understand that swimming is at my own risk. I will immediately remove myself from participation, and notify the crew, if at any time I sense or observe any unusual hazard or unsafe condition, or if I feel that I have experienced any deterioration in my physical, emotional, or mental fitness for continued participation.I will follow all crew instructions; use handholds; move cautiously on wet/uneven surfaces; keep clear of propellers and restricted areas; and enter/exit the water only when and where directed (no diving or jumping). I understand rescue/evacuation may be delayed and no outcome is guaranteed. I will don and keep on a personal flotation device (PFD) whenever directed. The Operator, skipper, or crew may, in their reasonable discretion, deny boarding or remove any person who appears intoxicated, under 16, non-compliant with instructions, or otherwise unsafe. Removal/denial on these grounds is not a cancellation by the Operator and no refund or credit is provided.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT
In consideration of the Releasees agreeing to my participation in the Activities, I hereby agree as follows:
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 participation in the Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING THE RELEASEES’ OWN 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, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, AND HAZARDS OF PARTICIPATING IN THE ACTIVITIES.
TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage, loss, or personal injury to any third party resulting from my participation in the Activities, including defence costs (legal fees on a solicitor-client basis), expert fees, disbursements, and settlement or judgment amounts. For clarity, this indemnity does not apply to the extent loss is caused by the Releasees’ wilful misconduct or intentional harm.
Limitation: This Release does not apply to the wilful misconduct or intentional harm of the Releasees.
Transportation Carve-Out (Public Roads). This Release applies to marine/vessel/tender/dock activities only. It does not waive rights regarding motor-vehicle transportation on public roads (if any), which are governed by applicable insurance statutes and law.
GOVERNING LAW AND JURISDICTION
This agreement shall be governed by the laws of the Province of British Columbia. Any litigation shall be brought solely within the exclusive jurisdiction of the Courts of the Province of British Columbia. If any provision of this agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. This is the entire agreement concerning the Activities and supersedes any prior representations. Headings are for convenience only and do not affect interpretation. If this Agreement is translated, the English version governs.
MEDIA RELEASE & PRIVACY CONSENT
I consent to having photographs, video, and/or audio recordings taken of me during the Activities and grant HIGH TIDE SAUNA LTD. the irrevocable and unrestricted right to use and publish these images, videos, and recordings in any and all media, now known or hereafter existing, for any purpose whatsoever, including but not limited to promotional, advertising, and commercial purposes, without compensation to me. I may opt out by emailing the Operator any time before boarding. I further consent to the collection of my personal information for safety and operational purposes, in accordance with British Columbia's Personal Information Protection Act (PIPA).
ELECTRONIC SIGNATURE CONSENT
By signing this document electronically, I consent to the use of my electronic signature in lieu of an original signature on paper. I agree that my electronic signature is legally binding. I consent to HIGH TIDE SAUNA LTD. keeping records (e.g., signature certificate, time/device/IP address, scroll and checkbox logs, my name on the manifest, and photos of posted safety/waiver signs) as reasonably necessary to evidence, notice and consent.
VOLUNTARY AGREEMENT & ACKNOWLEDGEMENT
I acknowledge that I have not relied on any oral or written representations made by the Releasees other than what is set forth in this agreement. I have been given the opportunity to read this agreement in its entirety and to ask any questions I may have. I confirm that I have had sufficient time to read and understand this agreement without duress or pressure, and I have had the opportunity to seek independent legal advice if desired. I understand that this document is a complete release of liability and I am signing it freely and voluntarily.