PLEASE READ CAREFULLY

THIS IS A LEGALLY BINDING AGREEMENT.

By signing this Agreement, you acknowledge that paddle boarding, swimming and other water-based recreational activities involve risks of SERIOUS PERSONAL INJURY, PERMANENT DISABILITY, PROPERTY DAMAGE AND DEATH.

YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FROM SUPCOVE AND THE OTHER RELEASED PARTIES FOR INJURY, DEATH, LOSS OR DAMAGE, INCLUDING CLAIMS ARISING FROM NEGLIGENCE, TO THE FULLEST EXTENT PERMITTED BY LAW.

Do not sign this Agreement unless you have read and understood it.

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1. Who This Agreement Covers

In this Agreement, “SUPCove” includes SUPCove, its owners, operators, employees, instructors, guides, contractors, representatives, volunteers, agents, affiliates, equipment suppliers and any other persons or entities acting on its behalf.

Collectively, these parties are referred to as the “Released Parties.”

This Agreement applies to participation in any SUPCove activity, including but not limited to:

• Paddle board lessons
• Beginner paddle board experiences
• Guided paddle board tours
• Paddle Buddy sessions
• Seniors paddle board experiences
• Private and group instruction
• Photo Shoot Experiences
• Rental-related activities
• Demonstrations
• Events
• Swimming associated with an activity
• Entering or exiting the water
• Launching and landing
• Carrying, loading, unloading or handling equipment
• Use of paddle boards, paddles, personal flotation devices, leashes and other equipment
• Transportation or movement associated with an activity
• Any other water-based or recreational activity organized, provided or facilitated by SUPCove

These are collectively referred to as the “Activities.”

2. Acknowledgement of Risks

I understand and acknowledge that participation in the Activities involves inherent, obvious and unexpected risks, dangers and hazards.

These include, but are not limited to:

• Drowning
• Falling from a paddle board
• Falling while entering or exiting the water
• Slipping or tripping on beaches, docks, rocks, paths or wet surfaces
• Deep water
• Sudden changes in water depth
• Inability to reach shore
• Cold water exposure
• Hypothermia
• Hyperthermia and heat-related illness
• Sun exposure and sunburn
• Dehydration
• Fatigue and physical exhaustion
• Strong winds
• Waves and wakes
• Currents
• Sudden or changing weather
• Lightning and storms
• Reduced visibility
• Underwater objects
• Rocks, logs, branches, vegetation and debris
• Docks, buoys, boats and other structures
• Collision with other paddle boards
• Collision with boats, personal watercraft or other vessels
• Collision with swimmers or other recreational users
• Collision with fixed or floating objects
• Equipment failure or malfunction
• Loss or failure of a paddle
• Failure or detachment of a fin
• Deflation, puncture or damage to a paddle board
• Leash entanglement
• Personal flotation device failure or improper fit
• Injury while carrying, launching or retrieving equipment
• Cuts, abrasions, bruises, sprains, fractures and head injuries
• Wildlife, insects and aquatic life
• Illness or medical emergencies
• Delayed rescue or emergency medical response
• Limited or unavailable cellular service
• Errors in judgment by participants
• Errors in judgment by other recreational users
• The actions or negligence of other participants or third parties
• Becoming separated from a group, instructor or guide
• Failure to follow instructions
• Risks that may not presently be known or reasonably foreseeable
• NEGLIGENCE OF THE RELEASED PARTIES

I understand that this list is not exhaustive.

3. Water Conditions Can Change Without Warning

I understand that lakes and other bodies of water are natural and uncontrolled environments.

Weather, wind, waves, currents, visibility, temperature, boat traffic and other conditions can change rapidly and without warning.

I acknowledge that SUPCove cannot guarantee calm water, favourable weather, water depth, water quality, visibility, absence of hazards or any particular environmental condition.

The decision by SUPCove to begin or continue an Activity does not constitute a representation or guarantee that conditions are free from risk.

4. Assumption of Risk

I FREELY AND VOLUNTARILY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES AND THE POSSIBILITY OF PERSONAL INJURY, PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE OR OTHER LOSS RESULTING FROM THOSE RISKS.

I choose to participate despite these risks.

I understand that SUPCove cannot eliminate all risks associated with water-based recreational activities.

5. Release and Waiver of Liability

In consideration for being permitted to participate in the Activities, I RELEASE, WAIVE AND FOREVER DISCHARGE THE RELEASED PARTIES from any and all claims, demands, actions, causes of action, damages, losses, expenses and liabilities arising from or relating to my participation in the Activities, TO THE FULLEST EXTENT PERMITTED BY LAW.

This release is intended to include claims arising from:

NEGLIGENCE OF THE RELEASED PARTIES, INCLUDING ANY ALLEGED FAILURE TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES.

To the fullest extent permitted by applicable law, this includes claims relating to:

• Instruction
• Supervision
• Guiding
• Selection of activity locations
• Assessment of weather or water conditions
• Equipment selection
• Equipment inspection
• Equipment maintenance
• Equipment failure
• Launching or landing
• Emergency response
• Rescue attempts
• First aid
• Acts or omissions of employees, instructors, guides, contractors or representatives
• Any other alleged act or omission of the Released Parties

I understand that this Agreement is intended to limit the legal liability of the Released Parties to the fullest extent permitted by law.

6. Release for Serious Injury or Death

I expressly understand that the risks associated with the Activities may result in SERIOUS INJURY, PERMANENT DISABILITY OR DEATH.

I acknowledge that this Agreement is intended to apply even if an incident results in catastrophic injury or death, to the fullest extent permitted by applicable law.

7. Participant Responsibilities

I agree that I am responsible for my own safety and conduct during the Activities.

I agree to:

• Follow reasonable instructions provided by SUPCove staff, instructors and guides
• Wear any personal flotation device required by SUPCove or applicable law
• Use equipment as instructed
• Remain within designated activity areas when instructed
• Avoid reckless or intentionally dangerous behaviour
• Inform SUPCove immediately if I become tired, uncomfortable, injured or unable to continue safely
• Disclose any relevant limitation affecting my ability to participate safely when reasonably necessary
• Not participate while impaired by alcohol, cannabis, illegal drugs or any substance that could impair judgment, coordination or physical ability
• Exercise reasonable care for myself and others

I understand that I may stop participating at any time.

SUPCove may refuse, restrict or terminate my participation where SUPCove reasonably considers my behaviour or condition unsafe.

8. Swimming Ability

I understand that paddle boarding is a water activity and that falling into the water is reasonably foreseeable.

I have accurately represented my swimming ability to SUPCove.

I understand that wearing a personal flotation device does not eliminate the possibility of drowning or injury.

I agree not to intentionally misrepresent my swimming ability or water experience.

9. Personal Flotation Devices and Safety Equipment

Where SUPCove provides safety equipment, I agree to use it as instructed and to notify SUPCove if equipment appears damaged, improperly fitted or unsuitable before entering the water.

I understand that no personal flotation device, leash, paddle board or other piece of safety equipment can eliminate all risks associated with participation.

10. Equipment

I understand that recreational equipment can break, malfunction, deflate, become damaged or perform unexpectedly.

Before participating, I will notify SUPCove of any obvious equipment problem that I observe.

I agree not to intentionally misuse, modify or damage SUPCove equipment.

I acknowledge that equipment cannot be guaranteed to prevent injury.

11. Other Water Users

I understand that SUPCove does not control the conduct of:

• Boats
• Personal watercraft
• Swimmers
• Other paddle boarders
• Kayakers
• Wildlife
• Members of the public
• Other recreational users

I voluntarily assume the risks associated with their actions.

12. No Guarantee of Rescue

I understand that SUPCove instructors and guides may provide assistance during an emergency but cannot guarantee that rescue, first aid or emergency medical treatment will be immediately available or successful.

Environmental conditions, distance from shore, weather, other emergencies and circumstances outside SUPCove's control may delay emergency assistance.

13. Medical Treatment

If I become injured or experience a medical emergency and am unable to provide instructions, I authorize SUPCove to contact emergency services and provide reasonable assistance.

I understand that SUPCove personnel may not be medical professionals.

I am responsible for ambulance, hospital, medical, evacuation and other expenses incurred on my behalf except where applicable law requires otherwise.

14. Personal Property

I am responsible for my own personal property.

SUPCove is not responsible, to the fullest extent permitted by law, for phones, cameras, keys, wallets, jewellery, clothing, vehicles or other personal belongings that are lost, stolen, damaged or dropped into the water.

I understand that waterproof containers and dry bags do not guarantee that their contents will remain dry.

15. Weather, Cancellation and Modification of Activities

SUPCove may delay, relocate, modify, shorten or cancel an Activity when SUPCove considers it appropriate because of weather, water conditions, safety concerns, equipment problems, staffing, emergencies or circumstances outside its reasonable control.

I understand that environmental conditions may change after an Activity begins.

16. No Reliance on Safety Guarantee

I acknowledge that instructions, safety briefings, equipment, personal flotation devices, guides and supervision may reduce certain risks but cannot eliminate all risks.

I have not relied upon any statement or representation that the Activities are completely safe or risk-free.

17. Indemnity

To the fullest extent permitted by applicable law, I agree to indemnify and hold harmless the Released Parties from claims, losses, damages, liabilities or reasonable costs arising from:

• My intentional misconduct
• My reckless conduct
• My violation of safety instructions
• My misuse of equipment
• Damage I intentionally or negligently cause to SUPCove property
• Injury or damage I cause to another person through my wrongful conduct

Nothing in this section is intended to require indemnification where prohibited by applicable law.

18. Compliance With Instructions

I understand that failure to comply with safety instructions may result in immediate removal from an Activity.

Removal for unsafe behaviour does not create an entitlement to continue participating.

19. Photographs and Recording

I understand that photography or video may occur during certain SUPCove Activities.

Any separate authorization for SUPCove to use my image for advertising, social media or promotional purposes will be governed by the applicable photo/media consent presented to me.

Participation in an Activity alone does not replace any separate consent required by SUPCove for promotional use.

20. Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of the Province of British Columbia and the applicable laws of Canada.

Subject to any rights that cannot legally be restricted, the parties agree that disputes relating to this Agreement or participation in the Activities shall be brought in British Columbia.

21. Severability

If any provision of this Agreement is found to be invalid, unenforceable or contrary to applicable law, that provision shall be severed or limited only to the extent necessary, and the remaining provisions shall continue in effect to the fullest extent permitted by law.

22. Entire Agreement

I acknowledge that this Agreement contains the terms concerning my assumption of risk, release and waiver relating to participation in the Activities.

No oral statement made by an employee, instructor, guide or representative changes this Agreement unless confirmed in writing by an authorized representative of SUPCove.

23. Continuing Application

Unless SUPCove requires a new waiver or applicable law requires otherwise, I understand that this Agreement is intended to apply to the SUPCove Activity or Activities identified in connection with this Agreement.

SUPCove may require a new Agreement for future bookings, different activities or changed terms.

24. Acknowledgement and Agreement

I CONFIRM THAT:

• I have read this entire Agreement.
• I understand its terms.
• I understand the nature of the Activities.
• I understand that serious injury or death is possible.
• I understand that I am assuming risks associated with participation.
• I UNDERSTAND THAT I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES FOR CLAIMS ARISING FROM NEGLIGENCE, TO THE FULLEST EXTENT PERMITTED BY LAW.
• I have had the opportunity to ask questions before signing.
• I am signing voluntarily and without coercion.
• I intend to be legally bound by this Agreement.

Participant Full Legal Name: ______________________________

Date of Birth: ______________________________

Activity / Booking Number: ______________________________

Emergency Contact Name: ______________________________

Emergency Contact Phone: ______________________________

Participant Signature: ______________________________

Date: ______________________________

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PARENT / LEGAL GUARDIAN ACKNOWLEDGEMENT FOR PARTICIPANTS UNDER 19

I confirm that I am the parent or legal guardian of the minor participant identified above or otherwise have lawful authority to provide the acknowledgements and permissions requested in connection with the minor's participation.

I have read and understood the risks described in this Agreement and consent to the minor participating in the Activities.

I understand that the legal effect and enforceability of releases involving minors may differ from releases signed by adult participants, and this acknowledgement is intended to operate only to the fullest extent permitted by applicable law.

Minor's Full Legal Name: ______________________________

Minor's Date of Birth: ______________________________

Parent / Guardian Full Legal Name: ______________________________

Relationship to Minor: ______________________________

Parent / Guardian Signature: ______________________________

Date: ______________________________