RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK & INDEMNITY AGREEMENT

WARNING: PLEASE READ CAREFULLY BEFORE SIGNING! THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION

The person participating in the whale watching or other excursions (the “Activity”) requested from Esquimalt Eco Tours Inc. is identified as the “Participant.” I am the Participant or, if the Participant is under 19, I am the Participant’s parent or legal guardian.

I understand that the Activity is potentially hazardous and has inherent risks which include without limitation: bad weather including rain, lightning or high winds; rough or variable sea conditions including currents, eddies, swells, and wakes from other vessels; floating objects and hazards such as wrecks, cables, stumpage, rocks and shoals; dangerous actions by wildlife; equipment faults and/or failure; wet or slippery decks, ramps or stairs; sudden or violent movement of the vessel; prolonged exposure to cold water; capsizing; negligence of participants and other persons or guides.

I willingly accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property damage or loss resulting from the Activity as my own risk.

I understand that the excursion is not recommended for people with spinal, back, neck or hip problems, in frail health or for pregnant women, or for anyone with health conditions that may be aggravated by the changing sea conditions and the resulting motion of the boat.

In consideration for allowing Participant to participate in the Activity, I AGREE, to the fullest extent of the law, TO WAIVE ANY AND ALL CLAIMS AGAINST AND TO HOLD HARMLESS, RELEASE, INDEMNIFY AND AGREE NOT TO SUE Esquimalt Eco Tours and its affiliates, agents, employees, representatives, assignees, officers and directors (each a “Released Party”) FOR ANY INJURY INCLUDING DEATH, LOSS, PROPERTY DAMAGE OR EXPENSE, WHICH THE PARTICIPANT MAY SUFFER ARISING IN WHOLE OR IN PART OUT OF PARTICIPANT’S PARTICIPATION IN THE ACTIVITY INCLUDING , BUT NOT LIMITED TO, THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE OR BREACH OF ANY CONTRACT AND/OR EXPRESS OR IMPLIED WARRANTY OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF ANY RELEASED PARTY TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT AGAINST THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITY.

In further consideration for allowing Participant to Participate in the Activity, I FURTHER RELEASE AND GIVE UP ANY AND ALL CLAIMS AND RIGHTS THAT I MAY NOW HAVE AGAINST ANY RELEASED PARTY AND UNDERSTAND THIS RELEASES ALL CLAIMS, INCLUDING THOSE WHICH I AM NOT AWARE OF, THOSE MENTIONED IN THIS RELEASE AND THOSE RESULTING FROM ANYTHING WHICH HAS HAPPENED UP TO NOW.

I ALSO AGREE TO PAY ALL COSTS INCLUDING ATTORNEY’S FEES, INCURRED BY ANY RELEASED PARTY IN DEFENDING AN INVESTIGATION, CLAIM OR LAWSUIT BROUGHT BY OR ON BEHALF OF PARTICIPANT WHETHER ARISING IN WHOLE OR IN PART FROM PARTICIPANT’S PARTICIPATION IN THE ACTIVITY OR FROM ANY MISREPRESENTATION OR FRAUDULENT EXECUTION OF THIS AGREEMENT.

I represent that Participant is in good health and that there are no special problems associated with Participant’s physical or mental condition. I authorize a licensed physician or other medical care provider to carry out any emergency medical care for Participant, which may be necessary and agree to be fully responsible for any costs associated with such care or transport to such care.

I agree that any and all claims for loss, injury and/or death arising from Participant’s participation in the Activity shall be governed by the law of British Columbia and that exclusive jurisdiction of any such claim shall be in a court of competent jurisdiction in British Columbia.

BY SIGNING ON BEHALF OF A MINOR OR OTHER PARTICIPANT, I REPRESENT THAT I AM AUTHORIZED TO SIGN ON PARTICIPANT’S BEHALF and/or I AM THE PARENT OR LEGAL GUARDIAN OF THE MINOR PARTICIPANT and acknowledge that Participant is bound by all the terms of this Agreement. I understand that the minor Participant would not be permitted to take part in any of the Activities unless I agree to the terms of this Agreement. By signing this Agreement without a parent or legal guardian’s signature, I represent, under penalty of fraud that I am at least 18 years old (US) or 19 years old (Canada).

I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS 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.

MINOR PARTICIPANT INFORMATION – PARENT/GUARDIAN TO COMPLETE, SIGN & DATE BELOW

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Minor #1, Last Name, First Name Date of Birth (mm/dd/yyyy)

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Minor #1, Last Name, First Name Date of Birth (mm/dd/yyyy)

ADULT PARTICIPANT/PARENT/LEGAL GUARDIAN – TO COMPLETE, SIGN & DATE BELOW

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SIGNATURE Date

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Adult Participant – Last Name, First Name Date of Birth (mm/dd/yyyy)

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Street Address/Mailing Address City

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Province/State Postal Code/Zip Code

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EMERGENCY CONTACT PHONE NUMBER