TUFF CITY SAUNAS INC.

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK WARNING, RENTAL AGREEMENT AND INDEMNIFICATION AGREEMENT

WARNING: PLEASE READ CAREFULLY BEFORE SIGNING!

BY SIGNING THIS AGREEMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT 

TO: Tuff City Saunas Inc. AND IF APPLICABLE DURING RENTAL OF FIXED LOCATION SAUNAS AT MACKENZIE BEACH RESORT LTD, PACIFIC SANDS BEACH RESORT, DUFFIN COVE RESORT OR ANY ESTABLISHMENT THAT CONTRACTS THE SERVICES OF TUFF CITY SAUNAS INC: as well as ALL of the aforementioned parties owners, officers, directors, partners shareholders, agents, employees, independent contractors, affiliates, volunteers, representatives, successors, and assignees of Tuff City Saunas Inc. and MacKenzie Beach Resort Ltd., and all other persons or entities acting in any capacity on their behalf (hereinafter collectively - referred to as “The Releasees”):

DEFINITION: This agreement shall apply to all activities, events or services provided, arranged, organized, sponsored or authorized by The Releasees, including but not limited to: sauna and sauna-change room use, sauna area use: (patio, deck-lounging area, stairs, chairs, picnic tables, barbeque, fire-pit, fire-wood storage area, fire-wood loading area, wood-burning stove area, grass lounging areas and any other areas or amenities on MacKenzie Beach Resort property), beach use, swimming, and travel to and from locations used for the activities.

I UNDERSTAND THAT PARTICIPATION IN THESE ACTIVITIES CAN BE HAZARDOUS AND MAY INVOLVE THE RISK OF PHYSICAL INJURY OR DEATH. I acknowledge that my participation in the activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the activities. The risks and hazards include but are not limited to slips, trips and falls on slippery uneven surfaces stairs and sauna flooring and benches; hot and cold weather exposure; using sauna facilities in inclement weather including storms, lightning, and high wind; any natural disaster including but not limited to flooding, entrapment by trees, logs, deadfall; variation in terrain including holes, depressions, loose gravel, rocks, mud, roots, creeks; impacts with trees, tree stumps, forest deadfall, rocks or other natural or manmade objects on or adjacent to the sauna access; encounters with wild and domestic animals; lack of shelter; limited access to and/or delay of medical attention; leasee’s/renters health condition; physical exertion; exhaustion; dehydration; hypothermia; heat-related illnesses; mental distress; inability to act safely or within one’s ability; and negligence or failure of other persons to act safely; equipment failure or malfunction; burns from hot steam or hot metal contact, chimney flu exhaust gases, firewood handling and hot coals, incendiary devices/agents such as firestarter sticks/logs, butane lighters/torches; pinch points and crush hazards while loading firewood; overhead hazards including but not limited to door jams, roof eves, chimney flu, wood storage box, and overhead trees and vegetation. I understand that the participation in these activities may result in muscle and joint sprains and strains; cuts and bruises; broken/crushed extremities; contusions; concussions; internal injuries and other serious injuries including paralysis or death. I understand that I should not use sauna if I have any underlying health issues and that it is my responsibility to consult a physician before sauna use. 

RECOGNIZING THESE RISKS AND DANGERS, I VOLUNTARILY CHOOSE TO PARTICIPATE IN THE ACTIVITIES AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE ACTIVITIES, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE. (Initials)

In consideration of the Releasees allowing me to participate in the activities and permitting my use of their equipment, I AGREE , to the greatest extent permitted by law, TO WAIVE ANY AND ALL CLAIMS AGAINST AND TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND AGREE NO TO SUE Tuff City Saunas Inc. OR MacKenzie Beach Resort Ltd., either of their insurers, company owners, officers, directors, partners, shareholders, agents, guides, instructors, independent contractors, affiliates, volunteers, participants, employees, representatives, successors and assignees of the releasees, and all other persons or entities acting in any capacity on their behalf (each a “Released Party”) FOR ANY INJURY, INCLUDING DEATH, LOSS IN WHOLE OR IN PART OUT OF MY PARTICIPATION IN THE ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE OR BREACH OF ANY CONTRACT OR NEGLIGENT REPRESENTATION AND/OR EXPRESS OR IMPLIED WARRANTY OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, c337. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF ANY RELEASED PARTY TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES. 

In consideration for allowing me to participate in the Activities, I further release and give up any and all claims and rights that I may have against any released party and understand this releases all claims, including those of which I am not aware, those not mentioned in this release and those resulting from anything that has happened up to now.

I acknowledge that I have been briefed on best practices and use of all equipment related to the sauna by a staff member, including safe practices for fire-starting and maintaining; fire extinguisher use (mnemonic “PASS”: pull pin, Aim, Squeeze and Sweep); first aid kit location, ventilation of sauna hot room using door; sauna doorway entry and exit, including door hardware operation; I understand that there are staff members available 24 hours per day 7 days per week to answer any questions or concerns by phoning/texting: 250-706-7801 and that local emergency response can be reached at 911 on telephone. I am further aware that the physical exertion required of the activities can activate or aggravate pre-existing physical injuries, conditions or congenital defects. I acknowledge that I should seek medical advice if I know or suspect that my physical condition may be incompatible with the activities. I agree that I am not nor will I be under the influence of drugs or alcohol while participating in the activities.

I agree that this 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.

I agree that this agreement and any rights, duties and obligations as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction. I agree that any litigation involving the parties to this 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.

COVID-19 has been declared a global pandemic. I understand that COVID-19 is extremely contagious. The Releasees have put in place preventative measures to reduce the spread of COVID-19 consistent with provincial guidelines; however, The Releasees cannot guarantee that I will not become infected with COVID-19. I am currently not experiencing COVID-19 symptoms, nor have I had COVID-19 symptoms in the last 14 days. I represent and warrant to the Releasees that I have not been advised by the Government of Canada or the BC Centre for Disease Control or my doctor to self-isolate due to possible exposure to COVID-19. I am fully aware of the risks and dangers with respect to COVID-19 inherent in my participation in the activities.

In entering into this agreement, I am not relying upon any oral or written representations or statements made by the Releasees with respect to the safety of the activities other than what is set forth in this agreement.

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. 

I accept all equipment in its present condition and I accept full responsibility for the care of the equipment I am renting. I agree to pay for any damage to the equipment, and to replace the equipment at full retail value if it is lost or stolen. 

YOUR AGREEMENT TO PARTICIPATE IN THE ACTIVITIES DESCRIBED HEREIN IS INDICATED BY ENTERING YOUR ELECTRONIC SIGNATURE BELOW: