PLEASE REVIEW OUR WAIVER THAT YOU WILL BE SIGNING ON THE DAY OF YOUR RENTAL


Stand-up Paddle Boarding Waiver and Release Agreement

(the “Agreement”)

PLEASE READ CAREFULLY AS YOU ARE WAIVING CERTAIN LEGAL

RIGHTS BY SIGNING THIS WAIVER

In consideration of the services of Shining Waters Marine Services Ltd., its owners, members, officers,

directors, agents, employees, volunteers and all other persons or entities acting in any capacity on its

behalf (hereafter referred to as “SWMS”), I hereby agree to release and discharge SWMS, on behalf of

myself, my spouse, my children, my parents, my heirs, my family, my friends, assigns, personal

representatives and estate as follows:

1. I acknowledge outdoor activities such as Stand-up Paddle Boarding, including instruction and

travel to and from such activities, entail known and inherent risks, as well as unknown and

unanticipated risks, which may include, but are not necessarily limited to, serious emotional or

physical injury, paralysis, death, drowning or damage or loss to myself, third parties and my own

or others’ property. I understand such risks cannot be eliminated without jeopardizing the

essential qualities of the activity.

2. I acknowledge SWMS staff have difficult jobs to perform. SWMS staff seek to uphold the safety

of all customers but are not infallible; they may not be aware of a participant’s level of fitness or

ability. There is risk that SWMS staff may misjudge the weather, the elements, terrain, trail,

or river route location. They may also give insufficient warnings or instructions, and the

equipment being used may malfunction.

3. I hereby voluntarily release, discharge and agree to indemnify and hold harmless SWMS from

any and all claims, demands, liability, losses or causes of action which are in any way connected

with my participation in this activity or the use of SWMS equipment or facilities, including, but

not necessarily limited to, any and all claims related to injury to person or property, disability or

death, whether arising from the negligent act or omission of SWMS or otherwise, breach of

contract and/or warranty or any other legal basis. This waiver does not apply to claims, losses

or liability determined to be the result of the gross negligence or willful misconduct of SWMS.

4. In signing this Agreement, I fully recognize that if any injury, illness, death, loss or damage is

experienced by me, I will have no right to make a claim or file a lawsuit against SWMS.

5. Should SWMS or anyone acting on its behalf, be required to incur legal fees and costs to enforce

this Agreement, I agree to indemnify them for all such fees and costs. I agree that this

Agreement is governed by the laws of Nova Scotia and that any legal action resulting from my

participation in this activity shall be brought only in Halifax, Nova Scotia. If any portion of this

Agreement is deemed invalid or unenforceable, all other portions of this Agreement shall

remain in full force and effect.

6. I certify that I have no medical or physical conditions which could interfere with my safety in

this activity, or else I am willing to assume the risks and bear the costs of all risks that may be

created, directly or indirectly, by any such condition.

7. I understand it is required by law to have a properly fitted Transport Canada approved floatation

device (Lifejacket/PFD) while in and on the water. The undersigned understands that SWMS is

not providing training in connection with the rental of equipment. The undersigned assumes

full responsibility for deciding where, when and with whom to float/paddle with. The

undersigned acknowledges and agrees that the rental equipment provided by SWMS is for the

sole and exclusive use of the undersigned and may not be used by or rented to any other

person/entity.

8. I hereby grant SWMS the right to take and utilize photographs and video of me participating in

the activity for the purposes of general sales, promotion, and advertising.

I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND ITS CONTENTS AND I AGREE TO

BE BOUND BY ITS TERMS. I AM AWARE THIS IS A WAIVER AND A RELEASE OF LIABILITY AND I

AM SIGNING IT VOLUNTARILY. I ALSO UNDERSTAND THAT I SHOULD NOT AND MAY NOT