Pool & Exercise Facilities Agreement & Release of Liability

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Calabogie Peaks Resort grants the member use of the indoor pool, outdoor hot tub, and fitness room at the following Rates and on the following terms:

Monthly Rates

Members agree to pay the following monthly rates plus HST

  • Family Membership - $45.00 (up to 5, additional $5 per child/adult)
  • Couple - $30.00
  • Adult Membership - $20.00
  • Child Membership - $15.00

Terms

  • Members agree to not use the facility during Christmas to New Years week & March Break
  • Membership is non-transferable
  • Members may not bring - non - member guests to the facilities
  • Members will show their membership card at the front desk
  • Members will bring their own towels; and will not use resort towels
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE PLEASE READ CAREFULLY!!
To: Calabogie Peaks ULC, Dickson Interests Inc. and Calabogie Peaks Holding Inc. and their respective directors, officers, employees, volunteers, agents, independent contractors, subcontractors, representatives, sponsors, successors and assigns and their Directors, Officers, Employees, Agents and Representatives (the “Releasees”)
AS PART OF MY CONSIDERATION FOR THE USE OF THE RELEASEES’ POOL & EXERCISE FACILITIES AND CALABOGIE PEAKS’ RESORT PREMISES (which includes its restaurants, parking and other facilities, collectively referred to as the “Premises”), I AGREE TO THE FOLLOWING TERMS:
Assumption of Risks
1. I understand that swimming, exercising and using the hot tub involve many risks, dangers and hazards, including but not limited to body stress, drowning, heart failure, heat exposure, dehydration, infection, exposure to chemicals, muscles spasms, trips, slips, falls, and other injuries to the body, including injury from the negligence of others.
2. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.
Release of Liability, Waiver of Claims and Indemnity Agreement
In consideration of the Releases allowing me to use the Premises, I hereby agree as follows:
3. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the Releases and TO RELEASE THE RELEASES 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 either directly or indirectly, as a result of my use of the Premises, due to any cause whatsoever, including 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, on the part of the Releases, and also including the failure on the part of the Releases to safeguard or protect me from the risks, dangers and hazards of the pool, exercise facility, hot tub and the Premises referred to above;
4. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property of or personal injury to, any third party, resulting from my use of the Premises;
5. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and representatives, in the event of my death or incapacity; and
6. This Agreement shall be governed and interpreted in accordance with the laws of the Province of Ontario and any legal actions involving the Releasees shall be brought within the Province of Ontario.
I HAVE READ AND UNDERSTAND THIS AGREEMENT. BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE THAT I AM AGREEING TO THE FOLLOWING:
I. THAT I AM ASSUMING ALL RISK OF INJURY, LOSS OR DAMAGE WITH RESPECT TO MY USE OF THE PREMISES;
II. THAT I AM WAIVING ANY AND ALL CLAIMS ARISING FROM ANY CAUSE WHATSOEVER AGAINST THE RELEASES, ON BEHALF OF MYSELF AND MY HEIRS, SUCCESSORS AND ASSIGNS; AND
III. THAT I WILL INDEMNIFY THE RELEASES IF ANY SUCH CLAIMS ARE BROUGHT AGAINST THEM.
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30 Barrett Chute Road Calabogie, Ontario, K0J 1H0 | Toll Free: 1-800-669-4861