Waiver

Waiver – Cabinscape

ASSUMPTION OF RISK, WAIVER OF LIABILITY, RELEASE AND INDEMNITY AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING

In consideration of being permitted to stay at, access, or otherwise use any cabin, land, facilities, or property operated, owned, leased, or managed by Cabinscape Inc. (the “Company”), I hereby acknowledge, agree, and warrant as follows:

1. Assumption of Risk

I acknowledge and understand that staying at, accessing, or using a Cabinscape cabin or property involves inherent, known, and unknown risks and hazards, including but not limited to:

  • Risks associated with outdoor, forested, rural, wilderness, and remote environments, including uneven or natural terrain, falling branches or trees, wildlife encounters, insects, water hazards, weather conditions, and fire hazards;
  • Risks associated with cabins, structures, and amenities, including decks, stairs, docks, fire pits, wood stoves, propane or fuel-powered appliances, heating systems, tools, and outdoor equipment;
  • Risks associated with off-grid or semi-off-grid services, including limited power, water, lighting, or communications;
  • Risks of personal injury, illness, infectious disease, permanent disability, death, property damage, or loss;
  • Risks arising from remoteness, including delayed, limited, or unavailable access to emergency services, ambulances, fire services, police, or rescue vehicles;
  • Risks associated with structures or buildings that may not be constructed, permitted, inspected, or maintained in accordance with the National Building Code of Canada and/or the Ontario Building Code, or that may differ from conventional residential standards;
  • Risks arising from self-directed activities, unsupervised use of the property, or reliance on my own judgment and abilities.

I voluntarily and freely assume all such risks, whether foreseeable or unforeseeable, even if arising from the negligence of the Company or others, to the fullest extent permitted by law.

2. Personal Responsibility

I represent and warrant that:

  • I am physically, mentally, and emotionally capable of staying at and using the property safely;
  • I accept full responsibility for my own conduct and safety, as well as that of any minors or guests accompanying me;
  • I will act responsibly, use all facilities and equipment safely, and comply with any posted rules, instructions, or guidance;
  • I will remove myself from any situation I believe to be unsafe.

3. Emergency Access and Medical Care

I understand and acknowledge that:

  • Cabinscape properties may be remote or inaccessible to emergency or service vehicles;
  • Emergency response times may be delayed or unavailable;
  • The Company does not guarantee emergency or medical services;
  • It is my sole responsibility to seek medical assistance or reach the nearest emergency access point if required.

4. Release and Waiver of Liability

On behalf of myself, my heirs, executors, administrators, assigns, and next of kin, I hereby release, waive, and forever discharge the Company and its directors, officers, employees, agents, contractors, volunteers, landowners, lessors, affiliates, and representatives (collectively, the “Released Parties”) from any and all claims, demands, actions, damages, losses, costs, or liabilities of any kind, whether known or unknown, arising out of or related to my presence at, use of, or stay on a Cabinscape property, including those arising from the negligence of the Released Parties, to the fullest extent permitted by law.

5. Covenant Not to Sue

I agree that I will not commence or maintain any action or proceeding against any of the Released Parties for any injury, loss, damage, or expense arising from my stay at or use of a Cabinscape cabin or property.

6. Indemnification

I agree to indemnify and hold harmless the Released Parties from and against any and all claims, actions, liabilities, damages, costs, or legal expenses (including solicitor-client costs) arising from:

  • My presence at or use of the property;
  • My acts or omissions;
  • Any breach of this Agreement by me.

7. Governing Law

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

8. Acknowledgement

I acknowledge that:

  • I have read and fully understand this Agreement;
  • I understand that I am giving up substantial legal rights;
  • I am signing this Agreement voluntarily and without inducement;
  • The Company is relying on my representations and agreements in permitting my stay and use of the property.

By signing below, I confirm my agreement to this Assumption of Risk, Waiver of Liability, Release and Indemnity Agreement.

    Printed Name(s) of Participant and Minor(s)