Liability Waiver

Wonder Acre Woods Association (WAWA)

RELEASE AND WAIVER OF LIABILITY FOR ALL CLAIMS OF ANY TYPE OF DAMAGES OF PARENTS, GUARDIANS, AND MINORS (Release and Waiver)

In consideration of being allowed to enter the Wonder Acre Woods facility (“WAWA”), use any equipment, or participate in any event and/or class, the undersigned, on his or her behalf and the behalf of the minor(s) listed below, enters into this release and waiver, as follows:

The undersigned knowingly, voluntarily, and fully assumes all risks; known and unknown, associated with the attendance at and/or participation in any and all activities, programs, parties or food and/or drink consumption, or any other event at The WAWA facility, and waives all claims for damage to personal property or injury to a person arising from such participation and expressly releases and waives any and all claims for damages. The undersigned does hereby surrender and waive any rights to sue or exercise any legal right to seek damage against The WAWA or any affiliates thereof, its owners, officers, members, agents, employees, directors, trustees, affiliates, other persons or entities acting on their behalf. THIS RELEASE AND WAIVER COVERS RISKS OF DEATH, SERIOUS INJURY, AND PROPERTY LOSS ARISING FROM NEGLIGENCE OR CARELESSNESS OR GROSS NEGLIGENCE ON THE PART OF THE PERSONS OR ENTITIES BEING RELEASED AND OTHER PARTICIPANTS.

The undersigned certifies that he or she is physically fit and may participate in the activities available at The WAWA facility, and has not been advised to the contrary by a qualified medical professional. The undersigned further certifies that he/she is aware of and is solely responsible for their consumption of any food or drink while at The WAWA facility.

The undersigned on his or her behalf and on behalf of any executor, heirs, successors, and assigns, hereby releases, discharges, and holds harmless any authorized entity doing business as The WAWA including its owners, officers, members, agents, employees, directors, trustees, affiliates, other persons or entities acting on their behalf from any and all claims, damages, or liability arising from death, disability, personal injury, property damage, or theft, or any kind of action. THIS INDEMNITY COVERS RISKS OF DEATH, SERIOUS INJURY, AND PROPERTY LOSS ARISING FROM THE NEGLIGENCE OR CARELESSNESS, OR GROSS NEGLIGENCE ON THE PART OF THE PERSONS OR ENTITIES BEING INDEMNIFIED.

The undersigned agrees to pay for all damages to the facilities of The WAWA caused by them or their family’s negligent, reckless, or wilful actions.

The undersigned agrees to abide by rules and conditions of participation and/or attendance, posted at or explained by an employee at The WAWA facility. If the undersigned experiences any significant hazard or injury during such participation, the undersigned will promptly inform a WAWA adult.

The undersigned acknowledges that this release and waiver of liability form will be used and relied upon by the WAWA and that it will govern the undersigned’s actions and rights.

In addition to any rules verbally expressed or posted on-premises, these rules must be followed: Children and adults must show respect to other people and the equipment at all times. Children and adults are prohibited from entering off-limit areas without permission. Off limit areas are but are not limited to water cistern areas, tools, storage, and wood sheds, and any areas stated by WAWA adults. Participants must stay in the designated inside the area - the `Wonder Acre room’, and are prohibited from accessing private areas. Children and adults are prohibited from entering the forested area of the WAWA if they have been directed by a WAWA adult not to enter due to windy conditions or other reasons. Running in the garden area is strictly prohibited. Running in the forested area is permissible on the designated main trail. Participants must stay on the main trail while in the forested area unless given permission and supervised by a WAWA adult. Participants are prohibited from playing with sticks or other objects in a potentially unsafe manner. Participants must have permission to use tools and must be supervised. Power tool use is prohibited. Tree climbing is prohibited above one meter. Safety glasses and other PPE must be used when appropriate. Campfire rules are: no running in the campfire area, maintain a distance of one meter from the fire, and only adults are allowed to tend the fire.

Each participant must have a form signed, either by them or if you are under the age of 18 years, then signed by a legal guardian/parent/designated representative. If a person is not signed then the person will not be able to participate in The WAWA activities, events, classes, or use the facilities. If a membership is purchased, the waiver will cover the length of the membership.

I promise to indemnify THE WAWA for any attorneys' fees and/or costs incurred to enforce this agreement, including all costs associated with any collection efforts.

Any provision of this Agreement that shall be prohibited or unenforceable shall be deemed ineffective to the extent of such prohibition or unenforceability without invalidation of the remaining provisions thereof, which shall all remain in full force and effect.

I represent that I am the parent or legal guardian of the child(ren) named below, or I have obtained permission from the parent/legal guardian of such child(ren) to execute this agreement on their behalf. I agree that the child(ren) named below and I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions as conditions for participation in any program and/or class at The WAWA. I am aware that there are inherent risks associated with participation in The WAWA programs, classes, and/or facility. I either have full knowledge and understanding of the nature and extent of such risks or I expressly recognize that there may be some risks unknown to me and sign this document knowing that it shall be effective with respect to such risks. I, on behalf of myself and the child(ren) names below, knowingly and freely assume all such risks, including, but not limited to, personal injury, death, and property damage, and those risks that may arise out of the negligence of other child(ren) and/or those arising out of or relating to participation in any and all of The WAWA programs, classes, or use of the facility.

Any controversy, dispute, or claim arising out of or related to this Agreement, which the parties are unable to resolve by mutual agreement, shall be settled exclusively by submission by either party of the controversy, claim or dispute to binding arbitration; said arbitration to take place exclusively before a single arbitrator located within 25 km of the Event location and in accordance with the rules of the province of British Columbia then in effect.

I agree that this Waiver and Release is intended to be as broad and inclusive as permitted by the laws of the province of British Columbia and that this Waiver and Release shall be governed and interpreted by the laws of the province of British Columbia. If any provision or provisions of the Waiver and Release shall be held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

I have read this document before signing, and I fully understand the content, meaning, and impact of this consent, waiver, indemnity, and release.