Assumption Of Risks, Release Of Liability, Waiver Of Claims And Indemnity Agreement
BY ENTERING THESE PREMISES, YOU ARE AGREEING TO THE FOLLOWING ASSUMPTION OF RISKS, RELEASE, WAIVER AND INDEMNITY PROVISIONS
PLEASE READ CAREFULLY!
ASSUMPTION OF RISKS – I ACKNOWLEDGE AND AGREE THAT I AM ENTERING THE PREMISES FOR THE PURPOSES OF ATTENDING THE BASS COAST FESTIVAL (THE “FESTIVAL”) AND THAT THERE MAY BE CERTAIN RISKS OR HAZARDS PRESENT AT OR NEAR, OR POTENTIALLY OCCURRING UPON THE PREMISES, INCLUDING WITHOUT LIMITATION: INCLEMENT AND OR CHANGING WEATHER CONDITIONS; PROXIMITY TO WATER AT WHICH NO LIFEGUARD IS PRESENT; WILDLIFE; NEGLIGENCE OF OTHER INVITEES TO THE FESTIVAL; AND OR ANY NEGLIGENCE ON THE PART OF BASS COAST PROJECT LTD. (“BASS COAST”), ITS EMPLOYEES OR CONTRACTORS, TO SAFEGUARD OR PROTECT ME FROM THE RISKS OR HAZARDS OF ATTENDING AN OUTDOOR FESTIVAL. I acknowledge and agree that Bass Coast has a Harm Reduction Policy (https://basscoast.ca/pages/harm-reduction), which I have had the opportunity to review, and I freely accept all such risks, dangers and hazards and the possibility of personal injury, illness, death, property damage and loss resulting from both the foregoing risks and hazards and those possible as a result of any negligence that I or any other invitees may demonstrate from any failure to protect myself or oneself from any of the risks set out therein.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT – In consideration of Bass Coast accepting my payment for a ticket for entry to the Premises and permission to enter the Premises following a personal and vehicle search prior thereto (as fully described below), I hereby agree as follows:
1. TO WAIVE AND ALL CLAIMS that I have or may have in the future against Bass Coast and its directors, officers, employees, contractors, representatives, successors, assigns and Premises owner (collectively, the “Releasees”), and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense, harm or injury, including death that I may suffer, or that my next of kin may suffer resulting from either my use or my presence on the Premises or travel beyond the Premises during the Festival, 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, RSBC 1996, C.337, ON THE PART OF THE RELEASEES, AND ALSO INCLUDING ANY FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM ANY RISKS, DANGERS AND OR HAZARDS REFERRED TO ABOVE.
2. I acknowledge and agree that Bass Coast has a zero tolerance policy regarding illegal drugs at the Festival. Namely, it is prohibited on the Premises to: (a) use, distribute, sell and or be in the possession of illegal drugs; (b) distribute, sell or improperly use prescription or over-the-counter drugs. Any prescription drugs on my person must have a valid prescription with my name clearly listed on the prescription at all times and strictly in the dosage of medication required for the duration of the Festival. Bass Coast, its employees, contractors, volunteers and emergency response personnel on the Premises will closely monitor any potential illegal or prohibited drug activity during the Festival.
3. I acknowledge and agree that my entry upon the Premises is contingent upon my unconditional and voluntary acceptance to be searched personally and have my vehicle searched for the presence of drugs, weapons, alcohol, objects that may disrupt the peace and or jeopardize the safety of other invitees to the Premises and other prohibited items (including without limitation, glass, mirrors, flares, fireworks, and any non-service animal pets) (collectively, “Prohibited Items”) prior to my admission into the Premises and at any time thereafter during the Festival. If any Prohibited Items are found at any time either upon the entry search or any search during the Festival, then Bass Coast’s limited license of entry to the Premises granted to me shall be immediately revoked, such Prohibited Items seized from me and I will be immediately removed from the Festival. For the avoidance of any doubt, any alcohol located during any post-entry search that is not purchased from Bass Coast shall be considered a Prohibited Item and subject to the terms hereof.
4. I acknowledge and agree that Bass Coast and authorized third parties will be filming and recording artist performances and portions of the Festival, and will distribute such footage solely for promotional uses in relation to Bass Coast, and I hereby provide a release to Bass Coast, in perpetuity and on a worldwide, royalty free basis, to use, distribute and authorize the use, distribution of such footage for promotional purposes in its sole discretion.
5. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all loss, liability, damage or cost for any damage to property of or personal injury, including death, involving myself and or any third party, resulting from my use of or presence upon the Premises or travel beyond the Premises during the Festival, and or my actions and or omissions at, around or on the Premises during the Festival. I hereby waive, discharge, hold harmless and agree not to sue the Releasees in relation to any and all liability arising out of or in connection with the Festival for any claims, causes of actions, obligations, lawsuits, charges, damages, costs or experiences of whatsoever kind, nature or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise known or unknown, arising out of or related to the Festival, my attendance at the Festival and on the Premises, whether or not caused by the negligence or gross negligence of the Releasees.
6. This Agreement shall be effective and binding upon my heirs, executors, administrators and representatives in the event of my death or incapacity.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 any litigation shall be within the exclusive jurisdiction of the courts of the Province of British Columbia.