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Park Pass Waiver

1. The risk of injury from the activities involved at Kivi Park is significant, including the potential for permanent paralysis and death, and while particular rules, equipment and personal discipline may reduce this risk, the risk of serious injury does exist; and,
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
3. I willingly agree to comply with the stated and customary terms and conditions for participation. If however I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,
4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby release and hold harmless Kivi Park, their officers, officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event with respect to any and all injury, disability, death, or loss or damage to person or property, whether arising from the negligence of the Releasees or otherwise.
5. I acknowledge that wearing a helmet is mandatory when biking on Kivi Park property. If I choose to participate in cycling activities without wearing a helmet, I do so at my own risk and accept full responsibility for any injury, loss, or harm that may result, including that caused by the negligence of the Releasees.
6. I understand that Ontario law requires the use of a lifejacket or personal flotation device (PFD) when using a canoe, kayak, paddleboard, or similar watercraft. Whether using personal or Kivi Park rental equipment, I agree to wear a properly fitted lifejacket at all times. If I choose not to, I do so at my own risk and accept full responsibility for any resulting injury, loss, or fatality, including those arising from the negligence of the Releasees.
7. I understand that I am not allowed to participate in any activity at Kivi Park until I have signed this waiver.
8. I have read this release of liability and assumption of risk agreement, fully understand its terms, understand that I may have given up substantial rights by signing it, and sign it freely and voluntarily without any inducement.
9. I acknowledge that “Kivi Park” is a facility owned and operated by the KIVI PARK COMMUNITY FOUNDATION in whose favor this Waiver is directed.