RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK WARNING AND INDEMNIFICATION AGREEMENT.

PLEASE READ CAREFULLY!

BOOKING A BOAT TOUR ACTIVITY WITH PHOCA TOURS IMPLIES CONCURRING TO THIS AGREEMENT, WITH WHICH YOU WILL WAIVE CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT.

TO: PHOCA TOURS, ITS DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SUBCONTRACTORS, AND REPRESENTATIVES (all of whom are hereinafter referred to as the “RELEASEES”)

DEFINITION

In this agreement the term “Boat Tour Activities” includes all activities in any way related to boating, travel upon and along waterways, orientation, guiding and instruction, transportation or travel to and from program activities, embarkation and debarkation, loading and unloading of equipment, instruction sessions and exercises, and all activities while participating in the program, including, consumption of food and drinks, while under contract with Phoca Tours.

ASSUMPTION OF RISK

I (for all members of the party for whom I book this Boat Tour Activity, hereinafter referred to as the “RELEASER”) am aware that Boat Tour Activities involve risks, dangers and hazards including, but not limited to: accidents which occur during transportation or travel to and from the activities; accidents which occur during Boat Tour Activities, such as falling into calm or swift moving water, or falls along rough shorelines, exposure to COVID-19 or other contagious virus or disease; negligence of other individuals, negligence of other parties participating in Boat Tour Activities and NEGLIGENCE ON THE PART OF PHOCA TOURS TO SAFEGUARD AND PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF ACTIVITIES. I, RELEASER, FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGER AND HAZARDS ASSOCIATED WITH BOAT TOUR ACTIVITIES AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM. I, Releaser, am aware that the physical exertion required in participation in Boat Tours and the forces exerted on the body can activate or aggravate pre-existing physical injuries, conditions, symptoms or congenital defects. I understand that if I know or suspect that my (or any of my party members) physical condition may be incompatible with Boat Tours Activities that I/he/she should refrain from participation and seek medical advice before undertaking Phoca Tours’ Boat Tours Activities.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

In consideration of Phoca Tours agreeing to my participation in Boat Tours Activities and permitting my use of its equipment and other facilities, and for other good and valuable considerations, the receipt and sufficiency of which is acknowledged, I, Releaser, hereby agree as follows:

1. TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expenses or injury including death that I may suffer or that my next of kin may suffer as a result of my participation in Boat Tour Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF THE RELEASEES AND FURTHER INCLUDING FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF BOAT TOURS ACTIVITIES REFERRED TO ABOVE.

2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in Boat Tour Activities.

3. That this Agreement shall be effecting and binding upon my heirs, next of kin, executors, administrators and assigns, in the event of my death.

4. That this Agreement shall be governed by and interpreted in accordance with the laws of the Province of New Brunswick and any litigation involving the parties to this Agreement shall be brought within the Province of New Brunswick.

In entering into this Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of Boat Tours Activities, other than what is set forth in this agreement. I, Releaser, have read and understood this agreement prior to booking and subscribe to it. I am aware that by subscribing to this Agreement I am waiving certain legal rights which I, Releaser, or my/their heirs, next of kin, executors, administrators and assigns may have against the Releasees.

Participant Privacy Policy

I, Releaser, hereby consent to Releasees to collect personal information about me and the members of the party for whom I book this Boat Tour Activity, that Releasees need to process my booking for the Boat Tour Activity, as well as for legal purposes (i.e. Covid-19 regulations). This personal information may be collected via the online entry process or when being asked to provide (further) information, and it may include contact details, date of birth, address, phone number and financial information (i.e. credit card details) of me and the members of the party for whom I book this Boat Tour Activity.

The personal information that I provide will only be used to contact me if Releasee has any queries about my booking and/or participation, and/or to notify me if any circumstances prevent the Activity, that I have booked for, from commencing in time and/or to process the payment details that I have provided. Payment details may be retained for as long as may be necessary to allow Releasee to process any refund of my payment that may be due to me.

My personal information will not be shared outside Releasees company, unless for judicial purposes (i.e. Covid-19 regulations).

I reserve the right to request the personal information that Releasee holds about me and/or to ask Releasee to delete or correct any of that personal information and/or to prevent from processing it;

I can withdraw any consent that I have given. This does not affect the lawfulness of processing based on consent before my withdrawal.

MEDIA CONSENT

I, Releaser, hereby consent to Releasees and other participants of Phoca Tours Boat Tour Activities to take or have taken by others, photographs, digital images and/or audio and/or video footage (the images) of me or any other person in my party, and to store the images, make copies of the images and publish the images in any form, in whole or in part, and distribute them in any medium including, but not limited to, print media, the Internet, CD-ROM, other multi-media uses or graphic representation, cinematography or video.

I consent to the images being used by Releasees and other participants of Phoca Tours Boat Tour Activities for the following purposes only:

• Personal and bona fide use,

• General news or promotion of Boat Tour Activities on TV, Radio or in Newspapers, in trade and other journals and on websites and the internet, whereas Releasees undertake not to use any images in a way that would cause embarrassment or misrepresent the intent of Releaser’s participation. I understand that I, Releaser, will not be paid for giving this permission and I hereby waive any claim that I or we may have or may have had for remuneration, residuals, royalties or any other payment in respect of use of the images. I agree that Releasees and other participants of Phoca Tours Boat Tour Activities shall not be bound to make any use of these images.