Waiver of Liability
Release of Liability, Waiver of Claims, Assumption of Risks, and Indemnity Agreement
(For Use in British Columbia, Canada)
WARNING: BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ CAREFULLY.
1. Definitions
In this Agreement:
- "Provider" refers to Synrink, including its owner, employees, contractors, agents, and representatives.
- "Participant" refers to the individual renting, using, or otherwise engaging with the synthetic ice products and services provided by the Provider.
- "Activities" refers to the use, installation, transportation, and any related engagement with synthetic ice products rented or provided by the Provider.
2. Assumption of Risks
The Participant acknowledges and agrees that:
- Activities involving synthetic ice carry inherent risks, including but not limited to:
- Slips, trips, and falls;
- Collisions with other individuals or objects;
- Damage to property or injury caused by improper use or installation;
- Unforeseen hazards or defects in the synthetic ice.
- These risks may result in serious injury, permanent disability, or death, as well as property damage.
- The Participant voluntarily assumes all risks associated with the Activities, whether or not they are caused by the negligence of the Provider.
3. Inspection and Acceptance
The Participant acknowledges that they have been given an opportunity to inspect the synthetic ice and related equipment upon delivery or installation. By signing this Agreement, the Participant:
- Confirms that they have inspected the synthetic ice and related equipment and have found them to be in good condition, free of defects, and safe for use;
- Agrees to notify the Provider immediately if any defects or safety concerns are identified during the rental period;
- Accepts full responsibility for ensuring that the synthetic ice is used safely and appropriately following the inspection.
4. Proper Use of Equipment and Accessories
The Participant acknowledges and agrees that:
Dasher Boards:
- Dasher boards and other rink barriers are intended as safety barriers but do not eliminate the risks associated with skating or gameplay.
- Climbing, hanging, or applying excessive force to the dasher boards beyond normal use can result in structural failure, injury, or damage.
- The Participant is responsible for ensuring all users engage with the dasher boards safely and refrain from improper use.
- Any damage to the dasher boards caused by improper use will be the financial responsibility of the Participant.
Rental Accessories (including Skates):
- The Participant must ensure all accessories (such as skates, hockey equipment, and training aids) are used properly.
- Skates must be worn with proper protective gear and should not be used on unsuitable surfaces.
- The Participant is responsible for returning all rental accessories in the same condition as received.
5. Waiver of Liability
The Participant hereby waives any and all claims, demands, actions, or causes of action against the Provider arising out of or related to the Activities, including but not limited to claims for:
- Personal injury, disability, or death;
- Damage to or loss of personal property;
- Any other loss, damage, or expense, whether foreseeable or unforeseeable, resulting from the Activities.
This waiver applies even if the loss or damage is caused, in whole or in part, by the negligence or breach of duty of the Provider, except in cases of gross negligence or willful misconduct.
6. Indemnification
The Participant agrees to indemnify, defend, and hold harmless the Provider from any and all claims, damages, liabilities, or costs (including legal fees) brought by third parties arising out of or connected to the Participant’s engagement with the Activities.
7. Acknowledgment of Responsibility
The Participant acknowledges that:
- They are responsible for ensuring that the synthetic ice is used in a safe and appropriate manner;
- They have received and understood all safety instructions related to the use and installation of synthetic ice;
- They are responsible for supervising all individuals who use the synthetic ice during the rental period.
- The Participant assumes all liability for injuries or damages caused by any individuals using the synthetic ice under their rental or supervision.
8. Medical Emergencies
- The Participant acknowledges that they are solely responsible for any medical expenses arising from injuries sustained during the Activities.
- The Participant authorizes the Provider to seek emergency medical treatment if necessary but acknowledges that the Provider is not responsible for any costs associated with such treatment.
9. Equipment Damage & Replacement Responsibility
- The Participant agrees to return all rented equipment in the same condition as received.
- Any damage beyond normal wear and tear will be the financial responsibility of the Participant, including repair or replacement costs as determined by the Provider.
10. Alcohol, Drugs, and Unsafe Behavior
- The Participant agrees that they will not engage in the Activities while under the influence of alcohol, drugs, or any impairing substances.
- The Provider is not responsible for any injuries or damages resulting from impaired or reckless behavior.
11. Force Majeure
The Provider shall not be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to natural disasters, pandemics, government regulations, or equipment failure.
12. Governing Law and Jurisdiction
This Agreement shall be governed by and interpreted in accordance with the laws of the Province of British Columbia and the applicable laws of Canada. Any disputes arising under this Agreement shall be resolved exclusively in the courts of British Columbia.
13. Severability
If any provision of this Agreement is found to be unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.