The Dangerous Activity Waiver is a critical legal document used across Canadian provinces to manage liability risks associated with hazardous recreational, sporting, or adventure activities. This document becomes necessary when a business or organization offers activities that carry inherent risks of physical injury or harm to participants. It serves multiple purposes: informing participants of potential risks, obtaining their informed consent, and protecting service providers from liability claims while maintaining compliance with provincial regulations. The waiver must be carefully drafted to meet the specific requirements of Canadian law, including provincial variations in occupiers' liability legislation, consumer protection laws, and sports safety regulations. It's particularly important to note that in Quebec, the Civil Code treats liability waivers differently from common law provinces, requiring additional considerations in the drafting process.
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1. Participant Information: Section for collecting participant's full legal name, contact information, emergency contacts, and age/date of birth
2. Warning and Acknowledgment: Prominent warning about the dangerous nature of the activity and acknowledgment that the participant has read and understood the waiver
3. Activity Description: Detailed description of the dangerous activity or activities covered by the waiver
4. Assumption of Risks: Comprehensive list of potential risks and dangers associated with the activity that the participant acknowledges and accepts
5. Release of Liability: Legal language releasing the organization and related parties from liability for injuries, damages, or losses
6. Indemnification: Participant's agreement to indemnify and hold harmless the organization from any claims
7. Medical Authorization: Authorization for emergency medical treatment if needed
8. Governing Law: Specification that the waiver is governed by Canadian law and the specific provincial jurisdiction
9. Severability: Clause stating that if any portion of the waiver is found to be unenforceable, the remainder remains in effect
10. Acknowledgment of Understanding: Final confirmation that the participant has read, understood, and agrees to the terms
1. Photo/Video Release: Optional section for permission to use participant's image in promotional materials
2. Equipment Usage: Section describing proper use of equipment and participant's responsibility for damage when equipment is provided
3. Medical Conditions: Section for disclosure of relevant medical conditions or limitations
4. Group Activities: Additional provisions for activities involving multiple participants or team activities
5. Insurance Requirements: Section specifying any insurance requirements or recommendations for participants
6. COVID-19/Infectious Disease: Additional waiver language specific to infectious disease risks
7. Minor Participant: Additional section required when the participant is under the age of majority, including parental/guardian consent
1. Schedule A - Specific Activity Risks: Detailed list of specific risks associated with each activity covered by the waiver
2. Schedule B - Safety Protocols: Detailed safety procedures and protocols that must be followed
3. Schedule C - Equipment Checklist: List of required and recommended safety equipment for the activity
4. Schedule D - Emergency Procedures: Detailed emergency response procedures and contact information
5. Appendix 1 - Facility Rules: Specific rules and regulations for the facility or location where the activity takes place
6. Appendix 2 - Medical Questionnaire: Detailed health and medical history questionnaire if required for the activity
Relevant legal definitions
Clauses
Relevant Industries
Sports and Recreation
Adventure Tourism
Fitness and Wellness
Entertainment
Education and Training
Outdoor Activities
Extreme Sports
Tourism and Hospitality
Sports Facilities
Adventure Parks
Martial Arts
Water Sports
Winter Sports
Rock Climbing and Mountaineering
Relevant Teams
Legal
Risk Management
Operations
Customer Service
Safety and Compliance
Recreation Programs
Event Management
Training and Development
Facility Operations
Guest Services
Relevant Roles
Risk Manager
Operations Director
Facility Manager
Safety Coordinator
Legal Counsel
Compliance Officer
Recreation Program Director
Adventure Sports Instructor
Sports Facility Manager
Customer Service Manager
Training Coordinator
Events Manager
Tourism Operations Manager
Athletic Director
Outdoor Program Coordinator
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