Agreement - Liability Waiver and Release

RECITALS

The Guest desires to rent the property known as Stormy Point Cottage (the “Property”) located at 28 Stormy Point Rd., McKellar, Ontario, Canada, and the Owner desires to rent the Property to the Guest, subject to the terms and conditions of this Agreement.

AGREEMENT

1. Assumption of Risk:

The Guest acknowledges and understands that there are inherent risks associated with the use of the Property, including but not limited to:

  • Natural hazards (e.g., uneven terrain, bodies of water, wildlife)
  • Equipment use (e.g., canoe, mountain bike, BBQ)
  • Recreational activities (e.g., swimming, hiking, boating)
  • Property conditions (e.g., stairs, docks, decks)

The Guest voluntarily assumes all risks of injury, illness, damage, loss, or other misfortune that may occur on or near the Property, regardless of cause.

2. Release of Liability:

The Guest hereby releases, waives, discharges, and covenants not to sue the Owner, their agents, employees, representatives, successors, and assigns (collectively, the “Released Parties”) from any and all claims, demands, actions, causes of action, losses, damages, costs, or expenses arising out of or in any way connected with the Guest’s use of the Property, including but not limited to claims for personal injury, property damage, wrongful death, or any other loss, whether caused by the negligence of the Released Parties or otherwise.

3. Indemnification:

The Guest agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, actions, causes of action, losses, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of or in any way connected with the Guest’s use of the Property, or the Guest’s breach of this Agreement.

4. Governing Law:

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada.

5. Severability:

If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be struck from the Agreement and the remaining provisions shall remain in full force and effect.

6. Entire Agreement:

This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

IMPORTANT NOTICE: By proceeding with the booking, you acknowledge that you have read and understand the terms and conditions contained herein, and you agree to be bound by them.