Waiver
Liability Waiver, Release, Assumption of Risk & Indemnity Agreement
Warning: THIS AGREEMENT WILL AFFECT YOUR LEGAL RIGHTS.
READ IT CAREFULLY BEFORE AGREEING!
Electronic acceptance is intended to be the same as signing this agreement by hand. By checking a box, clicking a button, creating or using an account, purchasing or claiming a ticket, RSVPing, registering, attending, participating in, volunteering at, helping organize, hosting, co-hosting, spectating at, travelling to or from, or otherwise taking part in anything connected with Halfway Hot Springs (hereinafter referred to as THE BUSINESS) or the HalfwayHotsprings.com web site, you understand and agree to this agreement. You do not need to physically sign a paper copy for this agreement to apply.
This agreement applies broadly. The club may organize, list, promote, attend, host, co-host, or participate in many different kinds of activities. Some may be casual and low risk. Others may be unusual, physical, remote, spontaneous, private, public, social, online, third-party operated, or high risk. This agreement is intended to apply to all of them, whether or not a specific activity is named, described, listed, expected, or contemplated when you accept this agreement.
Waiver version: 2026-05-02-broad
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Definitions. In this agreement:
- ACTIVITIES means every activity, event, trip, outing, gathering, meetup, social function, class, workshop, demonstration, game, performance, experience, adventure, service, web site feature, online interaction, communication, volunteer activity, host activity, travel arrangement, setup, cleanup, after-event activity, and any other thing promoted by, listed by, arranged through, attended with, hosted by, co-hosted by, organized by, facilitated by, recommended by, or connected in any way to THE BUSINESS, whether free or paid, official or unofficial, public or private, planned or spontaneous, recurring or one-time, low risk or high risk, and whether operated by THE BUSINESS, a volunteer, a host, a venue, a third-party provider, another participant, or any other person or organization.
- RELEASED PARTIES means THE BUSINESS and its owners, shareholders, directors, officers, employees, contractors, agents, representatives, administrators, moderators, web site operators, event organizers, event hosts, co-hosts, volunteers, leaders, assistants, instructors, guides, sponsors, partners, advertisers, affiliates, participants, members, property owners, landlords, tenants, venue operators, venue staff, third-party providers, suppliers, drivers, transportation providers, and all other persons or organizations involved in, connected with, or assisting with any ACTIVITY.
- CLAIMS means all claims, demands, causes of action, lawsuits, proceedings, damages, losses, costs, expenses, liabilities, debts, compensation, rights, and remedies of any kind, whether known or unknown, anticipated or unanticipated, arising from or connected with any ACTIVITY.
- ELECTRONIC ACCEPTANCE means any electronic action showing acceptance of this agreement, including checking an acceptance checkbox, clicking an acceptance button, submitting a registration form, creating an account after being presented with this agreement, logging in or continuing to use an account after being presented with this agreement, RSVPing, purchasing or claiming a ticket, or otherwise electronically confirming participation in an ACTIVITY.
- Activities covered. Without limiting the broad definition of ACTIVITIES above, this agreement applies to every category of club activity, including social, recreational, educational, creative, food-related, performance-based, theatrical, game-based, nightlife, private-home, venue-based, public-space, outdoor, wilderness, sport, fitness, water, river, winter, animal, equestrian, aviation, height, transportation, projectile, target, tool, equipment, online, third-party, and mixed activities. Examples may include anything from coffee, dinner, pub, board game, cooking, art, murder mystery, music, festival, and theatre events to hiking, camping, rafting, horseback riding, skiing, climbing, target activities, hot air ballooning, travel, third-party attractions, and other unusual or higher-risk experiences. These examples are not complete and do not narrow this agreement. An ACTIVITY does not need to be similar to any listed example for this agreement to apply.
- When this agreement applies. This agreement applies before, during, and after every ACTIVITY, including communications, profiles, comments, RSVPs, ticket purchases, payment, waiting lists, transportation planning, travel to and from the ACTIVITY, arrival, waiting periods, instruction, participation, breaks, social time, setup, cleanup, departure, after-parties, related online interaction, and any later consequence arising from the ACTIVITY. An ACTIVITY begins when participants register, communicate, gather, travel, meet, assemble, or otherwise begin taking part in anything connected with the ACTIVITY, and ends only once the participant has fully left the ACTIVITY and returned to their own independent affairs away from THE BUSINESS.
- Electronic agreement, checkbox acceptance, and account signup. You agree that ELECTRONIC ACCEPTANCE is your electronic signature and has the same force and effect as your handwritten signature. You consent to the use of electronic records, electronic signatures, electronic delivery, electronic storage, and electronic proof of acceptance for this agreement and all ACTIVITY registrations. You agree that the web site may rely on its records of your acceptance, including your account ID, name, email address, phone number, acceptance checkbox, acceptance wording, waiver version, date and time, IP address, user agent, RSVP, ticket order, payment record, attendance record, and related system logs, as evidence that you read, understood, accepted, and intended to be bound by this agreement. You agree not to challenge the validity or enforceability of this agreement only because it was accepted electronically or because no paper copy was physically signed.
- Continuing and future effect. Unless a newer waiver is expressly presented to and accepted by you, this agreement applies to your account, your use of the web site, and all future ACTIVITIES you register for, attend, help with, host, co-host, organize, or participate in after accepting this agreement. You understand that future ACTIVITIES may be very different from past ACTIVITIES and may involve risks that are not known, expected, described, or listed when you accept this agreement. If THE BUSINESS updates this agreement, the updated agreement applies only after it is presented to you and you accept it electronically, sign it, or continue with an ACTIVITY after being given a reasonable opportunity to review it. This agreement does not need to be physically re-signed for each ACTIVITY unless THE BUSINESS specifically requires a fresh acceptance.
- Assumption of all risks. You understand and voluntarily accept that ACTIVITIES may involve obvious, hidden, expected, unexpected, ordinary, extraordinary, minor, serious, and life-threatening risks. These risks may arise from the nature of the ACTIVITY itself, from people, animals, food, drink, alcohol, equipment, tools, vehicles, vessels, aircraft, public spaces, private homes, venues, roads, trails, weather, terrain, water, heights, fire, electricity, projectiles, props, costumes, games, physical exertion, health conditions, communicable illness, allergens, crowds, interpersonal conflict, online interaction, privacy loss, third-party providers, lack of supervision, lack of instruction, delayed rescue, or any other condition or circumstance. You freely accept all risks, whether or not those risks are specifically listed in this agreement, in an event description, or in any warning.
- Possible consequences. Risks connected with ACTIVITIES may result in discomfort, embarrassment, fear, emotional distress, illness, allergic reaction, food poisoning, burns, cuts, punctures, bruises, sprains, fractures, concussion, drowning, hypothermia, heat illness, animal-related injury, collision, assault, theft, loss, property damage, disability, paralysis, death, financial loss, reputational harm, privacy harm, or any other harm or loss. You understand that these consequences can happen even when reasonable precautions are taken.
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Release, waiver, and agreement not to sue. You, on behalf of yourself and your heirs, next of kin, spouse, partner, family members, dependants, estate, executors, administrators, insurers, successors, and assigns, hereby waive, release, discharge, and forever hold harmless the RELEASED PARTIES from any and all CLAIMS arising from or connected with any ACTIVITY, including any CLAIMS for personal injury, psychological injury, illness, disability, death, property damage, theft, loss, economic loss, loss of income, loss of opportunity, emotional distress, reputational harm, privacy harm, or any other loss, whether caused by or arising from:
- the inherent risks of the ACTIVITY;
- the conduct, acts, omissions, negligence, carelessness, mistakes, errors in judgment, misstatements, or failures to act of any RELEASED PARTY or any other participant, attendee, volunteer, host, organizer, property owner, venue, third-party provider, supplier, driver, or other person;
- breach of any duty imposed by law, including duties under occupiers liability legislation or other legislation, to the maximum extent such duties may be released by agreement;
- breach of contract or breach of any implied or express warranty;
- failure to warn, supervise, instruct, train, inspect, maintain, rescue, assist, protect, screen, verify, moderate, remove, or control any person, place, equipment, tool, food, drink, venue, third-party provider, route, condition, hazard, risk, activity, or communication;
- the condition, layout, design, maintenance, operation, ownership, occupation, or use of any private home, venue, public space, trail, road, park, waterway, wilderness area, business premises, vehicle, vessel, aircraft, equipment, tool, prop, web site, software, or other place or thing; and
- any other cause whatsoever, to the maximum extent permitted by law.
- Limits required by law. This agreement is intended to release the RELEASED PARTIES as broadly as the law allows, including for negligence and breach of statutory duty where such claims may legally be waived. Nothing in this agreement is intended to release a person from liability for fraud, criminal conduct, intentional harm, or any other liability that cannot legally be released by agreement.
- No guarantee of safety or supervision. You acknowledge that THE BUSINESS and the RELEASED PARTIES may take precautions, provide rules, provide reminders, provide instructions, select venues, list events, remove users, cancel activities, or attempt to reduce risks, but they cannot eliminate all risks, supervise every participant, inspect every condition, guarantee every person's behaviour, provide professional instruction unless expressly stated, guarantee rescue or medical care, or make any ACTIVITY completely safe.
- Your responsibility. You are solely responsible for deciding whether you are medically, physically, mentally, emotionally, socially, and financially able to participate in any ACTIVITY. You are responsible for your own conduct, choices, safety, equipment, clothing, footwear, food, drink, allergies, medical conditions, medications, emergency supplies, transportation, insurance, and compliance with the law, venue rules, third-party rules, event rules, posted instructions, and reasonable safety directions.
- Impairment, discomfort, and withdrawal. You agree not to participate while impaired by alcohol, cannabis, drugs, medication, fatigue, illness, injury, or any other condition that may make participation unsafe. You agree to stop participating if you feel unsafe, unwell, uncomfortable, unprepared, or unable to continue. You agree that you may be refused participation, removed from an ACTIVITY, or have your account restricted or terminated for unsafe, unlawful, disruptive, harassing, dishonest, or inappropriate conduct, without any guarantee of refund except where required by law.
- Food, drink, allergies, and alcohol. Food, drink, cooking, shared meals, restaurants, pubs, licensed venues, and private-home gatherings may involve risks including allergies, intolerances, cross-contamination, choking, foodborne illness, burns, cuts, hot surfaces, sharp objects, glass, alcohol service, impaired persons, and the conduct of other participants or venue staff. You are responsible for deciding what you consume, managing your allergies and dietary restrictions, asking questions when needed, and avoiding anything unsafe for you. Unless expressly stated in writing, THE BUSINESS does not manufacture, inspect, certify, supervise, or guarantee food, beverages, alcohol service, kitchens, restaurants, venues, or participant-supplied items.
- Transportation and travel. You understand that THE BUSINESS does not operate as a transportation company and does not inspect, supervise, insure, endorse, or control private vehicles, drivers, carpools, rideshares, taxis, transit, shuttles, boats, rafts, aircraft, or other transportation unless expressly stated in writing. You are responsible for choosing whether to drive, ride with another person, offer rides, join a carpool, convoy, travel to a remote location, or use any transportation connected with an ACTIVITY. This agreement is not intended to release a motor vehicle driver from any liability that cannot legally be waived for the operation or use of a motor vehicle, but you agree that the RELEASED PARTIES are not responsible for transportation choices, driver conduct, vehicle condition, road conditions, weather, delays, collisions, tickets, insurance issues, injuries, death, property damage, or loss connected with transportation to, from, or during any ACTIVITY, to the fullest extent permitted by law.
- Third-party providers, venues, and separate waivers. Some ACTIVITIES may be provided, operated, hosted, supervised, instructed, guided, ticketed, transported, insured, or controlled by third-party providers, venues, municipalities, property owners, instructors, guides, businesses, charities, clubs, or other organizations. THE BUSINESS is not responsible for third-party providers and does not guarantee their safety, suitability, legality, quality, insurance, staffing, equipment, rules, services, or performance. You may be required to sign or electronically accept additional third-party waivers, rules, or terms. Those additional documents supplement this agreement and do not replace it unless THE BUSINESS expressly agrees in writing.
- Health, first aid, and emergency assistance. You consent to receive first aid, emergency assistance, transportation, rescue, or medical treatment if a RELEASED PARTY or any other person believes it may be necessary or helpful, but you understand that no RELEASED PARTY is required to provide first aid, rescue, supervision, medical advice, medical care, transportation, or emergency assistance. You are responsible for all medical, ambulance, rescue, evacuation, transportation, and related costs incurred on your behalf.
- Online, privacy, and interpersonal risks. You understand that web site use, profiles, messaging, comments, ticketing, payments, social interaction, and meeting people online or in person involve risks, including inaccurate profiles, misleading statements by others, inappropriate messages, harassment, unwanted attention, screenshots, recording, doxxing, privacy loss, payment disputes, software defects, account misuse, and interpersonal conflict. THE BUSINESS may moderate or remove content or users but does not guarantee that online or in-person interactions will be safe, accurate, private, respectful, or free from misconduct.
- Photography, video, and recording. You understand that photos, videos, audio, livestreams, screenshots, names, profiles, comments, and other content may be created during or in connection with ACTIVITIES by THE BUSINESS, participants, venues, third parties, or members of the public. Unless prohibited by law or agreed otherwise in writing, you consent to being photographed, filmed, recorded, and included incidentally or intentionally in promotional, social, archival, safety, administrative, or operational content connected with THE BUSINESS or an ACTIVITY, without compensation. You are responsible for telling THE BUSINESS in writing before an ACTIVITY if you have a specific privacy or safety concern, but you understand that THE BUSINESS cannot control all third-party photography, recording, posting, sharing, screenshots, or publication.
- Indemnity. You agree to indemnify, defend, and hold harmless the RELEASED PARTIES from and against any and all CLAIMS brought by you or by any other person or organization arising from or connected with your participation in any ACTIVITY, your conduct, your negligence, your breach of this agreement, your breach of any rule or law, your supplied food or equipment, your guests, your minor children, your invitees, your transportation choices, your online activity, or any claim that you bring despite this agreement, including all legal fees, costs, expenses, settlements, judgments, and disbursements on a full indemnity basis to the fullest extent permitted by law.
- No reliance. You agree that you are not relying on any oral, written, visual, online, promotional, advertising, social media, web site, event listing, email, text message, or other statement made by THE BUSINESS or any RELEASED PARTY as a warranty, guarantee, representation of safety, promise of supervision, promise of suitability, promise of compatibility with other participants, promise of specific results, or inducement to participate in any ACTIVITY.
- Severability and interpretation. You agree that this agreement is intended to be as broad and inclusive as permitted by law. If any part of this agreement is found to be invalid, unlawful, or unenforceable, that part shall be severed or modified only to the minimum extent necessary, and the remaining parts shall continue in full force and effect. The headings are for convenience only and do not limit the meaning of this agreement. Words in the singular include the plural and words in the plural include the singular as the context requires. The words "including", "include", and "such as" mean "including without limitation".
- Governing law and jurisdiction. You agree that this agreement and the agreements it contains will be governed exclusively in all respects by and interpreted solely in accordance with the laws of Vancouver in the Province of British Columbia. You hereby irrevocably submit to the exclusive jurisdiction of the courts of Vancouver in the Province of British Columbia, and you agree that no other courts may exercise jurisdiction over the agreements and CLAIMS referred to herein. Any litigation pertaining to this agreement or arising out of any ACTIVITY shall be instituted in Vancouver in the Province of British Columbia and nowhere else, unless prohibited by law.
- Adult confirmation. You confirm that you are at least eighteen years of age and that you have had sufficient time to read and understand this agreement before signing it, electronically accepting it, creating an account, RSVPing, purchasing or claiming a ticket, or participating in any ACTIVITY. You understand that you are giving up substantial legal rights, including the right to sue. You agree that this agreement is binding upon you and your heirs, next of kin, spouse, partner, family members, dependants, estate, executors, administrators, insurers, successors, and assigns.
- Minors. If this agreement is signed or electronically accepted on behalf of a child or person under eighteen years of age, you represent and warrant that you are the legal guardian and custodial parent of that child or are otherwise legally authorized to sign, electronically accept, and make participation decisions for that child. You acknowledge that THE BUSINESS is relying on these representations in allowing the child to participate in an ACTIVITY. You agree to supervise the child, ensure the child follows all rules and instructions, and indemnify, defend, and hold harmless the RELEASED PARTIES from and against any and all CLAIMS brought by or on behalf of the child, or arising from the child's participation in any ACTIVITY, including all legal fees, costs, expenses, settlements, judgments, and disbursements on a full indemnity basis to the fullest extent permitted by law.
I HAVE READ THIS AGREEMENT CAREFULLY. I UNDERSTAND THAT IT APPLIES TO A BROAD RANGE OF PRESENT AND FUTURE ACTIVITIES, INCLUDING ACTIVITIES NOT SPECIFICALLY LISTED ABOVE. I UNDERSTAND THAT I AM GIVING UP LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. I ACCEPT THIS AGREEMENT FREELY AND VOLUNTARILY. I AGREE THAT MY ELECTRONIC ACCEPTANCE IS MY LEGAL SIGNATURE.
Optional Paper Signature Copy
This paper section is provided only for printed copies. It is not required when this agreement is accepted electronically through the web site.
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Participant's Name (Please Print)
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Participant's Signature or Electronic Acceptance Record
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Date Signed or Electronically Accepted
For participants under 18:
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Parent/Legal Guardian Name (Please Print)
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Parent/Legal Guardian Signature or Electronic Acceptance Record
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Witness Name (Please Print, if applicable)
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Witness Signature (if applicable)