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Liability Waiver

Hot Voyage Floating Sauna Inc.

PARTICIPANT AGREEMENT, RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND ASSUMPTION OF RISKS FOR ADVENTURE TOURISM ACTIVITIES

WARNING: BY SIGNING THIS DOCUMENT, YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR THE RELEASEES’ OWN NEGLIGENCE AND FOR BREACHES OF THE OCCUPIERS LIABILITY ACT.

PLEASE READ CAREFULLY.

This is a binding legal agreement. In consideration of being permitted to participate in the adventure tourism activities provided by Hot Voyage Floating Sauna Inc. (d.b.a. “Hot Voyage”) (hereinafter referred to as “the Operator”), on the vessel M.V. “Hot Voyage,” you, the undersigned, agree to all terms and conditions within this document.

Releasees. The term “Releasees” as used herein shall include Hot Voyage Floating Sauna Inc. (d.b.a. “Hot Voyage”), 1517471 B.C. LTD. (the registered owner of the vessel), the City of Port Moody, Vancouver Fraser Port Authority; His Majesty the King in right of British Columbia and Canada with respect to permissions/tenure; owners/lessors of docks or staging/embarkation areas used, and all of their respective directors, officers, employees, guides, agents, representatives, contractors, skippers, and volunteers, and their successors and permitted assigns. The foregoing applies only to the extent any claim arises from or is connected to the Activities, the premises used for staging, or permissions/tenures issued for those Activities.

Activities. The “Activities” are defined as participation in an adventure tourism experience which includes, but is not limited to, being a passenger on a marine vessel, transport via a tender craft (dinghy), use of a propane-heated sauna, use of a cold-water ocean shower, swimming in natural bodies of water, boarding and disembarking the vessel, utilizing the rooftop patio and stairs, and other related activities in Indian Arm, Port Moody Arm, Burrard Inlet, and surrounding waters, including all associated staging, safety briefings, transfers, waiting/queuing, and disembarkation before, during, and after the session.

  1. ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS

I understand and acknowledge that the Activities are a form of adventure tourism and that such activities involve inherent, known, and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I have been advised of, understand, and expressly assume all risks listed below, as well as all other risks not listed:

  • Rooftop Deck & Staircase Risks: Including falling from the rooftop patio/upper deck onto the lower deck or into the water; slips, trips, tumbles, or falls on the staircase leading to the rooftop; loss of balance on stairs or upper decks caused by sudden vessel movement, wind, or waves; and injuries caused by impact with railings, steps, or deck structures.
  • Boarding & Disembarking Risks: Including slips, trips, and falls on wet, icy, or uneven docks and vessel surfaces; injuries from unexpected vessel movement; crushing or pinching injuries between the vessel and the dock; and falling into the water.
  • Sauna Environment Risks: Including burns or scalding injuries from steam (Löyly) generated by water poured on rocks; burns from contact with the heater, hot surfaces, or superheated personal items (e.g., jewelry, metal swimsuit fasteners); and slip and fall hazards caused by the accumulation of sweat, body oils, and water on sauna flooring and benches. I acknowledge the risk of discomfort or panic caused by enclosed, heated spaces.
  • Sauna & Cold Plunge Medical Risks: Including dehydration, heat exhaustion, heat stroke, fainting, and dizziness. I specifically acknowledge the risk of “Thermal Shock” from rapidly transitioning between the hot sauna and cold water. I understand this sudden temperature change places extreme stress on the body, which can result in hyperventilation, involuntary gasping, seizures, loss of consciousness, heart attack (cardiac arrest), or stroke, even in healthy individuals without prior medical history.
  • Jumping, Diving, and Swimming Risks: Including cold water shock leading to involuntary gasping and drowning; hypothermia and “afterdrop” (continued cooling of the body after exiting water); drowning from swimming inability or panic; and catastrophic injury (including paralysis and death) from jumping or diving into water of unknown depth or striking submerged hazards like logs, rocks, or the sea bottom.
  • Remote Location Risks: I acknowledge that the Activities take place in a marine environment (Indian Arm/Burrard Inlet) which may be distant from medical facilities. I understand that cellular telephone service may be unreliable or non-existent, and that emergency response and evacuation may be significantly delayed by weather, water conditions, or distance.
  • Tender Vessel & Transfer Risks: Including the risks associated with boarding, disembarking, and travelling in a smaller, inflatable tender craft; increased risk of falling overboard due to the tender’s size and stability; potential for the tender to capsize, swamp, or deflate; and pinching or crushing injuries between the tender craft and the dock or main vessel.
  • General Marine Risks: Including vessel motion causing loss of balance, falls, or seasickness; falling overboard (man-overboard); collision with other vessels, floating debris (logs/deadheads), or navigational hazards; grounding the vessel; swamping or capsizing; severe injury from the engine’s propeller; and dehydration or sun exposure.
  • Equipment & Vessel System Risks: Including a propane leak leading to fire or explosion; carbon monoxide poisoning from engine exhaust or heating equipment; engine or steering system failure leaving the vessel adrift; and electrical system failure causing loss of navigation or fire.
  • Human Factor & Guest-Related Risks: Including risks arising from undeclared medical conditions; intoxication of myself or other guests; failure of myself or other guests to follow crew instructions; intentional or unintentional harmful actions by other guests; panic during an emergency; and my own failure to act within my abilities and limitations, including the improper use or refusal of personal flotation devices (PFDs).
  • Wildlife & Environmental Risks: Encounters with marine life (e.g., seals, jellyfish) and potential allergic reactions; sudden onset of adverse weather such as high winds, large waves, fog, lightning, or heavy rain; and the challenges of operating in darkness or reduced visibility.

I ACKNOWLEDGE THAT THIS LIST IS NOT EXHAUSTIVE AND THAT OTHER UNANTICIPATED RISKS MAY ARISE. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS, AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR LOSS RESULTING THEREFROM, INCLUDING THE RISK OF THE RELEASEES’ OWN NEGLIGENCE.

  1. HEALTH STATEMENT AND MEDICAL DECLARATION

By signing this document, I represent and warrant the following: I am in good physical and mental health and am not aware of any reason, medical or otherwise, why I should not participate in the Activities. I am solely responsible for assessing my own physical fitness and limitations. I understand that it is my responsibility to consult with a physician prior to my participation if I am in any doubt about my ability to safely engage in the Activities, especially if I am on any medications that may be affected by or interact with exposure to extreme heat or cold.

I hereby declare that I DO NOT suffer from any of the following conditions, which are known contraindications for sauna and cold water exposure:

  • Cardiovascular Conditions: Recent heart attack, unstable angina pectoris, severe aortic stenosis, heart failure, pacemaker, or other significant heart disease.
  • Blood Pressure Issues: Uncontrolled high blood pressure OR low blood pressure (orthostatic hypotension) that causes dizziness upon standing.
  • Neurological Conditions: Epilepsy, seizure disorders, a history of fainting spells, a history of stroke, or transient ischemic attacks (TIAs).
  • Pregnancy: I am not currently pregnant.
  • Respiratory Conditions: Severe or unstable asthma.
  • Other Conditions: Open wounds, skin sores, infectious skin diseases, or a current fever/illness, kidney disease, or any condition that affects my body’s ability to regulate temperature.

I agree to inform the crew immediately if I begin to feel unwell at any point during the Activities.

Minors: Participation is strictly limited to ages 19+. Parental/guardian signatures do not release negligence claims for minors in British Columbia, and minors are not permitted to participate.

2.1. COMMUNICABLE DISEASE ACKNOWLEDGEMENT I acknowledge that the Activities involve inherent risks of exposure to communicable diseases, including but not limited to COVID-19 and influenza, which can result in severe illness or death. I understand that due to the nature of the Activities (enclosed sauna space, small vessel size), social distancing is not possible and that specific preventative measures may not be in place. I knowingly and voluntarily agree to assume all such risks and I RELEASE THE RELEASEES from any and all claims or liability for illness, injury, or death arising from or related to exposure to any communicable disease, even if arising from the NEGLIGENCE of the Releasees.

  1. AGE AND SOBRIETY DECLARATION

I hereby declare that I am 19 years of age or older. I further declare that I am not under the influence of alcohol, recreational drugs, or any medications that could impair my judgment or physical abilities. I agree that the Operator has a zero-tolerance policy for intoxication. I agree that the Operator and its crew may, in their sole and absolute discretion, deny my participation at any time (including before or during the Activities) if they suspect I am under the influence of alcohol or drugs. I agree to make no claim against the Releasees for any loss, damage, or refund related to such a denial.

3.1. VOLUNTARY CONSUMPTION OF ALCOHOL OR DRUGS

I acknowledge that the Operator has a zero-tolerance policy for intoxication. I further agree that if I use, consume, or am under the influence of alcohol or drugs before or during the Activities, I KNOWINGLY AND VOLUNTARILY ASSUME AND ACCEPT ALL RISKS, DANGERS, AND HAZARDS that may result from this, including the possibility of personal injury, death, property damage, and loss. I agree that any consumption of alcohol or drugs will be considered a willful violation of safety rules and I RELEASE THE RELEASEES FROM ANY AND ALL LIABILITY for any injury I may suffer, even if my impairment was a contributing factor and the Releasees’ own negligence was also a contributing factor.

  1. PARTICIPANT’S DUTY

I agree that I have an ongoing responsibility for my own safety. I will immediately remove myself from participation, and notify the crew, if at any time I sense or observe any unusual hazard or unsafe condition, or if I feel that I have experienced any deterioration in my physical, emotional, or mental fitness for continued participation.

I will follow all crew instructions; use handholds; move cautiously on wet/uneven surfaces; and keep clear of propellers and restricted areas. I understand rescue/evacuation may be delayed and no outcome is guaranteed. The Operator, skipper, or crew may, in their sole and absolute discretion, deny boarding or remove any person who appears intoxicated (in accordance with Section 3), is under 19, is non-compliant with instructions, or is otherwise deemed unsafe. Removal/denial on these grounds is not a cancellation by the Operator and no refund or credit is provided.

SWIMMING ABILITY & NO LIFEGUARD ACKNOWLEDGEMENT: I understand and acknowledge that THERE IS NO LIFEGUARD ON DUTY at any time during the Activities. I acknowledge that swimming in open water (Indian Arm, Port Moody Arm, and Burrard Inlet) is inherently dangerous. I agree that I am solely responsible for assessing my own swimming ability, the water conditions, and the temperature before entering the water. I assume full responsibility for my own safety while swimming.

PFD (LIFE JACKET) ACKNOWLEDGEMENT AND REFUSAL: I acknowledge that the Operator strongly advises and recommends that I wear a Transport Canada-approved personal flotation device (PFD) or life jacket at all times while on any exterior deck, on the tender craft, or when near the water. I acknowledge that approved life jackets have been made available to me. I understand that failing to wear a PFD significantly increases the risk of drowning, which may result in death. Despite this advice and understanding, I agree that if I knowingly and voluntarily refuse to wear a PFD or life jacket, that decision is mine alone and is at my own sole risk. I further agree that in the event I choose not to wear a PFD, I specifically release the Releasees from any and all liability for injuries arising from my failure to wear a PFD, including any claim that the Releasees were negligent in failing to warn me, failing to supervise me, or failing to force me to wear a PFD.

JUMPING AND DIVING ACKNOWLEDGEMENT: I understand that jumping or diving from the vessel is an inherently dangerous activity. I acknowledge that the Releasees cannot and do not guarantee the depth of the water or that the area is free from submerged logs, rocks, or other hazards. I agree that I will not jump or dive unless and until I have personally satisfied myself that it is safe to do so. I agree that any decision to jump or dive is mine alone, and I am doing so at my own sole risk. I specifically release the Releasees from any and all liability for injuries arising from jumping or diving, including any claim that the Releasees were negligent in failing to warn me, failing to inspect the area, or failing to supervise my activity.

  1. RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT

In consideration of the Releasees agreeing to my participation in the Activities, I, on behalf of myself, my heirs, next of kin, executors, administrators, assigns, and representatives, hereby agree as follows:

  1. TO WAIVE ANY AND ALL CLAIMS that I, my heirs, next of kin, executors, administrators, assigns, and representatives have or may in the future have against the Releasees and TO RELEASE THE RELEASEES FROM ANY AND ALL LIABILITY for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in the Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING THE RELEASEES’ OWN NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, c. 337, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, AND HAZARDS OF PARTICIPATING IN THE ACTIVITIES.
  2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage, loss, or personal injury to any third party resulting from my breach of these rules, my intoxication, or my negligent or intentional acts or omissions during my participation in the Activities, including defence costs (legal fees on a solicitor-client basis), expert fees, disbursements, and settlement or judgment amounts.

Transportation Carve-Out (Public Roads): This Release applies to marine/vessel/tender/dock activities only. It does not waive rights regarding motor-vehicle transportation on public roads (if any), which are governed by applicable insurance statutes and law.

  1. GOVERNING LAW AND JURISDICTION

This agreement shall be governed by the laws of the Province of British Columbia. Any litigation shall be brought solely within the exclusive jurisdiction of the Courts of the Province of British Columbia. If any provision of this agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. This is the entire agreement concerning the Activities and supersedes any prior representations. Headings are for convenience only and do not affect interpretation. If this Agreement is translated, the English version governs.

  1. BINDING AGREEMENT

I agree that this agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns, and representatives, in the event of my death or incapacity. I am signing this agreement on behalf of myself and my heirs, next of kin, executors, administrators, assigns, and representatives.

  1. PRIVACY AND MEDIA CONSENT
  2. Consent for Operational & Safety Purposes (Mandatory): I consent to the collection and use of my personal information (including name, contact details, and health declaration) for the necessary purposes of: (i) managing my booking and participation, (ii) ensuring my safety and the safety of others, (iii) contacting emergency services or my emergency contact if required, and (iv) incident investigation, insurance, and legal compliance.
  3. Consent for Promotional Media (Optional): I understand this optional consent is separate from my agreement to participate. Refusing this consent will not affect my ability to participate in the Activities. I CONSENT to having photographs, video, and/or audio recordings taken of me during the Activities. I grant the Releasees the right to use these for promotional, advertising, and social media purposes without compensation. To opt-out of this media release, I must submit a written request via email to info@hotvoyage.ca prior to the scheduled start time of my participation.

 

  1. ELECTRONIC SIGNATURE CONSENT

By signing this document electronically, I consent to the use of my electronic signature in lieu of an original signature on paper. I agree that my electronic signature is legally binding. This agreement is executed under the Electronic Transactions Act (BC); an electronic signature satisfies any legal signature requirement. I consent to Hot Voyage keeping records (e.g., signature certificate, time/device/IP address, scroll and checkbox logs, my name on the manifest, and photos of posted safety/waiver signs) as reasonably necessary to evidence notice and consent.

  1. VOLUNTARY AGREEMENT & ACKNOWLEDGEMENT

I acknowledge that I have not relied on any oral or written representations made by the Releasees other than what is set forth in this agreement. I have been given the opportunity to read this agreement in its entirety and to ask any questions I may have. I confirm that I have had sufficient time to read and understand this agreement without duress or pressure, and I have had the opportunity to seek independent legal advice if desired. I understand that this document is a complete release of liability and I am signing it freely and voluntarily.

 

Participant's Printed Name: __________________________________________________

 

Participant's Signature: _____________________________________________________

 

Date: __________________________