Participant Waiver and Release of Liability Agreement

  1. Acknowledgement of Risks

I, the undersigned, acknowledge and understand that participation in the Birding Tour/Walk (the “Tour”), organized by Shayna Cossette Birding Guide/Shayna Cossette Media (“Shayna Cossette” or the “Company”), involves inherent risks and hazards, including but not limited to:

  • Travel-related risks: Transportation delays, accidents, and exposure to severe weather conditions such as storms, extreme heat, or cold, slippery, frozen, ice- or snow-covered conditions, poisonous plants, trails and pathways that are not regularly patrolled or inspected and vehicle accidents while traveling to the trip location.

  • Physical activities: Extended periods walking on uneven terrain, and close proximity to wildlife, which may result in injuries or encounters with dangerous animals.

  • Health risks: Exposure to local illnesses, allergic reactions, and limited access to medical facilities.

  1. Assumption of Risks

I voluntarily assume all risks associated with participation in the Tour. I understand that these risks may result in personal injury, illness, bodily harm, permanent disability, death, or personal property damage. I acknowledge that it is my responsibility to assess my own physical condition and limitations.

  1. Release and Waiver

In consideration for being allowed to participate in the Tour, I hereby release, waive, and discharge Shayna Cossette, its agents, and affiliates from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, injury, or death that may be sustained by me or my property, whether caused by the negligence of Shayna Cossette or otherwise, while participating in the Tour or in any activities related to the Tour. This waiver does not cover gross negligence or willful misconduct. I accept the risks inherent in the trip voluntarily, and on behalf of myself, my heirs, next of kin, executors, legal representatives, successors and assigns, hereby release, discharge and hold harmless Shayna Cossette Media and Shayna Cossette Birding Guide from any and all losses, rights and claims for injury, loss, expenses or damage resulting from my participation in the trip or travelling to or from the trip and any other associated events or activities. I intend this Release to apply to all claims, regardless of whether founded in whole or in part on any negligent act or omission of any released party. I agree that this release and any claims I may be bring will be subject to the laws of the Province of Saskatchewan, and the exclusive jurisdiction of the Courts of the Province of Saskatchewan.

  1. Indemnification

I agree to indemnify and hold harmless Shayna Cossette from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney’s fees, brought as a result of my involvement in the Tour, and to reimburse them for any such expenses incurred. This includes claims made by third parties arising from my actions during the Tour.

  1. Medical Treatment

I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Tour. I agree to be responsible for any and all costs related to medical care and transportation. I understand that medical facilities may be limited and that I am responsible for my own health insurance.

  1. Cancellation Policy

I agree to the following cancellation policy. If participants cancel more than 1 week before the scheduled start time for the Tour, a full refund minus a 10% booking fee will be provided. If participants cancel less than 1 week but more than 48 hours before the scheduled start time for the Tour, only a 50% refund will be provided. Cancellations by participants within 48 hours of the scheduled start time for the Tour are non-refundable. If Shayna Cossette cancels the Tour for any reason, participants will receive a full refund of all payments made regardless of timing. Shayna Cossette is not responsible for any additional costs incurred by participants. The Tour will not be canceled due to weather except in extreme circumstances as determined by Shayna Cossette. A participant’s aversion, unwillingness, or reluctance to attend the tour will not affect this policy. If participants need to reschedule, please contact Shayna Cossette at least 72 hours in advance, and we’ll do our best to accommodate you, subject to availability.

6.       Severability

If any provision of this agreement is found to be unenforceable or invalid, that provision shall be severed from this agreement, and the remaining provisions shall be enforceable to the fullest extent permitted by law.

  1. Birding Ethics

I acknowledge that the welfare of birds comes first. I agree to accept Shayna Cossette’s direction as to appropriate conduct in the field. I also agree to refrain from posting the location of birds prone to human disturbance, such as nesting birds and roosting owls, on eBird, on iNaturalist, or on any publicly accessible social media sites, including but not limited to Facebook and Instagram.

 

Name (Print, full name):                                                                Name of Parent/Guardian (17 & Under):

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Name (Signed):                                                                                 Parent/Guardian Signature:

_____________________________________                       _______________________________________

Date:                                                                                                     Date:

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