Exclusion of Liability & Assumption of Risk

NOTICE TO ALL USERS OF THESE PREMISES & FACILITIES

EXCLUSION OF LIABILITY ASSUMPTION OF RISK- JURISDICTION

PLEASE READ CAREFULLY!

THESE CONDITIONS WILL AFFECT YOUR LEGAL RIGHTS INCLUDING THE RIGHT TO SUE THE OPERATOR FOR NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF OCCUPIERS’ LIABILITY ACT OR TO CLAIM COMPENSATION FOLLOWING AN ACCIDENT

Your use of these premises and facilities and participation in activities on the premises involve various risks, dangers and hazards. Please visit our website at: www.splashadventure.ca for a description of these risks, dangers and hazards. A description of these risks, dangers and hazards is also available at guest services.

As a condition of your use of the premises and facilities and your participation in activities on the premises, you assume all risk of personal injury, death or property loss resulting from any cause whatsoever including NEGLIGENCE, BREACH OF CONTRACT OF ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACT ON THE PART OF THE OPERATOR OF THE PREMISES AND FACILITIES and its employees and representatives (hereinafter collectively referred to as “the Operator”)

  • You agree that the Operator shall not be liable for any personal injury, death or property loss AND RELEASE THE OPERATOR FROM ALL LIABILITY AND WAIVE ALL CLAIMS WITH RESPECT THERETO.
  • Negligence includes failure on the part of the Operator to take reasonable steps to safeguard or protect you from or warn you of the risks, dangers and hazards referred to above.
  • Any litigation involving the Operator shall be brought solely within Nova Scotia and shall be within the exclusive jurisdiction of Nova Scotia Court.
  • These conditions and any rights, duties and obligations involving the Operator shall be governed by and interpreted solely in accordance with the laws of Nova Scotia and no other jurisdiction.

THE OPERATORS LIABILITY FOR NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF THE OCCUPIERS LIABILITY ACTS IS EXCLUDED BY THESE CONDITIONS.