Terms of Service

PERTH “MAJOR” OUTFITTERS INC. and it’s partners, employees, guides, instructors, agents, representatives, contractors, subcontractors, successors and assigns, thereinafter collectively be referred to as ‘the Releasees’.

This Agreement shall apply to all activities, events, or services provided, arranged, organized, sponsored or authorized by the Releasees, including but not limited to canoeing, kayaking, rowing, stand-up paddle boarding, corcls, pedal karting, kick bikes, mini-putt, activities in and around the docks, parking lot and grounds, in and around Artisan Market, music events, orientation and instructional classes and sessions, clinics, programs, camps; races, guided activities, tours, transportation or travel to and from locations, transportation or travel by boats; transporting, loading or unloading of boats; activities on or around the giant Adirondack chair, tree-house or other equipment on the property, hereinafter referred to as the ‘Activities’.

You acknowledge that you have been instructed to wear a life jacket (pfd) at all times while on the water/boating. For motor boaters: You’re familiar with Transport Canada’s Boat Smart Pleasure Craft Operator’s Guide and assume full responsibility. You acknowledge that you have been advised not to use drugs and/or alcohol during Activities.

You are aware that participation in the above Activities while using the equipment (canoes, kayaks, SUPs, rowboats, golf clubs, kick-bikes, pedal karts, corcls, etc.) involves risks, dangers and hazards including, but not limited to: slips and falls while boarding or disembarking; overturning or falling off; loss of balance; hypothermia due to exposure to cold water; drowning; variations in water and weather conditions including storms, high wind and lightning; collisions with rocks, trees, logs, deadfalls in water, loose gravel, rocks, uneven ground, holes, roots, trees, branches, obstacles, mini-putt course an obstacles, golf balls and clubs; equipment failure or breakage; encounters with wild or domesticated animals; becoming lost or separated; failure to act safely or within one’s ability; injury due to the use of drugs and/or alcohol while boating or Activities; negligence of other persons.

YOU ARE AWARE THAT ONE OF THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES IS NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES, SOME OF WHICH ARE REFERRED TO ABOVE. YOU FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.

In consideration of the Releasees allowing you to participate in the Activities and permitting your use of Perth Major Outfitters equipment, and for other good and valuable consideration the receipt and sufficiency of which is acknowledged,

You hereby agree as follows:

i. TO WAIVE ALL CLAIMS that I 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 as a result of my participation in the activities. DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE ON THE PART OF THE RELEASEES AND INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISK, DANGERS AND HAZARDS REFERRED TO ABOVE.

ii. TO HOLD HARMLESS AND INDEMNITY THE RELEASEES from any and all liability for any property damage or any personal injury to any third party resulting from my participation in the Activities.

iii. The 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.

iv. This Agreement and any rights, duties and obligations as between the parties to the agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario and no other jurisdiction.

v. Any litigation involving the parties to the Agreement shall be brought solely within the province of Ontario and shall be within the exclusive jurisdiction of the Courts of the Province of Ontario.