LIABILITY WAIVER, ASSUMPTION OF RISK & INDEMNITY AGREEMENT

Operated by: 1575144 B.C. LTD. (d.b.a. Gold Panner Campground) Location: Cherryville, British Columbia, Canada

⚠️ STOP: READ CAREFULLY BEFORE SIGNING

This agreement affects your legal rights, including your right to sue. By signing, you acknowledge that you are entering a wilderness environment and participating in activities that involve inherent risks of injury, death, or property damage.

1. PARTIES COVERED This agreement is between the Guest (the undersigned) and 1575144 B.C. LTD., including its directors, officers, employees, contractors, volunteers, landowners, agents, representatives, guides and event organizers (collectively, the “Campground”).

  • Group Authorization: If you are booking for a party, you confirm you are authorized to bind all guests and minors in your reservation to these terms.

2. SCOPE OF ACTIVITIES This waiver applies to all activities on the property, including but not limited to:

  • Camping, lodging, and use of all facilities.
  • Wilderness Recreation: Hiking, mountain biking, and trail use.
  • Water Activities: River access, swimming, cold plunging, fishing, and gold panning.
  • Equipment/Facilities: Playgrounds, inflatables, R/C vehicle use, saunas, and hot tubs.
  • Social: Organized events, food services, and permitted alcohol consumption.

3. ACKNOWLEDGEMENT OF INHERENT RISKS The Guest acknowledges that the Campground is a natural wilderness environment. Risks include, but are not limited to:

  • Natural Hazards: Swift river currents, cold water immersion (drowning risk), slippery rocks, falling trees/debris, uneven terrain, and extreme weather.
  • Wildlife: Encounters with bears, cougars, insects, or other animals.
  • Facility Risks: Unmaintained trails, equipment failure, and collisions. Wilderness trails that are not inspected, maintained, or regularly monitored and may contain hidden obstacles including rocks, roots, erosion, fallen trees, or unstable surfaces.
  • Human Factors: Negligence of other guests, alcohol-related incidents, and delayed emergency response due to the remote location.

These risks may result in serious injury, permanent disability or death.

4. ASSUMPTION OF RISK I freely and voluntarily accept and fully assume all risks, dangers, and hazards associated with entering the Campground property and participating in any Activities, whether such risks are specifically described in this document or not. I acknowledge that injuries may occur as a result of my own actions, the actions of others, natural hazards, equipment failure, or the negligence of the Campground.

5. RELEASE OF LIABILITY & WAIVER OF CLAIMS – YOU ARE WAIVING YOUR RIGHT TO SUE

PLEASE READ CAREFULLY: In consideration of being permitted on the property, you agree to WAIVE ANY AND ALL CLAIMS and RELEASE THE CAMPGROUND FROM ALL LIABILITY for any loss, damage, expense, property damage, personal injury, or death. This release includes claims arising from:

  • NEGLIGENCE on the part of the Campground.
  • Breach of any statutory or other duty of care (including the Occupiers Liability Act).
  • Failure to safeguard or protect you from the risks mentioned above.

6. INDEMNIFICATION & MINORS

  • Indemnity: You agree to hold the Campground harmless from any legal fees or costs arising from your actions, or the actions of minors/guests in your party.
  • Minors: You assume full responsibility for the conduct and safety of all minors under your supervision. You confirm that you are the parent or legal guardian of any minors in your party and agree to assume all risks on their behalf to the fullest extent permitted by law.

7. GUEST RESPONSIBILITIES & RULES Entry is conditional upon your compliance with all posted Campground Rules, including:

  • Fire Safety: Strict adherence to fire bans and pit regulations.
  • Conduct: Respecting quiet hours, speed limits, and pet controls.
  • Personal Property: The Campground is not responsible for lost, stolen, or damaged vehicles, RVs, bikes, or personal belongings.
  • Right to Remove: The Campground reserves the right to evict any guest (without refund) who behaves dangerously or violates rules.
  • Entry is conditional upon your compliance with all Campground Rules and Policies, including those posted on the Campground website, at the registration office, and on signage throughout the property

8. LEGAL JURISDICTION This Agreement is governed by the laws of British Columbia, Canada. If any part of this waiver is deemed unenforceable, the remainder shall remain in full force.

9. CONFIRMATION OF UNDERSTANDING By signing below, I confirm:

  • I am at least 19 years of age.
  • I have read this entire document and understand I am giving up legal rights.
  • I have read and understand the scope of activities.
  • I accept that these risks may result in serious injury, permanent disability or death.
  • I agree to waive my right to sue the Campground for negligence.
  • I acknowledge that I have a duty to review the Campground Rules posted at the website, office and on-site, and I agree to abide by them.
  • I am signing voluntarily on behalf of myself and my entire party.
  • This waiver applies to the current visit and to any future visits by the Guest to the Campground property unless revoked in writing by the Campground.