Terms of Service
NOTICE TO USERS OF THE RESORT FACILITIES ASSUMPTION OF RISK AND WAIVER AND RELEASE OF CLAIMS PLEASE READ CAREFULLY:
“Activities” shall mean, without limitation, all activities in any way associated with or related to water sports, recreational vehicle camping, hiking; fishing and any recreational activities offered by Coldsmoke Land BC ltd or any of its volunteer or community associations (collectively referred to as “coldsmoke”), including training and instruction, as well as but not limited to use of play structure, picnic areas, fields, sports fields, beaches, lakes, man-made lakes, swimming pools, parks, trails, walking paths, roads, grounds and parking lots. ‘Property” shall mean, without limitation, any premises, lands, buildings, facilities, play structures, fields, sports fields, beaches, lakes, man-made lakes, swimming pools, parks, trails, walking paths, roads, grounds and parking lots and equipment owned or leased by Coldsmoke. In consideration of Coldsmoke allowing the RESORT USER onto its Property to use and enjoy the Property and to participate in Activities, the RESORT USER agrees as follows:
1. THE RESORT USER ASSUMES AND ACCEPTS, WITHOUT LIMITATION, ALL RISKS AND DANGERS associated with the use and enjoyment of the property and participation in any of the activities.
2.THE RESORT USER ASSUMES FULL RESPONSIBILITY for understanding and following the rules and safe practices associated with the use and enjoyment of the Property, participation in any of the Activities, and for his or her own personal safety.
3.THE RESORT USER WAIVES ANY AND ALL CLAIMS that he or she has or may have in the future against Coldsmoke and its parent, subsidiaries and affiliated entities and their respective directors, officers, employees, agents, volunteers, contractors and assigns arising from or connected, directly or indirectly, with the RESORT USER’S presence at, or use and enjoyment of, Coldsmoke’s Property, and the RESORT USER’S presence at, or participation in, any of the Activities.
4.THE RESORT USER RELEASES Coldsmoke from any and all liability for any loss, damage, injury or expense that he or she may suffer or incur by reason of his or her presence at, or use and enjoyment of, the Property, and presence at, or participation in, any of the Activities, due to any cause whatsoever, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANYSTATUTORY DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER ANY APPLICABLE OCCUPIERS’ LIABILITY LEGISTRATION ON THE PART OF COLDSMOKE, OR OTHER PARTICIPANTS, OR ANYONE ELSE.
5. THE RESORT USER agrees to All terms and conditions and agrees that Coldsmoke has the right to charge a user for neglect of our property up to $50 per incident. Extra charges could include: pets fees, extra people, Noise disturbance resulting in having to refund other guest / garbage left on site or outside of garbage can / site neglect or not left in its natural habitat / fires left burning. Anything that is inconveniencing others, wildlife or the park staff can result in a fine.