Women of Colour Remake Wellness (WoCRW) Liability Waiver and Assumption of Risk Agreement - 2026

Below is a revised, more robust version incorporating the improvements noted. It is still for use in Ontario and assumes adult participants only.

UNCONDITIONAL RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
(LEGALLY BINDING: BY SIGNING THIS YOU WAIVE THE RIGHT TO SUE FOR DEATH, INJURY, OR LOSS)

THIS AGREEMENT IS MADE IN THE PROVINCE OF ONTARIO and is governed by the Occupiers’ Liability Act and the Negligence Act of Ontario.

This Agreement is intended to apply to the fullest extent permitted by law and does not apply to intentional or criminal acts.

1. IDENTIFICATION OF PARTIES

In this Agreement:

“Organizers” and “Releasees” mean, jointly and severally:

  • Biatris Lasu, individual organizer;

  • Women of Colour Remake Wellness (WoCRW), including its directors, officers, employees, contractors, agents, volunteers, and representatives;

  • Adventure Report and OOGL, including their respective directors, officers, employees, contractors, agents, volunteers, and representatives;

  • Any other individuals or organizations who assist with planning, leading, transporting, or supporting the activities.

“I”, “me”, and “my” refer to the undersigned adult participant, signing on my own behalf.

I confirm that I am at least 18 years of age, legally competent to sign this Agreement, and signing only on my own behalf and not on behalf of any minor or other person.

2. DESCRIPTION OF ACTIVITIES AND RISKS

I understand that I will be participating in outdoor and related activities organized or facilitated by the Organizers, which may include, but are not limited to:

  • Wilderness and front‑country camping;

  • Hiking and backpacking on marked and unmarked trails (including uneven, slippery, rocky, steep, or poorly maintained terrain);

  • Canoeing and water activities (including cold water, currents, capsizing, and changing weather conditions);

  • Travel to, from, and between activity locations, including carpooling in private vehicles driven by volunteer drivers;

  • Use of shared equipment and facilities (such as tents, stoves, fire pits, docks, vehicles, and shelters).

I understand and acknowledge that these activities involve inherent and significant risks, including but not limited to:

  • Serious bodily injury, permanent disability, paralysis, or death;

  • Slips, trips, and falls; drowning; hypothermia or heat‑related illness; wildlife encounters; falling objects; fire; and equipment failure or misuse;

  • Being in remote locations where medical care and emergency response may be delayed or unavailable;

  • Motor vehicle collisions or incidents during travel;

  • Emotional or psychological distress related to accidents, near‑misses, or challenging conditions;

  • Economic loss, including loss of income or earning capacity, and medical or rehabilitation costs.

I understand that these risks may arise from my own actions or inactions, the actions or inactions of others, the condition of the premises, equipment, or vehicles, and from the NEGLIGENCE of the Organizers in planning, organizing, leading, supervising, or responding to emergencies.

3. UNCONDITIONAL ASSUMPTION OF RISK

I FREELY, VOLUNTARILY, AND UNCONDITIONALLY ACCEPT AND ASSUME ALL RISKS of injury, death, loss, or damage described above, and any other risks arising from my participation in the activities, whether known or unknown and whether or not caused by the NEGLIGENCE, CARELESSNESS, BREACH OF CONTRACT, OR BREACH OF ANY DUTY OF CARE BY ANY OF THE ORGANIZERS.

4. RELEASE AND WAIVER OF LIABILITY

In consideration of being permitted to participate in the activities, I, for myself and for my heirs, executors, administrators, and next of kin, hereby IRREVOCABLY RELEASE, WAIVE, AND FOREVER DISCHARGE the Organizers from any and all claims, demands, actions, causes of action, damages, and liabilities of any kind, whether in law or in equity, arising out of or in any way connected with:

  • My death or personal injury (including serious injury, paralysis, or permanent disability);

  • Any alleged negligence, carelessness, breach of contract, or breach of duty of care under the Occupiers’ Liability Act or otherwise;

  • Any loss of or damage to my property;

  • Any economic loss, including past or future loss of wages, income, or earning capacity, and medical, rehabilitation, or other expenses;

  • Emotional distress or psychological injury.

This RELEASE APPLIES EVEN IF THE HARM IS CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE, CARELESSNESS, OR BREACH OF CONTRACT OR DUTY OF CARE BY ANY OF THE ORGANIZERS, to the fullest extent permitted by law.

5. TRANSPORTATION AND CARPOOLING

I understand that transportation to, from, and between activity locations may be arranged through volunteer carpooling in private vehicles and that the Organizers do not operate as a commercial carrier or transportation service.

I acknowledge and agree that:

  • Volunteer drivers are responsible for maintaining a valid driver’s licence and valid automobile insurance for their vehicle.

  • Any motor vehicle accident claims are generally made under the applicable owner/driver automobile insurance policy, and not under any policy of the Organizers.

  • The Organizers do not provide commercial auto insurance and assume no responsibility for the suitability, safety, or operation of any private vehicle.

I hereby RELEASE the Organizers from any and all liability for injuries, death, loss, or damage that I may suffer arising from or connected with travel to, from, or during the retreat or related activities, whether as a driver or a passenger, including where such loss is alleged to have been caused by the NEGLIGENCE of the Organizers, to the fullest extent permitted by law.

6. ACKNOWLEDGEMENT OF NO INSURANCE

I specifically acknowledge that WoCRW, Biatris Lasu, and the other Organizers do not provide liability, accident, or health insurance for participants.

I understand and agree that:

  • I am solely responsible for arranging and maintaining my own medical, disability, life, and other insurance coverage, if I choose to do so.

  • I will not receive any financial compensation or coverage from the Organizers for any injury, loss, or damage I may suffer, regardless of severity, except as may be specifically required by law.

7. INDEMNITY AND COVENANT NOT TO SUE

I agree to INDEMNIFY AND HOLD HARMLESS the Organizers from any and all losses, damages, costs, and expenses (including legal fees on a full indemnity basis) incurred in connection with any claim, demand, action, or proceeding brought by me or on my behalf, or by any third party in relation to my participation in the activities.

I PROMISE AND COVENANT that I will not commence, maintain, or participate in any lawsuit, claim, or other proceeding against any of the Organizers in respect of any matter released by this Agreement.

If I nevertheless commence such a proceeding, I agree that I will be responsible for all legal fees and costs incurred by the Organizers in defending that proceeding, to the fullest extent permitted by law.

8. CONFIRMATION OF UNDERSTANDING AND TIMING

By signing below, I confirm that:

  • I received this Agreement in advance of the activity and had sufficient time to read it carefully and ask any questions I had.

  • I have read and fully understand the terms of this Agreement.

  • I understand that I am giving up substantial legal rights, including the right to sue the Organizers for negligence, injury, or death, to the fullest extent permitted by law.

  • I am signing this Agreement freely and voluntarily, without any pressure or coercion.