Paddle Canada Waiver Forms

Directions for Use

The following provides direction to Paddle Canada instructors regarding the use of our waivers. Please follow these instructions.

1. On websites and joining instructions that are provided to participants the waiver should be highlighted as a requirement of participation. This should be done in numerous points in the registration and payment process and in numerous places on your website and joining instructions. Draw the requirement to sign a waiver to the participant’s attention at numerous places in your information materials.
2. Waivers are onerous contracts, that if designed and delivered properly most Canadian courts will enforce. However, the participant should agree to be bound by the waiver, and sign the waiver, prior to paying for a course or event. As much as possible, get the waiver signed prior to receiving payment.
3. Waivers are contracts intended for use between you and other adults. In Canada, they are not enforceable against minors who are not of the age of majority. However, there are still good reasons for minors (and their parents) to sign a waiver document and both a minor participant and their parent or guardian should sign the waiver. You do not need a different document for a minor to sign.
4. Waivers can be given, and signed, either as a hard paper copy, or electronically. Paper waivers are much better evidence and electronic waiver law is still very uncertain. When creating an electronic waiver, you should as close as possible replicate the design and presentation of the paper waiver document; most electronic waiver programs cannot do this accurately and you should get expert assistance for this.
5. Be sure to keep all copies of the waiver for at least seven years but longer is better.
6. There are two formats of the waiver: 11-inch two-sided, and 14-inch one-sided. We have provided both 11-inch and 14-inch formats of the waiver. These are the same document, just in different layout formats. The 11-inch waiver it is a two-page format and so the pages do not get separated it should be printed two-sided or stapled together. Printing on heavier stock paper will prevent ink bleeding through the paper. Use whichever format is easiest for you.
7. The defensibility of waivers depends on:
1. 1. Content: Assumption of risk and jurisdiction content can be adjusted for the specific activities to be engaged in and the provincial location of the business. Most waivers need to be custom designed and generically worded waivers such as the one used by Paddle Canada may not be as effective as one designed specifically for an individual business or activity.
   2. Design: The waivers are in color, and they should be printed and issued in color. The bright yellow and red boxes are important. Be aware that most electronic waiver software programs cannot replicate the design of the paper waiver.
   3. Attention and Delivery Process: Early and repetitive notice that a waiver needs to be signed, and having the waiver signed before payment is important.
   4. Jurisdiction: Not all legal jurisdictions support waiver contracts. Some provinces such as British Columbia and Alberta are much more supportive of their use than others, such as Quebec. Numerous USA states have legislation against their use. While you cannot control provincial attitudes toward their use, they will still have education and warning value and you can help their defensibility by issuing them as best you can.
8. Other forms should not be incorporated into the waiver. Do not ever add things like photography releases or medical information to the waiver. Keep these very separate.

Adding an Instructor or Business Name to the Waiver

If you are an instructor, school, or business that is using Paddle Canada curriculum, or are covered under the Paddle Canada insurance program, it is possible to add your name to the Paddle Canada waiver. Do this in the “TO:” section immediately in front of where it says “PADDLE CANADA.”

Do not remove Paddle Canada from the waiver. An example follows:

TO: Roger’s Paddling School, PADDLE CANADA and its directors, officers, employees, instructors, guides, agents, independent contractors, subcontractors, associated paddle sport clubs, representatives, successors, and assigns (all of whom are hereinafter collectively referred to as “the Releasees”).

Waiver Online Training Seminar

In 2021, we hosted an online training seminar around waiver form best practices. We encourage everyone to view the seminar recording.

Paddle Canada Waiver Forms