Just a Mite too Confident

by

by David Ivens

It all started innocently enough. I could see the weather was terrible driving up to Parry Sound. I arrived at White Squall and talked with a few friends and met a member of GLSKA and everyone concurred it was a day to stay on shore and read a book. Of course sitting in Parry Sound or Killbear Park wasn’t as attractive as sitting on an island and watching the weather go by. So when Johanna got there we decided to go on to Dillon and see what was in store for us. When we got there we heard a tale on the dock that a few boats that had been out and wanted nothing to do with the bay; but with those three-story plastic enclosed towers you can understand why. We listened to the forecast, chance of thunderstorms, waterspouts and a small craft warning. A lot to worry about, lots of caution on shore, but heck, storms have gone through before. It was supposed to clear late tonight; we could go out and stick our noses in the wind check the waves and see what we wanted to do; it was early (3 p.m.) so there was lots of daylight; things might change; we could poke, rock hop, bob and weave along the shore. It was a couple of kilometres out to the bay and there’s a little island with a sandy beach before we would make the crossing to Twin Sisters, where we could camp if the winds too strong, or we didn’t like what we saw. The first part wasn’t difficult, winds were out of the north so going down the channel was fine, no lightening, a couple of places with a good cross wind but clearing maybe, still gray but windy.

So, we decided to island hop, to the Twin Sisters, on the inside, which was a mistake as we soon realized the wind was funneling down and really blowing on that side so we headed farther out on the bay. We were questioning whether we were making headway, so Johanna got out the GPS and we were making 3.5 to 4 km/h so it was an effort, but we were up for some exercise and we had taken the day off work. The wind was strong the waves were over the bows, but it was invigorating if you were into it, and there was no sign of squalls. We got to the north tip of Twin Sisters and headed for Colley, a hop in normal conditions. We were close and could see a storm front coming in. We put in an effort to get there quickly, but we were already paddling at a quickened pace to get 3.5 km/h. Shore was less than 50 metres away when the rain started and it didn’t take any time for everything else to happen too. The rain hurt. The wind picked up, it tried to rip the paddle right out of your hands and the boat off the water. The water came from everywhere, sheets of water lifted off the lake, down from the sky, and the direction changed almost 180 degrees. You couldn’t see a thing, there was so much water; I did not know where Johanna was, I had to concentrate on myself, trying to make headway and keeping the boat facing the wind, it took every ounce of strength I had to keep the boat upright and moving. I was completely out of breath. I hadn’t managed the 50 metres; I might have been farther away after it passed. No lightning. We were lucky. Johanna was not far off. We both stayed upright and kept the boats in about the same position.

I have never paddled when I could not rescue my paddling partner, it’s one of my rules. This time I got caught, too confident, too anxious, peer pressure? Anyway I don’t like breaking my own rules. But if you hadn’t been there you wouldn’t have known and if you had seen it on shore and watched it go by you might not have thought a lot of it. And, if you were out in another craft, well you probably would have been blown wherever the wind took you. But kayaks can do pretty amazing things. The adrenalin ran for hours. It was not something I would recommend and not something I want to repeat; it just wasn’t my time or Johanna’s. And now I know I have paddled when I shouldn’t have and am a little wiser for it. How many lemons did we have? More than we realized.

GLSKA Waiver

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter the "Release Agreement") BY ACCEPTING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE OR BREACH OF CONTRACT OR TO CLAIM COMPENSATION FOLLOWING AN ACCIDENT

PLEASE READ CAREFULLY!

DEFINITION

In this Release Agreement, the term Sea Kayaking Activities shall include but is not limited to: all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall including moving water, still water, lake and ocean kayaking; loan or rental of kayaks (hereinafter "the boats") and other equipment; orientational and instructional courses, seminars and sessions; all travel, transportation, and accommodation; food, beverage including water supply, use of equipment, and multi-day camping or overnight stays in the outdoors.

In this Release Agreement, the term "Negligence" includes the failure by the Releasees to use such care as a reasonably prudent and careful guide, instructor, trip organizer or sea kayaking operator would use under similar circumstances, or breach of any other duty of care imposed by law.

ASSUMPTION OF RISKS

Participation in Sea Kayaking Activities involves various risks, dangers and hazards including the risk of serious injury, paralysis or death. Sea Kayaking Activities often take place in remote wilderness locations, where assistance, medical and first aid services and evacuation may not be readily available, and communication may be difficult or not possible. The risks, dangers and hazards that may be encountered include, but are not limited to: accidents which occur during transportation or travel to and from the departure point; slips and falls while getting into or out of the boats; overturning of the boats; loss of balance; impact or collision with objects; cold water immersion; repetitive strain injuries; dislocated shoulders; hypothermia; drowning; changing and inclement weather conditions including storms, high wind, high waves, and lightning; encounters with domestic or wild animals; infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact; negligence on the part of other participants; and NEGLIGENCE ON THE PART THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN SEA KAYAKING ACTIVITIES.

Please refer to the GLSKA Risk Management Strategy section of their website for further information regarding the risks, dangers and hazards that may be encountered during Sea Kayaking Activities.

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter the "Release Agreement") BY ACCEPTING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE OR BREACH OF CONTRACT OR TO CLAIM COMPENSATION FOLLOWING AN ACCIDENT

PLEASE READ CAREFULLY!

I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH PARTICIPATING IN SEA KAYAKING ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

In consideration of the Releasees allowing me to participate in Sea Kayaking Activities as defined in this Release Agreement, I hereby agree as follows:

  1. TO WAIVE ANY AND 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, expenseor injury including death that I may suffer, or that my next of kin may suffer as a result of my participation in Sea Kayaking 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. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN SEA KAYAKING ACTIVITIES REFERRED TO ABOVE;
  1. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in Sea Kayaking Activities;
  2. This Release 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;
  3. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario and no other jurisdiction; and
  4. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of Ontario and shall be within the exclusive jurisdiction of the courts of Ontario.

In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of Sea Kayaking Activities, other than what is set forth in this Release Agreement.

I CONFIRM THAT I HAVE READ THIS RELEASE AGREEMENT, AND I AM AWARE THAT BY ACCEPTING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.