Lending program terms and conditions

Borrower Responsibilities:
This Testkit Borrowing Agreement (“Agreement”) and the responsibilities as outlined in this Agreement are not transferable without the written approval of Water Rangers and WWF-Canada. By executing this Agreement, I agree to comply with all terms set forth in this Agreement and with all applicable municipal, provincial and federal laws and regulations.

I understand that I am responsible for the proper use of the Testkit. I have received the instructional Field Guide for the Freshwater Explorer Testkit and the Water Testing Safety Tips (Attachment B). I understand that it is my
responsibility to familiarize myself with instructions for use of the equipment and water testing by reviewing these materials and other available resources, such as the online Water Rangers water testing information and training videos, or by participating in a virtual Water Rangers training session (all resources available online at
www.waterrangers.ca).

I understand that I am solely responsible for my safety and that of all persons using the Testkit, including any minor children. I have been advised that the Testkit includes a glass component that is expressly not recommended for use by children, and that I should follow the Testkit instructions for its safe disposal.

I understand that I am responsible for returning the Testkit on time and in clean, dry, working condition and to identify missing or damaged components to the best of my knowledge. I agree to reimburse Water Rangers and/or WWF-Canada the retail value of kit items that are lost, stolen or damaged beyond reasonable wear and tear during the Loan Period. A late fee of $5.00 per day will be enforced for every day that the Testkit is not returned following the Loan Period.

Equipment Use/Disclaimer:
In return for my being permitted to borrow and use the Testkit, I hereby agree as follows:

i. I VOLUNTARILY ASSUME THE RISKS OF USING THE TESTKIT. I understand that conducting a water test
involves physical activity. I understand that the risks may include infections or disease caused by ingestion of contaminated water by mouth or through broken skin; skin and other irritations caused by exposure to harmful plants; injuries caused by encounters with dangerous wildlife; cuts, muscle strain, broken bones and other injuries caused by tripping or falling into or around water areas; hypothermia due to exposure to cold water, and drowning; and other incidents that could cause loss to property, personal injury or death. I am solely responsible for my personal health and safety, and all personal property while using the Testkit.

ii. By signing this Agreement, I UNCONDITIONALLY RELEASE AND FOREVER DISCHARGE WWF-CANADA AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, ACTIONS, SUITS, PROCEEDINGS, DEMANDS, DAMAGES AND LIABILITIES WHATSOEVER (collectively the “Claims”) FOR DEATH, PERSONAL INJURY, DAMAGE OR LOSS TO PROPERTY AND ANY AND ALL OTHER LOSS OR INJURY, including, without limitation, economic loss or consequential damages (collectively “Damages”) that may result, directly or indirectly, from my use of the Testkit or activities related to and/or activities in preparation for my use of the Testkit. This Agreement applies regardless of whether the Damages are occasioned, wholly or in part, by any act or omission of Water Rangers, WWF-Canada or Representatives, whether negligent or otherwise.

iii. I will make no demand or claim against any other person who could claim against Water Rangers, WWF-Canada and its Representatives for the matters this Agreement covers. I AGREE TO INDEMNIFY AND SAVE HARMLESS WWFCANADA, WATER RANGERS AND REPRESENTATIVES FROM CLAIMS FOR ANY AND ALL DAMAGES suffered by me and/or by any other persons arising from my use of the Testkit, whether the Damages are occasioned, wholly or in part, by any act or omission of WWF-Canada or Representatives, whether negligent or otherwise.

Applicable Laws and Jurisdiction:
This Agreement is governed by the laws of the Province of Ontario and the laws of Canada applicable therein. Should any portion of this Agreement be held to be invalid by any court of competent jurisdiction for any reason,
such portion will be severable from the remaining provisions herein and will not otherwise affect the remaining provisions of this Agreement which will continue to be enforceable.

Submission of Form:
I am 18 years of age or older and have read (or have had read to me) this Agreement. I have been given the opportunity to seek independent legal advice in respect of this Agreement. I fully understand and agree with the
terms of this Agreement. I understand and agree that it shall bind my heirs, assigns, administrators, executors, legal representatives, next-of-kin, and anyone else who may make a claim for me or on my behalf. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT, AND CONFIRM THAT I HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS, OR ASSURANCE OR GUARANTEE BEING MADE TO ME.

Your safety is of paramount importance. In signing this Agreement, you acknowledge that you understand there are risks associated with water testing activities and accept responsibility for your personal safety and the safety of any minor children permissioned by you to use the Testkit. Have fun but be safe while conducting your tests:

Note: Used CHEMets Dissolved Oxygen ampoules should be handled using gloves provided and deposited in a
Whirl pak bag, which should be disposed of in regular garbage. All other Components should be returned to
WWF-Canada for reuse or proper disposal, including used test strips and gloves.

  • Always wear a lifejacket or Personal Floatation Device when sampling near or in water, especially near swift or deep water.
  • Check for hazards and avoid any dangerous areas (e.g. faster moving water, bad weather conditions, dangerous wildlife, construction). When in doubt, do not sample. No test is worth risking your life.
  • Follow normal field safety and equipment precautions regarding weather, insects, heat and dehydration.
  • Consider protecting feet with waders or other protective footwear while in mud or water.
  • Protect wounds on hands with rubber or plastic gloves.
  • Never drink untreated water. Remember that the test result is not an indication of whether the water is safe to drink or swim in.
  • Avoid all contact with water that you suspect of being contaminated.
  • Avoid carrying a pen in the mouth while sampling.
  • Always sample with a friend. It’s more fun, plus it’s safer.
  • Before leaving on your sampling adventure, let someone know where you are going and when you will be back.
  • Do not trespass onto private property.