Acknowledgement, Release and Waiver
The Participant, or, where applicable, the Legal Guardian, represents and warrants that the Participant is in good health and physical condition, and acknowledges and understands that participation in and attendance at the Program involves certain risks and dangers of accidents, serious personal and bodily injury, including death, and property loss or damage either specifically as a result of participation in the Program or generally in connection with Participant’s attendance thereat and any transportation connected thereto. The Participant, or, where applicable, the Legal Guardian, understands, has considered, and evaluated the nature, scope, and extent of the risks involved, and voluntarily and freely chooses to assume these risks.
The Participant, or, where applicable, the Legal Guardian, fully and forever releases, discharges and indemnifies the Institutions, its volunteers, employees, contractors, representatives, committees, associations, appointed officials, successors, sponsors of the Program, together with all of the Program’s directors, volunteers, staff, training and medical personnel, and 10229989 Canada Ltd., its directors, officers, employees, representatives and agents (for the purposes of this Acknowledgement, Release, and Waiver, the “Released Parties”) of and from any and all causes of action, lawsuits, losses, damages, injuries, howsoever occurring, whether by negligence or otherwise, including death, claims, demands, sums, costs, expenses (including legal fees and disbursements), and any other liability of any kind, of or to the Participant or any other person, directly or indirectly arising out of or in connection with the Participant’s participation in and attendance at the Program, including, without limitation, transportation connected to the Program.
The Participant, or, where applicable, the Legal Guardian, agrees not to initiate any lawsuit, court action or other legal proceeding against the Released Parties, nor join or assist in the prosecution of any claim or money damages which anyone may have, on account of loss, damage, or injury sustained by the Participant or others, howsoever occurring, whether by negligence or otherwise, in connection with the Participant’s selection of, participation in and attendance at the Program or transportation connected thereto, and the Participant, or, where applicable, the Legal Guardian, waives any right to do so.
The Participant, or, where applicable, the Legal Guardian, waives any applicable insurers’ right to make a claim against the Released Parties based on insurance payments made to, or on behalf of, the Participant for any reason. This means insurers have no right of subrogation.
The Participant, or, where applicable, the Legal Guardian, agrees to indemnify and reimburse the Released Parties from and for any sums, costs, or expenses (including legal fees and disbursements) incurred or suffered by any of the Released Parties or paid by them to any person (including to the Participant or Participant’s insurers) in connection with any accident, loss, damage, injuries, howsoever occurring, whether by negligence or otherwise, including death, claims, demands, lawsuits, expenses and any other liability of any kind, sustained by the Participant or others in connection with Participant’s participation in the Program or transportation connected thereto.
The Participant, or, where applicable, the Legal Guardian, understands that the Released Parties do not provide any insurance, either life, medical, or liability, for any illness, accident, injury, loss, or damage that may arise in connection with Participant’s participation in and attendance at the Program and any transportation connected thereto. If the Participant, or, where applicable, the Legal Guardian, wants insurance of any kind, it must be obtained independently. The Participant, or, where applicable, the Legal Guardian, will pay for the Participant’s medical emergency expenses and all subsequent medical expenses in the event of any illness, accident, or injury in connection with the Program.
The Participant, or, where applicable, the Legal Guardian, acknowledges that if any portion of this Acknowledgement, Release, and Waiver is held to be invalid or unenforceable, all other provisions shall nevertheless continue to be valid and enforceable. This Acknowledgement, Release, and Waiver supersedes any oral or written statements made or received by the Released Parties in connection with the Program and transportation connected thereto. The Participant, or, where applicable, the Legal Guardian, understands that this Acknowledgement, Release, and Waiver cannot be terminated, cancelled, or revoked for any reason during or after Participant’s participation in the Program.
In the event of a medical emergency, unless otherwise indicated by the Participant, or, where applicable, the Legal Guardian, the Released Parties and Program personnel are hereby authorized and permitted to administer first aid to the Participant and to authorize such other medical treatment and transportation as may be recommended by physicians, paramedics, and other medical personnel, in the event of any illness, accident or injury.
The Participant, or, where applicable, the Legal Guardian, further agrees that this Acknowledgement, Release, and Waiver is governed by the laws of the Province of Ontario and operates to the benefit of the Released Parties as well as their administrators, successors, and assigns, and is binding on the Participant, and, where applicable, the Legal Guardian, and any of their respective heirs, administrators, successors, assigns, insurers and estate.
The Participant, or, where applicable, the Legal Guardian, is not relying upon any oral or written representations or statements made by the Released Parties other than what is set forth in this Acknowledgement, Release, and Waiver.
