Release of Liability, Waiver of Claims and Assumption of Risks
BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOR YOURSELF OR YOUR CHILD, AS APPLICABLE.
PLEASE READ CAREFULLY!
In consideration of the United Way of Calgary and Area and UPS (collectively, the “Companies”) permitting the individual named below (”I” or “me”) to participate in Plane Pull 2019 to be held on Sunday, September 15, 2019 at the UPS Customer Centre (the “Activity”), and for other good and valuable consideration, I agree to all the terms and conditions set forth in this agreement (this “Agreement”).
ASSUMPTION OF RISKS: I AM AWARE AND UNDERSTAND THAT THE ACTIVITY INVOLVES MANY INHERENT RISKS, DANGERS AND HAZARDS, INCLUDING BUT NOT LIMITED TO THE RISK OF SERIOUS INJURY, ILLNESS, DEATH OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES AT MY SOLE RISK AND SUCH PARTICIPATION IS NOT CONNECTED TO OR RELATED TO MY EMPLOYMENT DUTIES AT THE COMPANIES OR ANY OTHER EMPLOYER, AND THAT ANY INJURIES THAT ARE SUSTAINED OR AGGRAVATED DURING THE EVENT ARE NOT WORK RELATED, NOR CAN THEY BE CONSIDERED WORK RELATED. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS AND HAZARDS INVOLVED AND THE POSSIBILITY OF INJURY, ILLNESS, DEATH OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY DUTY OF CARE OF THE RELEASEES OR OTHERWISE.
I hereby expressly waive and release any and all claims which I have or may in the future have against Her Majesty the Queen in Right of Canada, the Companies and their affiliates, and their respective directors, officers, employees, agents, independent contractors, volunteers, sponsors, representatives, shareholders, successors, assigns and insurers (collectively, “Releasees”), arising out of or attributable to the Activity, due to any cause whatsoever, including without limitation the negligence of the Companies or any other Releasee, breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation or otherwise. I covenant not to make or bring any such claim against the Companies or any other Releasee, and forever release and discharge the Companies and all other Releasees from liability under such claims. I hereby expressly acknowledge and agree that this Agreement shall constitute a full answer and defence to any claim which I may bring against the Releasees in respect of the matters specified herein.
I shall defend, indemnify and hold harmless the Companies and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable legal fees, in connection with any third-party claim, suit, action or proceeding arising out of or resulting from the Activity.
This Agreement constitutes the entire agreement of the Companies and me with respect to the subject matter contained herein and supercedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is held to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall enure to the benefit of me and my heirs and next-of-kin, and the Releases and their successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of the Province of Alberta, in the Judicial Centre of Calgary and I hereby consent to the exclusive jurisdiction of such courts.
In consenting to the terms of this Agreement, I am not relying upon any oral or written representations or statements made by the Releasees other than what is set forth in this Agreement.
If the Participant is less than 18 years old:
[An individual Agreement must be completed for each child]
I AM THE PARENT OR LEGAL GUARDIAN OF THE MINOR NAMED ABOVE AND I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS ON MY BEHALF OF MY CHILD (AND ON BEHALF OF MY CHILD’S HEIRS, EXECUTORS, ADMINISTRATORS AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE THE COMPANIES AND THE RELEASEES. I FURTHER AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANIES AND ALL OTHER RELEASEES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE LEGAL FEES, IN CONNECTION WITH ANY THIRD-PARTY CLAIM, SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RESULTING FROM MY CHILD’S PARTICIPATION IN THE ACTIVITY, INCLUDING ANY CLAIM BROUGHT BY MY CHILD AGAINST THE COMPANIES AND THE RELEASEES.