In consideration of 7666705 Canada Inc. (o/a Canadian Cheer Evolution) and/or 6763201 Canada Inc. (o/a Canadian Cheer for the Cure) and/or 10892262 Canada Inc. (o/a Canadian Cheerfest) and each of their respective directors, officers, employees, sub-contractors, agents, representatives, affiliates, related companies, successors, and assigns together with the host venue(s) (including but not limited to any school, university, arena, hotel, convention centre, etc.) and all cheerleading event sponsors and vendors (hereinafter collectively referred to as the “Releasees”) allowing the participant named above (the “Participant”) to participate in any of the 2018-2019 cheerleading events (the “Events”) hosted by the Releasees, the Participant and/or the parent/legal guardian named above (the “Parent”) agree as follows:
ACKNOWLEDGEMENT & ASSUMPION OF RISKS:
The Participant and/or Parent acknowledge that participation in the Events entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to person, to property or to third parties. Risks include but are not limited to: cuts and bruises, falling, muscle and joint spasms and strains, broken wrists, ankles and legs, participants falling on each other resulting in broken bones or serious injuries, colliding with or being landed on by other participants. The Participant and/or Parent acknowledges that the risks cannot be eliminated despite the efforts of the Releasees to provide a safe environment. Notwithstanding the foregoing, the Participant and/or Parent agree, accept and assume all of the risks associated with participating in the Events.
The Participant and/or the Parent hereby certify that the Participant does not suffer from any physical disability or medical condition which would or could pose a risk to the Participant while attending or competing in any of the Events and understands that the Releasees are relying on this certification. Notwithstanding that the Releasees have no obligation to do so, the Participant and/or Parent authorize the Releasees to provide treatment for the Participant in the event of an injury. If no medical treatment is provided, or if the provided treatment is ineffective, the Releasees will not be liable in any way. The Participant and/or Parent shall be solely responsible for all costs of any such treatment.
RELEASE OF LIABILITY, WAIVER AND INDEMNITY:
The Participant and/or Parent hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless the Releasees from any and all liability, loss, damage, expense or injury including death sustained by the Participant, or the family, heirs, assigns, personal representatives or estate of the Participant, whatsoever and waive any claims, demands, actions or causes of action of any kind as a result of the Participant’s attendance or participation in the Events due to any cause whatsoever including negligence (being the failure to take careful measures available and understood to be necessary for safety in the circumstances), breach of contract, or breach of any statutory or other duty of care and particularly pursuant to the Occupier’s Liability Act (R.S.O. 1990, c.O.2) and including any failure on the part of the Releasees to safeguard or protect the Participant from the risks, dangers and hazards of participating in the Events. This agreement to indemnify and hold the Releasees harmless extends to and includes all costs, legal or otherwise, incurred in defending any such claim, demand, action or cause of action. The Parent further acknowledges that it is his or her sole responsibility to ensure a Participant under the age of 18 years is properly supervised and chaperoned at all times during the Events and as part of the program within which they are competing. The Releasees have no obligation in this regard. The Participant and/or Parent further indemnify and hold harmless the Releasees from any and all liability for injury to any third party, whether to property or personally, resulting from the Participant’s participation in the Events.
USE OF IMAGES OR RECORDINGS OF THE EVENTS:
The Participant and/or the Parent acknowledge that the Releasees may from time to time produce photographs, videotapes, DVD's, podcasts and video casts recording activities at the Events to be used for promotional or other commercial purposes. The Participant and/or Parent acknowledge that the Participant may be included in such recordings and consents to same. The Participant and/or the Parent hereby transfer and assign to the Releasees, the exclusive right to make such recordings and utilize the Participant's image and/or voice for the purposes of marketing, advertising and promotion in general or for any other commercial purpose. The Participant and/or the Parent waive any right to monitor, inspect or approve any such recordings or the use of any such recordings.
Where the Participant is under the age of 18 years, the Parent certifies that he or she has full authority with respect to the care, control and custody of the Participant and understands that the Releasees are relying on this certification. The Participant and/or Parent consent to the collection, use and disclosure of their personal information for the purposes of administering participation in the Events. The Participant and/or the Parent give permission for and consent to the Participant competing in the Events. The Participant and/or Parent agree that: (a) if any portion of this agreement is void or unenforceable, the remaining portions shall remain in full force and effect; (b) the substantive law of the province of Ontario will apply regardless of the province in which the Events take place and that any litigation will take place solely in the province of Ontario.
The Participant and/or the Parent confirms that he or she has read this document in its entirety and fully understands the contents and is signing it voluntarily in order that it can be relied upon by the Releasees. Nothing in this document guarantees the Events will take place.
I have read, understand and agree to abide by all terms and conditions outlined on this form.