In consideration of “Canadian Cheer” (comprised of 7666705 Canada Inc., 6763201 Canada Inc., and 10892262 Canada Inc.) and each of their respective directors, officers, employees, sub-contractors, agents, representatives, affiliates, subsidiaries, 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 2019-2020 Canadian Cheer events (the “Events”) hosted by the Releasees, the Participant (if older than 18 years of age) and/or the parent/legal guardian named above (the “Parent”) agrees as follows:
ACKNOWLEDGEMENT & ASSUMPION OF RISKS:
The Participant and/or Parent acknowledges 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 arms, 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 agrees, accepts and assumes all of the risks associated with participating in the Events even if arising from negligence, or gross negligence, including any compounding or aggravation of injuries caused by the negligent rescue operations or procedures of the programme organizer and any persons associated therewith or participating therein.
The Participant and/or the Parent hereby certifies 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 authorizes the Releasees to provide treatment for the Participant in the event of an injury. If no medical treatment is provided, if the Participant is further injured during the medical treatment, or if the provided treatment is ineffective, the Participant and/or Parent shall not hold the Releasees liable or responsible 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 releases, forever discharges, and agrees 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, rights to sue, 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, gross negligence, 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, lawsuit, 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 agrees to 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 acknowledges that the Releasees may from time to time capture sounds and images (“electronic recordings”) at the Events. The Participant and/or Parent acknowledges that the voice and image of Participant may be included in such electronic recordings and consents to same. The Participant and/or the Parent hereby transfers and assigns to the Releasees the exclusive right to (i) make such recordings for commercial purposes and; (ii) to utilize electronic recordings captured at the Events and including the Participant's image and/or voice for commercial purposes in perpetuity. The Participant and/or the Parent waives any right to monitor, inspect or approve any such electronic recordings or the commercial use of any such electronic recordings.
The Participant and/or Parent warrants to the Releasees that: (a) the Participant is physically, emotionally and mentally able to participate in the Events; (b) the Participant understands that all applicable rules must be followed at all times and that the sole responsibility for personal safety remains with the Participant; and (c) the Participant will be immediately removed and the nearest official notified if at any time the Participant and/or Parent senses or observes any unusual hazard or unsafe condition or feels that the Participant has experienced deterioration in physical, emotional or mental fitness for continued participation in the Events.
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 the Parent gives permission for and consents to the Participant competing in the Events. The Participant and/or Parent consents to the collection, use and disclosure of the Participant’s personal information for the purposes of administering participation 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. Nothing in this document guarantees the Events will take place.
I have read this document thoroughly. I understand that the Relasees are relying upon my assumption of risks, waiver, release, undertakings, agreements and warranties when accepting me or my minor child/ward’s participation in the Events. I understand that by signing this docment I give up substantial legal rights I or my minor child/ward would otherwise have. I sign this document voluntarily and without inducement.