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
PLEASE READ CAREFULLY!
In consideration of 2651272 Ontario Inc. (o/a The Yard – Ottawa’s Indoor Bike and Skatepark), a business corporation incorporated in the province of Ontario (“The Yard") permitting the individual named below (“I”, “me” or the “Participant”) to participate in the Activities (described below), and for other good and valuable consideration, I agree to all the terms and conditions set forth in this agreement.
ACTIVITIES - “Activities” include but are not limited to bike, scooter, skateboard, rollerblading and other wheeled sports and lessons, classes, training in connection therewith, together use of facilities, programs and services provided to the Participant by The Yard and all other activities participated in by the Participant at The Yard’s premises or under the supervision of the Yard or its employees or agents.
ASSUMPTION OF RISKS - I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES INVOLVE MANY RISKS, DANGERS AND HAZARDS, INCLUDING BUT NOT LIMITED TO THE RISK OF SERIOUS INJURY, DEATH, PROPERTY DAMAGE or loss. I understand that such Risks, dangers and Hazards may be relative to my state of fitness or health (physical, mental and emotional), and to the awareness, care and skill with which I conduct myself while participating in Activities. It is not possible for THE YARD to make the Activities completely safe. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES and am not required to participate in all or any part of any of the activities. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS AND HAZARDS INVOLVED AND THE POSSIBILITY OR ACTUALITY OF INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING FROM THE ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF THE YARD OR OTHERWISE.
WAIVER AND RELEASE - I (on behalf of myself and my heirs, next of kin, executors, administrators and assigns), hereby expressly waive and release any and all claims which I have or may in the future have against The Yard, its affiliates, and their respective directors, officers, employees, agents, representatives, shareholders, successors and assigns (collectively, "Releasees"), on account of injury, death, property damage or loss arising out of or attributable to my participation in the Activities, due to any cause whatsoever, including without limitation the negligence of The Yard 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 Yard or any other Releasee, and forever release and discharge The Yard and all other Releasees from liability under such claims.
INDEMNITY - I shall defend, indemnify and hold The Yard and all other Releasees harmless against any and all losses, damages, demands, liabilities, deficiencies, claims, actions, judgments, proceedings, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable legal fees, arising out of or resulting from the Activities I participate in including, without limitation, in connection with any third-party claim, suit, action or proceeding.
ACKNOWLEDGEMENT - I shall inform the nearest employee of The Yard if I feel any symptoms that concern me during or immediately after my participation in the Activities. I understand that I may stop participating at any time, and have the right to immediately withdraw from any Activity that is beyond my ability, makes me uncomfortable or which I believe may harm me.
IMPAIRMENT –I acknowledge and agree that I shall not participate in any of the Activities while under the influence of drugs (including cannabis) and/or alcohol.
MISCELLANEOUS - This agreement constitutes the entire agreement of The Yard and I 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 will not affect any other term or provision of this agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This agreement is binding on and will enure to the benefit of me and my heirs and next-of-kin, and The Yard and its successors and assigns. This agreement will be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable in it. Any claim or cause of action arising under this agreement may be brought only in the courts of the province of Ontario, and I hereby consent to the exclusive jurisdiction of such courts.
I CONFIRM THAT I HAVE HAD SUFFICIENT TIME TO READ AND UNDERSTAND EACH TERM IN THIS AGREEMENT IN ITS ENTIRETY. 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 AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE THE YARD AND THE RELEASEES.
Today's Date: December 10, 2019