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 my child named below (the “Participant”), who is under 18, to participate in the Activities (described below), and for other good and valuable consideration, the undersigned parent or guardian of the Participant (“I” or “me”) agree to all the terms and conditions set forth in this agreement.
I am the parent/guardian of the Participant and am executing this agreement in my capacity as the Participant’s parent/guardian and with the intent that this agreement be binding on myself and the Participant for all purposes.
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 – BOTH THE PARTICIPANT AND I ARE 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. BOTH THE PARTICIPANT AND I UNDERSTAND THAT SUCH RISKS, DANGERS AND HAZARDS MAY BE RELATIVE TO THE PARTICIPANT’S STATE OF FITNESS OR HEALTH (PHYSICAL, MENTAL AND EMOTIONAL), AND TO THE AWARENESS, CARE AND SKILL WITH WHICH THE PARTICIPANT CONDUCTS HIM OR HERSELF WHILE PARTICIPATING IN ACTIVITIES. IT IS NOT POSSIBLE FOR THE YARD TO MAKE THE ACTIVITIES COMPLETELY SAFE. BOTH THE PARTICIPANT AND I ACKNOWLEDGE THAT THE PARTICIPANT IS VOLUNTARILY PARTICIPATING IN THE ACTIVITIES AND IS NOT REQUIRED TO SO PARTICIPATE IN ALL OR ANY PART OF ANY OF THE ACTIVITIES. BOTH THE PARTICIPANT AND 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 – The Participant and I (on behalf of myself, the Participant and our respective heirs, next of kin, executors, administrators and assigns), hereby expressly waive and release any and all claims which I or the Participant 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 the Participant’s 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. Both the Participant and 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.
PHOTOGRAPHS - I accept that my child may be photographed and that such material can be used by The Yard for promotion or marketing purposes.
INDEMNITY– Both the Participant and 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 participated in by the Participant including, without limitation, in connection with any third-party claim, suit, action or proceeding.
ACKNOWLEDGEMENT – Both the Participant and I acknowledge the Participant’s obligation to inform the nearest employee of The Yard if the Participant feels any symptoms that concern him or her during or immediately after participation in the Activities and I have advised the Participant of such obligation. The Participant and I understand that the Participant may stop participating at any time, and has the right to immediately withdraw from any Activity that is beyond the Participant’s ability, makes him or her uncomfortable or which he or she believe may harm him or her.
IMPAIRMENT – Both the Participant and I acknowledge and agree that the Participant 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, the Participant 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 the Participant and I and our respective 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 the Participant and I hereby consent to the exclusive jurisdiction of such courts.
THE PARTICIPANT AND I CONFIRM THAT WE HAVE HAD SUFFICIENT TIME TO READ AND UNDERSTAND EACH TERM IN THIS AGREEMENT IN ITS ENTIRETY. THE PARTICIPANT AND I ACKNOWLEDGE THAT WE HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT WE ARE VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS (ON OUR OWN BEHALVES, ON BEHALF OF THE PARTICIPANT (IN THE PARENT / GUARDIAN’S CASE) AND ON BEHALF OF OUR RESPECTIVE HEIRS, EXECUTORS, ADMINISTRATORS AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE THE YARD AND THE RELEASEES.
Today's Date: September 20, 2020