WARNING- BY SIGNING ‘I AGREE’, YOU ACCEPT LEGAL OBLIGATIONS AND GIVE UP
IMPORTANT LEGAL RIGHTS INCLUDING THE RIGHT TO SUE. PLEASE READ CAREFULLY.
TERMS AND CONDITIONS
This Release Agreement applies to the use of the facility, premises and equipment and participation in all activities, online programs & services, programs, services or events mentioned in the Program Guide, or the Vivo Website, or any/all related advertising, including all participation in online program and services, activity classes, aquatics, fitness programs, intramural programs, sport clubs, Vivo Play Hub, sporting events, practice sessions or social activities and all other related activities (all of which are hereinafter collectively referred to as the “Programs”).
I acknowledge that Vivo for Healthier Generations Society (including its Board of Directors, employees, and volunteers) and the City of Calgary (all hereafter collectively referred to as “Vivo”), are not responsible for any injury, loss or damage of any kind sustained by any person while registered and/or participating in any and all Programs or online programs & services; including injury, loss or damage which might be caused by the negligence of Vivo. This indemnity shall survive the expiration of termination of any agreement for services, programming, and online services that I may have entered into with Vivo. The release itself does not terminate or expire.
ASSUMPTION OF RISKS
In consideration of participation in any and all Programs and online programs & services, I acknowledge that I am aware of, and freely accept all risks, dangers and hazards associated with being a participant in online or facility-based Programs, including the risk of severe or fatal injury to myself or others. These risks include, but are not limited to:
a) all manner of injuries resulting in muscular and soft tissue damage including bruises, scrapes and cuts, that arise from executing strenuous and demanding physical techniques, contact with other participants and failure in proper use of equipment either by myself and/or other participants;
b) all manner of injuries resulting in sprains, dislocations, concussions, broken bones, heart attack, stroke, spinal injury and/or tendonitis;
c) all manner of head, facial, eye and/or dental injuries;
d) all manner of medical problems resulting from heat exhaustion, dehydration, asthma, communicable diseases, skin rashes, cramps, chemical poisoning, and/or lack of fitness or conditioning as well as any medical problem or injury resulting from exposure to weather conditions, allergens, noxious gases, electrocution, or drowning;
e) risks that are associated with increased fatigue due to participation;
f) risks that are associated with Covid-19 (see below);
g) all manner of injures and/or death that could result from a physical confrontation whether caused by myself or someone else including actions by anyone on the premises;
h) all manner of injuries and/or death that may result from collision with other participants whether in water, on foot, on bikes, on a climbing wall or within motor vehicles and/or buses;
i) all manner of injuries and/or death that may result from any equipment deployed in the Programs including, without limitation, loss or injury arising from the use, misuse, malfunction or breakdown of any equipment;
j) negligence on the part of Vivo, including the failure by Vivo to safeguard or protect me from the risks referred to above or any other risk arising from online or facility-based Programs.
Covid-19 – Assumption of Risk and Compliance Declaration
Vivo has implemented procedures to make the facility as safe as possible and I agree to comply with all required measures and practices. Any refusal to comply will result in my removal from the facility.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY
In consideration of Vivo allowing me to participate in online or facility-based Programs, I agree:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against Vivo arising out of any aspect of my participation in online or facility-based Programs and TO RELEASE VIVO from any and all liability resulting from any loss, damage, expense or injury including death that I may suffer or that my next of kin may suffer during my participation in online or facility-based Programs, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, AS WELL AS ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT (ALBERTA), ON THE PART OF VIVO;
2. TO HOLD HARMLESS AND INDEMNIFY VIVO:
a) from any and all liability for any damage to the personal property of, or personal injury to, any third party resulting from my participation in online or facility-based Programs;
b) from any and all claims, demands, actions and costs which might arise out of my participating in online or facility-based Programs, even though such claims, demands, actions and costs may have been caused by the negligence of Vivo.
This Release Agreement shall be governed and interpreted in accordance with the laws of the Province of Alberta.
Protection of Privacy - The personal information requested on this form is collected under the authority of Section 33(c) of the Alberta Freedom of Information and Protection of Privacy Act and will be protected under Part 2 of that Act. It will be used for the purpose of implementing this waiver. Direct any questions about this collection to: Director Finance & Administration, 403 532 1013.
I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT before signing it, that I have executed this Release Agreement voluntarily on my own behalf or as a parent / legal guardian, and that this Release Agreement is to be binding upon myself, my heirs, executors, administrators and representatives.
Signed this day: July 4, 2020