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RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF

RISK AND INDEMNITY AGREEMENT.

 

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, facility based and off premise in Calgary Communities

including those mentioned in the Program Guide, on the Vivo Website, and any/all related

advertised and unadvertised activities, including all participation in online program and services,

facility based and off premise activities including aquatics, fitness, climbing, Play Hubs,

intramural, sport services and events, practice sessions or social activities and any and all other

activities not specifically named (all of which are hereinafter collectively referred to as the

“Programs”).

DISCLAIMER

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; 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 Programs 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 a Program, 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 a Program.

Covid-19 – Assumption of Risk and Compliance Declaration

Vivo has implemented procedures to make the facility and Programs 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, in the community 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 a Program 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, in the community 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 a Program;

b) from any and all claims, demands, actions and costs which might arise out of my

participating in a Program, 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.

ACKNOWLEDGEMENT

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.

Please select who will be participating...
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First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Information

Member ID - If Applicable
First Participant's Signature*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email
Check to receive information, news, and discounts by e-mail.
A signed copy of this waiver will be sent to the email address you provide.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Information

Member ID - If Applicable
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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