By signing this Agreement you will release and waiver certain legal
rights, including the right to sue or claim compensation.
PLEASE READ THIS AGREEMENT CAREFULLY
Activity Name and Location (the “Activity”), including all ancillary or related activities before, after, or during it)
Date of Activity: January 28, 2020
IN CONSIDERATION of Varsity Spirit Canada Inc. and any of its affiliated organizations or partners (collectively, “Varsity”) permitting participation in the Activity, I irrevocably agree (for or on behalf of the Participant and the Participant’s kin, heirs, executors, administrators, assigns and successors) as follows:
1. I am aware that there is risk of injury or loss in connection with the Activity, which is serious and considerable, including serious personal injury, death and property damage and, furthermore, while protective equipment and personal discipline may reduce these risks, these risks still do exist and are considerable. I represent and warrant that I am not aware of any medical, physical, or psychological circumstances of the Participant that would add risk to Activity participation.
2. I freely accept and voluntarily agree to assume all risks of personal injury, death and property damage or loss connected with the Activity howsoever arising, including: (a) conditions on or about the lands and premises, the operation or specifications of the equipment, transportation and any other operations associated with the Activity, (b) actions, omissions or negligence (including failure to use reasonably prudent and careful care, and failure to protect the Participant from risks, dangers and hazards inherent in the Activity) of Varsity and its subsidiaries, affiliates, directors, officers, coaches, volunteers, employees, agents, insurers and other representatives (“Varsity Personnel”), the owners and lessors of the lands/premises used for the Activity, all of their respective affiliates, successors and assigns (together with Varsity Personnel, the “Releasees”), and (c) any breach of contract, breach of statutory duty or other breach of duty of care, including any duty of care imposed by law, by equity, or under the Occupiers’ Liability Act, R.S.O. 1990, c. O-2 or substantially similar provincial or federal legislation, on the part of all or any of the Releasees.
3. I understand and acknowledge that the activities and equipment in connection with the Activity are physically and mentally intense. I warrant that the Participant is sufficiently fit and trained for the Activity, and that I am not aware of any medical, physical, or psychological circumstances that would prevent the Participant’s participation in the Activity. I am voluntarily participating in the Activity.
4. I hereby waive, release and forever discharge the Releasees from and against any and all manner of liabilities, claims, demands, suits, damages (including direct, indirect, special, punitive, incidental and consequential damages), losses, interest, costs, expenses, debts, actions and causes of action of any kind, character or nature whatsoever, known or unknown, fixed or contingent, including those of loss, damage, injury or death howsoever arising, including as described in paragraph 2 (“Claims”) that I or the Participant have, may have, or have ever had resulting from or connected in any way with the Participant’s participation in the Activity or the Recordings, including, but not limited to, anything arising after the date of this document.
5. I assume full responsibility for (a) damage/destruction to property caused by the Participant, and (b) any Claims of myself, the Participant, or any third parties, in each case relating to the Participant’s participation in the Activity (including as described in paragraph 2) and I will fully defend, and hold harmless the Releasees and indemnify the Releasees for the full amount of any and all judgments, liabilities, payments, interest, costs, or other charges of whatever kind the Releasees or anyone or more of them incur as result of any such Claims.
6. I hereby authorize Varsity Personnel to administer medication and/or to call for medical care for the Participant or to transport the Participant to a medical facility or hospital if, in the opinion of the Varsity Personnel, medical attention is needed. I agree that this does not create a responsibility of the Releasees for the medical care of the Participant.
7. I will pay, and will indemnify the Releasees, for all costs associated with any medical care provided for the Participant.
8. I hereby give consent to the Varsity Personnel to disclose medical information pertaining to the Participant’s health and well-being necessary for the proper administration of the Activity, and to Varsity’s collection, use and disclosure of the Participant’s personal information in connection with the Activity and the business of the Releasees, including to hold the Activity and activities and events similar to it.
9. I consent and grant the Varsity Personnel the irrevocable right to photograph and record video and audio of the Participant during and at the Activity via any technological means, now known or hereinafter devised, including without limitation the Participant’s performance, musical performance, image, likeness, voice, sounds, and movements (the “Recordings”) and I hereby grant to the Varsity Personnel the exclusive, perpetual, irrevocable, royalty-free right to use, broadcast, distribute, publish or edit the Recordings (including without limitation, altering, modifying, or combining the Recordings with or into other works, or creating derivative works from the Recordings), as well as Participants name, likeness and biographical information, in an in connection with the production, commercialization, exhibition, broadcast, and promotion of: (A) the Activity, and (B) any other works to be used in connection with any other activity, product, event, promotion, or service of the Varsity Personnel, in all forms of media, worldwide, without further compensation to the Participant. I hereby irrevocably waive, in favour of the Varsity Personnel, any and all moral rights that I may possess and I waive any right to approve any aspect or element of the Recordings throughout the world, and agree that any Recordings of the Participant may be cut, modified, added to, or deleted in whole or in part for any purpose and may be used (or not used) in any way that the Varsity Personnel, in their absolute discretion, sees fit. I acknowledge that the Varsity Personnel are and will be the sole and exclusive owner of all copyright and other proprietary rights in and to the Recordings, and all works created by or on behalf of the Varsity Personnel that derive, in whole or in part, from the Recordings.
10. This Agreement contains the entire agreement among and between the parties hereto and the terms of this Agreement are contractual and not merely recitals.
11. This Agreement shall be construed in accordance with the laws of the Province where the Activity takes place and the federal laws of Canada applicable therein.
12. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, such provision is severed to the extent that it is invalid, unenforceable, or void and the remainder of this Agreement will remain in full force and effect.
13. The Parties confirm that it is their express wish that this Agreement be drawn up in the English language only. Les parties aux présentes confirment leur volonté expresse que cette convention soit rédigée en langue anglaise seulement.
14. I acknowledge and agree that (a) the word “including”, as used herein, is not limiting, and (b) I fully understand, and have been provided the opportunity to seek legal counsel in connection with this document, which includes, among other terms, a waiver of the rights of the Participant.
I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT, HAVE UNDERSTOOD ALL OF ITS IMPLICATIONS AND HAVE VOLUNTARILY GIVEN MY CONSENT BELOW. I ACKNOWLEDGE THAT NO ORAL, VISUAL, OR WRITTEN REPRESENTATIONS, STATEMENTS, OR INDUCEMENTS APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE OR OFFERED TO ME BY VARSITY SPIRIT CANADA INC.
Date: January 28, 2020