COVID‐19 CONSENT & DECLARATION
ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS & INDEMNITY AGREEMENT
PLEASE READ CAREFULLY!
THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS TO SUE OR CLAIM COMPENSATION
You (referred to as, the "Participant") must review and sign this Consent & Declaration before using or participating in any indoor or outdoor activity at the Repsol Sport Centre (the "Facility"). By accessing the Facility, you agree as follows.
- COVID‐19 RISK.I AM FULLY AWARE THAT THE 2019 NOVEL CORONAVIRUS ( "COVID‐19") IS A HIGHLY INFECTIOUS DISEASE THAT CAN RESULT IN SERIOUS MEDICAL CONDITIONS CAUSING ILLNESS THAT MAY REQUIRE HOSPITALIZATION AND COULD RESULT IN DEATH EITHER TO MYSELF, MY FAMILY OR OTHERS. I am also fully aware that by accessing the Facility, I voluntarily assume the risks of exposure to and contracting COVID‐19 notwithstanding the safety precautions and infection control measures that the Facility has put in place to protect its employees, volunteers, contractors, users and their families.
- PARTICIPANT RESPONSIBILITES. I am familiar with governmental orders, directives, and guidelines related to COVID‐19. I agree that I am personally responsible for my safety and actions at all times in the Facility, will comply with all such orders, directives, and guidelines , including social distancing, hygiene, [use of personal protective equipment] and other policies, procedures, staff instructions and signage relating to COVID‐19 required by the Facility.
- RELEASE. WITH FULL AWARENESS AND UNDERSTANDING OF THE RISKS INVOLVED IN ATTENDING THE FACILITY, I, FOR MYSELF AND ON BEHALF OF MY CHILDREN, SPOUSE, ESTATE, HEIRS, EXECUTORS, ADMINISTRATORS, ASSIGNS AND PERSONAL REPRESENTATIVES (COLLECTIVELY, THE "PARTICIPANT PARTIES"), HEREBY FOREVER RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE [THE CITY OF CALGARY,] THE LINDSAY PARK SPORTS SOCIETY, ITS GOVERNORS, OFFICERS, AGENTS, CONTRACTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION WHATSOEVER, DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, SICKNESS OR INJURY, INCLUDING DEATH, THAT MAY BE SUSTAINED BY PARTICIPANT OR THE PARTICIPANT PARTIES RELATED TO COVID‐19, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES, ANY OTHER PERSON USING THE FACILITY, OR IN ANY WAY CAUSED BY OR RELATED TO PARTICIPANT'S USE OF THE FACILITY.
- INDEMNITY. I AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL COSTS, EXPENSES, DAMAGES, CLAIMS, ACTIONS, LAWSUITS, JUDGMENTS, LOSSES AND/OR LIABILITIES (INCLUDING LEGAL FEES AND INTEREST), THE COST OF ENFORCING ANY RIGHT TO INDEMNIFICATION OF THIS CONSENT & DECLARATION, AND THE COST OF PURSUING ANY INSURANCE PROVIDER(S), ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO ANY AND ALL CLAIMS AGAINST ANY OF THE RELEASED PARTIES DUE TO, WITHOUT LIMITATION, SICKNESS, ILLNESS, DEATH, LOSS OF USE, MONETARY LOSS OR ANY OTHER BODILY OR FINANCIAL INJURY TO THE PARTICIPANT OR PARTICIPANT PARTIES FROM OR RELATED TO PARTICIPANT'S USE OF THE FACILITY.
- PARTICIPANT DECLARATION. Participant hereby declares that access to and use of the Facility is conditional upon the following declarations:
(a) neither I nor any member of my household has experienced any cold or flu‐like symptoms within the previous 14 days (including one or more of fever, cough, sore throat, runny nose, headache, onset fatigue, new or onset muscle or joint pain, respiratory illness, difficulty breathing, nausea, vomiting, diarrhea or unexplained loss of appetite, or loss of taste or smell (collectively, "Indicative Symptoms"));
(b) if I or anyone in my household experience any Indicative Symptoms, then I will not attend the Facility for a period of 14 days after Indicative Symptom(s) have completely disappeared; and
(c) neither I nor any member of my household have travelled to or had a lay‐over in any country outside Canada in the past 14 days, or had close contact within the last 14 days with an individual that has had a confirmed case of COVID‐19 or who has exhibited Indicative Symptoms; and
(d) if I or anyone in my household travel to any country outside Canada after submitting this Consent & Declaration, then I will not attend the Facility for a minimum period of 14 days after returning, regardless of whether I or anyone in my household experience Indicative Symptoms.
- ACKNOWLEDGEMENTS. By signing below, the Participant acknowledges and represents that he/she:
(a) is sufficiently informed about the risks associated with COVID‐19 to make a voluntary decision about whether to sign this Consent & Declaration;
(b) is at least eighteen (18) years of age and fully competent;
(c) executes this Consent & Declaration for adequate consideration fully intending to be legally bound by the same; and
(d) understands that this Consent & Declaration is in addition to any Consent, Participation Form, Membership Agreement, Release of Liability, Waiver of Claims, Assumption of Risk, Indemnity or other agreement with respect to bodily harm or personal injury in or around the Facility.
- NEGLIGENCE INCLUDED. I understand and agree that this Consent & Declaration includes any claims based on the actions, omissions or negligence of the Lindsay Park Sports Society, its governors, officers, agents, contractors, employees, successors and assigns, whether a COVID‐19 infection occurs in the Facility or before, during or after the Participant's use of the Facility.
- APPLICABLE LAW. This Consent & Declaration is governed by and shall be construed in accordance with Alberta law. If any of the term or provision of this Consent & Declaration is determined to be invalid, illegal or unenforceable, such determination shall not affect any other term or provision hereof. Any invalid, illegal or unenforceable provision(s) shall be deemed modified or severed to the extent required to enforce this Consent & Declaration to the fullest extent permitted by applicable law.
- VOLUNTARY RELEASE. I HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS DOCUMENT. I ACKNOWLEDGE THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES. I UNDERSTAND I WILL NOT BE PERMITTED TO ATTEND OR USE THE FACILITY IF I DO NOT COMPLY WITH THE SAFETY PROTOCOLS OF THE FACILITY
Date: October 30, 2020