PLEASE READ CAREFULLY
I (or my child) are a participant in activities at South Fish Creek Recreation Association, operating as Cardel Rec South, located at #100, 333 Shawville Blvd SE, Calgary, Alberta, including all indoor and outdoor areas, arenas, meeting rooms, gymnasium, parking, all other facilities at Cardel Rec South (the “Facilities”).
ACKNOWLEDGMENT OF INHERENT RISK and AGREEMENT
I am aware that COVID-19 is highly contagious,even without a carrier showing symptoms. Canadian public health authorities have strongly recommended that everyone (especially individuals at high risk or in contact with individuals at high risk) avoid visiting certain businesses, workplaces and/or outdoor locations and participating in activities with a large number of people. Those authorities also strongly advocate that everyone take additional precautions including:
a) staying at home if the Participant or Child are sick;
b) engaging in physical distancing at all times of at least 2 metres or 6 feet;
c) avoiding all physical contact with other individuals;
d) washing my hands with soap and water thoroughly and often;
e) not touching my face with unwashed hands;
f) wearing masks and other required personal protective equipment (PPE); and g) regularly cleaning frequently touched surfaces.
I understand that my Child’s participation in any Cardel Rec South program or my Child’s use of or attendance at Cardel Rec South will increase the risk of exposure to or contracting COVID-19, by the very nature of the activity, circumstances and environment, to particular, heightened and inherent risks, dangers and hazards. I am aware that being exposed to or contracting COVID-19 has many risks, dangers, and hazards, and include, without limitation: illness, respiratory illness, short and long term health complications, treatment risks, dangers, hazards, or complications, death, personal injury, increased risk to one’s health due to an underlying medical condition, whether known or unknown, isolation or quarantine requirements, transmission to others, loss of income, and medical expenses (collectively the “Risks”).
I hereby undertake and agree that both myself and my Child will always act prudently and responsibly, including taking all the above noted precautions and any further precautions as directed by Cardel Rec South, including daily health screening – all in order to avoid the Risks and ensure the health, well-being and safety of others, myself and my Child.
VOLUNTARY ASSUMPTION OF RISKS
Having acknowledged and agreed to the above, both myself and/or my Child still wish to attend at the Facilities and participate in the activities at the Facilities. I also understand and accept the possibility that the Facilities may, at any time, not be properly or fully cleaned, sterilized or otherwise maintained. I am aware that there will be other children and Cardel Rec South staff present at my Child’s program and other programs at Cardel Rec South and that my Child will come into contact with other children or persons and will be sharing washrooms and other spaces. I acknowledge that social or physical distancing cannot be guaranteed. In doing so, I voluntarily and freely accept and fully assume the Risks associated with my and my Child’s attendance at the Facilities and with my and my Child’s participation in the activities at Cardel Rec South.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH COVID-19 AND I FREELY ACCEPT AND FULLY ASSUME, ON BEHALF OF MYSELF AND ON BEHALF OF MY CHILD, ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, OR LOSS RESULTING THEREFROM.
RELEASE WAIVER OF LIABILITY
In consideration of Cardel Rec South allowing my Child’s participation in a Cardel Rec South program or a program held at Cardel Rec South and permitting my or my Child’s use of the Facilities I hereby agree, on my own behalf and on behalf of my Child, and any other party who may claim on my behalf, to the full extent permitted by law, not to commence or participate in any legal proceedings against Cardel Rec South, or its directors, shareholders, officers, employees, instructors, guides, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors and assigns (the “Releasees”) arising from or in any way related to my or my Child’s attendance at the Facilities and/or my or my Child’s participation in any program offered at Cardel Rec South.
Specifically, I hereby waive any claim that I or my Child have or may in the future have against the Releasees and to release the Releasees from any and all liability for any loss, damage, expense or injury, including death, that I or my Child may suffer, or that my or their next of kin may suffer, as a result of COVID-19, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACT, RSA 2000, c O-4, ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME OR MY CHILD FROM OR WARN ME OR MY CHILD OF THE RISKS, DANGERS AND HAZARDS OF COVID-19.
I also, for myself, my Child, our respective heirs, executors, administrators, successors and assigns, hereby waive any right against, fully release, and forever discharge the Releasees to the full extent permitted by law, from or relating to any and all losses, liabilities, damages, costs and expenses (including medical costs and expenses), demands, legal actions and claims, whether direct or indirect, or any related recourse whatsoever that I, or my Child, have or may have in the future in any way arising from, or in any way related to the Risks, my or my Child’s attendance at the Facilities or my Child’s participation in any programs offered at the Facilities.
All claims outlined in this section will be collectively referred to as the “Claims”.
Also in consideration of Cardel Rec South allowing my Child’s participation in a Cardel Rec South program or a program held at Cardel Rec South and permitting my or my Child’s use of the Facilities as well as other valid consideration, I agree to fully indemnify and defend the Releasees from and against any and all Claims brought against the Releasees, which the Releasees may receive, sustain, suffer, incur, or be liable for, arising from, or in any way related to, my or my Child’s actions or omissions including, but not limited to my or my Child’s attendance at the Facilities or my Child’s participation in a Cardel Rec South program. Both myself and my Child agree and undertake not tot make any claim or take any proceedings against any other person or corporation which might claim contribution or indemnity under the provisions of any statute or otherwise from the Releasees.
1. The provisions of this Assumption of Risk, Waiver and Indemnity Agreement shall be deemed severable and if any provision or portion thereof is held invalid, illegal or unenforceable for any reason, the remainder shall not thereby be invalidated, but shall remain in full force and effect.
2. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreements governed by and interpreted solely in accordance with the laws of Alberta and no other jurisdiction; and
3. Any litigation involving the parties to this Release Agreement shall be brought solely within Alberta and shall be within the exclusive jurisdiction of the Courts of Alberta.
In entering into this Release Agreement, I am not relying upon any oral or written representations or statements made by the Releasees with respect to COVID-19, other than what is set forth in this Release Agreement.
I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND AM AWARE THAT, BY SIGNING THIS RELEASE AGREEMENT, I AM WAIVING, ON BEHALF OF MYSELF AND ON BEHALF OF MY CHILD, CERTAIN LEGAL RIGHTS THAT I OR MY CHILD OR ANY OF OUR HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES. NEVERTHELESS, I AM SIGNING IT FREELY AND VOLUNTARILY WITHOUT INDUCEMENT OR DURESS.
Today's Date: November 25, 2020