WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19 ASSUMPTION OF RISK/WAIVER OF LIABILITY/INDEMNIFICATION AGREEMENT
In addition to the forgoing, please read this document (the “Waiver”) carefully, as it affects your future legal rights. Please provide your initials on each page after reading.
As a result of the on-going COVID-19 pandemic, there may be risks pertaining to COVID-19 which apply to you and those for whom you are responsible. By signing below, you (on behalf of yourself and your minor child/ward and any personal representatives, assigns, heirs and next of kin) acknowledge, agree and represent that you have carefully read and fully understood the Waiver and agreed to its terms. Each individual applying to attend or use the City Facility below must complete and sign the Waiver. A parent/guardian of a minor Attendee must complete and sign the Waiver on behalf of the minor Attendee. This Waiver must be carefully read and signed in consideration of the opportunity of being a willing Attendee permitted to attend or use the City Facility. As used herein, the term “Releasees” is defined to include the following: City of Toronto and Ted Reeve Community Arena and each their respective councillors, officials, officers, directors, employees, consultants, agents, successors, contractors, employees and assigns, and a reference to the Releasees shall mean any one of them.
Nothing in this Waiver shall be read to restrict, modify or otherwise affect any other release of liability, waiver of claims or indemnity agreed to by the Attendee to attend or use the City Facility.
CITY OF TORONTO (CITY)
TED REEVE COMMUNITY ARENA
In consideration of the acceptance of this application and the Attendee being allowed to use or attend at the City Facility known as Ted Reeve Community Arena, (hereinafter referred to as the “Activities”) the undersigned acknowledges, appreciates and agrees as follows:
I expressly acknowledge and agree that my attendance at the City Facility and participation in the Activities may involve the risk of serious injury and/or death and/or property damage. Participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19.
I am fully aware of the risks and hazards inherent in my attendance at the City Facility and participation in the Activities and I voluntarily, knowingly and freely assume all risks associated with participating in the Activities at the City Facility, regardless of severity, including but not limited to my own actions or inactions (or the actions or inactions of my minor child/ward), the actions or inactions of others (including but not limited to the RELEASEES), falls, injuries, illnesses, infectious diseases including but not limited to COVID-19, death, and navigating any and all obstacles and any defects of the City Facility.
I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE OF THE RELEASEES or others, and assume full responsibility for my participation.
I, for myself and on behalf of my heirs, assigns, personal representatives, next of kin, and those for whom I am responsible at law, HEREBY RELEASE, INDEMNIFY AND HOLD HARMLESS THE RELEASEES WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
I have read this document in its entirety and fully understand its terms. I understand that I am giving up substantial legal rights by signing below, including the right to sue the Releasees. I acknowledge that I am signing this agreement freely and voluntarily and intend my signature to be a waiver and complete and unconditional release of all liability due to the negligence or breach of any statutory or other duty of care of the Releasees or, the inherent risks of participating in the Activities.
FOR PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT THE TIME OF SIGNING, IF APPLICABLE):
I, as parent/guardian, with legal responsibility for this Attendee, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation and their personal responsibilities for adhering to the rules and regulations for protection against communicable diseases including but not limited to COVID-19. Furthermore, my child/ward understands and accepts these risks and responsibilities. I for myself, my spouse, and child/ward do consent and agree to the Attendee's release provided above for all the RELEASEES and myself, my spouse, and child/ward do release and agree to indemnify and hold harmless the RELEASEES for all liabilities incident to my minor child’s/ward’s presence or participation in the Activities, EVEN IF ARISING FROM THE RELEASEES' NEGLIGENCE, to the extent provided by law. I HAVE LEGAL AUTHORITY TO ENTER THIS AGREEMENT ON BEHALF OF THE MINOR.
DATE OF SIGNING: January 19, 2021
Pursuant to Ontario’s Electronic Commerce Act, 2000, this Waiver may be executed electronically and in several counterparts via facsimile or electronic signature or original signature, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute but one and the same document.
The personal information collected in accordance with this form is collected under the authority of the City of Toronto Act, 2006, ss. 8, 74 & 136, and the City of Toronto Municipal Code Chapter 441, Fees and Charges and Chapter 608, Parks. The information is used to process your application for program participation; the registration of individuals in programs; payment of fees; collection of outstanding fee amounts; aggregate statistical reporting, contacting clients regarding upcoming programs, and, additional mailings, including newsletters/surveys.
Questions about this collection can be directed to: Facility Manager, Ted Reeve Community Arena, 175 Main Street, Toronto, ON, M4E 2W2, or telephone: 416-694-6893 or e-mail firstname.lastname@example.org