In consideration of Exile Productions, (2664762 Ontario Inc.). operating as Underworld LARP Mournfall (the “Company”) permitting the individual named below (“I” or “me”) to participate in the Underworld LARP (live action role play) event, including being engaged in vigorous and strenuous outdoor activity (including in forested and other uneven or potentially hazardous areas) which may involve mock combat (collectively, the “Activities”), and for other good and valuable consideration, I agree to all the terms and conditions set forth in this agreement (this “Agreement”). ASSUMPTION OF RISKS I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES INVOLVE MANY RISKS, DANGERS, AND HAZARDS, INCLUDING BUT NOT LIMITED TO THE RISK OF SERIOUS INJURY, DEATH, OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS, AND HAZARDS INVOLVED AND THE POSSIBILITY OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY, THE ACTIVITIES PARTICIPANTS, OR OTHERWISE. In particular, I am aware that my participation in the Activities involves a variety of tasks and activities that may result in injury, illness, death, or property damage, including (but not limited to): close proximity to other participants which may result in the contraction of the COVID-19 virus, its variants, or any other disease or illness; hiking and traversing rough and uneven terrain; rapidly changing weather that may result in dangerous conditions and slippery or uneven surfaces; equipment and apparel failures; improperly used, fastened, or adjusted equipment; over-exertion; slips and falls; emotionally and mentally intense and upsetting situations; impact or collision with natural or artificial hazards or other participants or individuals; and accidental, negligent, or intentional violence on the part of other Activities participants. I hereby expressly waive and release any and all claims which I have or may in the future have against the Company, its affiliates, and their respective owners, directors, officers, employees, agents, representatives, shareholders, successors, volunteers (including those actively participating in the Activities, such as nonplayable characters (NPCs) and shapers), and assigns (collectively, “Releasees”), on account of injury, illness, death, or property damage arising out of or attributable to the Activities, due to any cause whatsoever, including without limitation the negligence of the Company or any other Releasee, the negligence or intentional conduct of any other participant in the Activities, breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. I SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ALL OTHER RELEASEES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE LEGAL FEES, IN CONNECTION WITH ANY THIRDPARTY CLAIM, SUIT, ACTION, OR PROCEEDING ARISING OUT OF OR RESULTING FROM THE ACTIVITIES. This Agreement constitutes the entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall enure to the benefit of me and my heirs and next-of-kin, and the Company and its successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of the Province of Ontario, and I hereby consent to the exclusive jurisdiction of such courts. I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS, AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE THE COMPANY AND THE RELEASEES. IN SIGNING THIS AGREEMENT, I WARRANT AND REPRESENT THAT I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AS OF THE DATE INDICATED BELOW. |