ASSUMPTION OF RISK, INDEMNITY, AND WAIVER
1. ACKNOWLEDGMENT OF INHERENT RISK
I understand that participation in skating, figure skating, cross country skiing, snowshoeing, and any other sporting or winter activities (the “Winter Activity”) participated in at Cattail Crossing Golf and Winter Club at 24427 Township Rd 542, Sturgeon County, AB T8T 1L4 (the “Premises”) is voluntary, and involves inherent risk during participation, including the risk of possible accidents, physical injury, or exposure to the COVID-19 virus or other infections or infectious diseases as a result of participating the Winter Activity on the Premises. I freely accept and fully assume all such risks, dangers and hazards, including but not limited to personal injury (whether from imperfect ice or trail conditions or otherwise), disease transmission, death, property damage or loss, resulting from my participation. I have carefully considered the risks involved, and I have full confidence that reasonable precautions will be taken to ensure the safety and well-being of myself.
I do for myself, as well as any child(ren) of mine who is participating in the Winter Activity, and my respective heirs, executors, administrators, successors and assigns, hereby waive, release, and forever discharge Cattail Crossing Ltd., its directors, officers, shareholders, partners, agents, employees, representatives, successors and assigns (the “Representatives”) of and from any actions, causes of action, complaints, demands and claims or any recourse whatsoever that I or my child(ren), as applicable, have or may have in the future in any way connected with my participation in the Winter Activity contemplated herein, whether in law or in equity, in respect of personal injury, illness or disease transmission, loss of life, or property damage of any kind or nature, and I do hereby discharge the Representatives from any such liability.
I agree to fully indemnify and defend Cattail Crossing Ltd. and any of its Representatives, including all related costs and expenses, of and from all manners of action, causes of action, proceedings, claims, demands, loss, costs, damages, or expenses whatsoever (including without limiting the generality of the foregoing, direct losses, costs, damages and expenses including costs as between a solicitor and his own client) which may be brought or made against Cattail Crossing Ltd. and any of its Representatives or which any of them may sustain, suffer, pay, incur, or be liable for resulting from, arising from, or in any way related to my or my child(ren)’s participation in the Winter Activity and attendance on the Premises. I also agree and undertake not to make any claim or take any proceedings against the Representatives set out above, whether on my own behalf or on the behalf of my child(ren), as applicable, or any other person or corporation which might claim contribution or indemnity under the provisions of any statute or otherwise from the Representatives set out above.
The provisions of this Assumption of Risk, Indemnity and Waiver 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.
I am aware of the nature and effect of this Assumption of Risk, Indemnity and Waiver and I fully understand all of the terms and conditions above. I understand that I have given up substantial rights by signing this Assumption of Risk, Indemnity and Waiver and I am signing it freely and voluntarily without inducement and have had the opportunity to seek independent legal advice with respect to this Assumption of Risk, Indemnity and Waiver.
This Assumption of Risk, Indemnity and Waiver may be executed and delivered by electronic means, including by facsimile, portable document format (“PDF”) or other electronic means, and such electronically executed version shall be deemed to be an original.
February 25, 2024