TO: The Fernie Chamber of Commerce
The Corporation of the City of Fernie:
and their affiliates, respective directors, officers, employees, associates, agents, representatives, volunteers, sponsors, successors, and assigns (hereinafter collectively referred to as the “Releasees”).
In this Agreement the term “Special Event” shall include all activities organized, conducted, promoted, or sponsored by the Releasees and shall include, but not limited to, parade, bed races, smoosh ski races, “Extreme Griz” Competition, Junior Griz in training, and other such events or activities.
ASSUMPTION OF RISK
I am aware that participating in Special Events involve many inherent risks, dangers and hazards including, but not limited to: skiing activities and lumber sports, including ax throwing and log cutting, bed races, smoosh ski races, all “Extreme Griz” activities, Junior Griz activities; bodily injury to any person injured while participating or spectating; impact or collisions with other parade participants and/or spectators; negligence of other parade participants and/or spectators; changing weather conditions; slips, trips and falls; and NEGLIGENCE 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 FROM WARN OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN SPECIAL EVENTS.
I am also aware that the risks, dangers, and hazards referred to above exist throughout and beyond the areas used for the Special Events and that many are unmarked. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
I warrant that I will maintain Commercial General Liability coverage for the duration of the Special Event if I am a: participating vendor, and/or exhibitor, or parade participant.
I warrant that if I have a vehicle in the parade, I will maintain Third Party Automobile Liability coverage of not less than $2,000,000 (two million dollars).
I acknowledge that the risks, dangers and hazards of competitions and races are increased due to the competitive nature of the activities and the fact that there will be other participants competing at the same time. I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property damage or loss resulting therefrom.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN SPECIAL EVENTS AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees allowing me to participate in Special Events as a competitor, participant, spectator, vendor, performers, entertainer, exhibitor, volunteer, event organizer, guest, or member of the media, and permitting my use of their services, equipment, and other facilities (hereinafter “the premises”), I hereby agree as follows:
- TO WAIVE ANY AND ALL CLAIMS that I 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 may suffer, or that my next of kin may suffer, as a result of or my presence on the premises or travel beyond the Special Events area DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OR CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE RESONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE;
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damages to the property of or personal injury to any third party resulting from my participation in Special Events, use of or presence on the premises or travel beyond the Special Events area;
- This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province where the Activities take place and no other jurisdiction; and
- Any litigation involving the parties to the Release Agreement shall be brought solely within the Province where the Activities take place and shall be within the exclusive jurisdiction of the Courts of that Province.
In entering this Release Agreement I am not relying on any oral or written representations of statements made by the Releasees with respect to the safety of participating in Special Events, other than what is set forth in the Release Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS THAT I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
I consent to the publication and distribution of photographs or videos of me by the Releasees during my participation in Special Events for promotional and marketing purposes and I agree not to claim any compensation for use, publication or distribution of the photographs and videos.
Date: February 27, 2024