Event: Nitehawk – Chilly Willy Winter Run February 11th, 2023
TO: Grande Prairie Ski Club operating as NItehawk Year-Round Adventure Park, their respective directors, officers, shareholders, employees,agents, independent contractors, subcontractors, representatives, successors and assigns, and all Event organizers, officials, workers, volunteers, participants, sponsors, promoters and advertisers (all of whom are hereinafter collectively referred to as “THE RELEASEES”).
DEFINITIONS: In this Agreement, the term “Event” shall refer to the “Chilly Willy Winter Run” at Muskoseepi Park and includes, but is not limited to: cross country running, trail hiking, hill climbing, training sessions, demonstrations, races, events; competitions; and all activities and services in any way connected with or related to the Chilly Willy Winter Run.
In this Agreement:
(a) the term "Special Events Sponsor" shall include any individual, corporation, association, institution, or organization that is associated with a Special Event as an organizer, promoter, sponsor or advertiser;
(b) the term "Special Events" shall include any activity which is organized, conducted or sponsored by the Releasees and shall include, but is not limited to, races, competitions, demonstrations and other such events or activities;
NOTICE TO PARTICIPANTS: EVENT RULES
The organizers of the Event publish Rules relating to the Event. All participants are expected to read and abide by these Rules. Copies of the Rules will be available on registration.
ACKNOWLEDGEMENT – SAFETY: I acknowledge that I am responsible to ensure that I am in and good physical condition during my participation in the Event.
ASSUMPTION OF RISKS: I know that participating in physical fitness events is a potentially hazardous activity. I agree not to participate unless I am medically able and properly prepared. I should not participate without my physician’s approval. I agree to abide by any decision of an event official concerning my ability to safely participate. I assume any and all risks associated with the event; including but not limited to, falls, contact with other persons or objects, the effects of weather, traffic and course conditions. As a condition of my entering this event, I, for myself, any accompanying minors, and anyone entitled to act on my behalf, waive and release Nitehawk Year-Round Adventure Park., any associated or related entities, their directors, officers, employees, agents, representatives, sponsors, volunteers, and organizers (herein collectively called “Event Organizers”), from present and future claims and all liabilities of any kind, known or unknown, arising out of my participation in this event or related activities, even though such claim or liability may arise out of negligence or fault on the part of the Event Organizers. I agree that the Event Organizers shall not be liable for any personal injury, death or property loss, and I release the Event Organizers and waive all claims with respect thereto. In the event my registration fees are paid, I agree to be bound by the provisions of this waiver. I grant permission to Event Organizers to use or authorize others to use any photographs, motion pictures, or any other record of my participation in this event or related activities without remuneration. Applications for minors shall be accepted only with a parent’s signature and should be signed by the minor. I have read this Waiver. I understand and accept its terms.
I AM AWARE THATONE OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATION IN THE EVENT IS NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE EVENT, SOME OF WHICH ARE REFERRED TO ABOVE. I acknowledge that the risks, dangersand hazards are increased during the Event, due to the competitive nature of the activity and the fact that there will be many otherparticipants on the course. I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury,death, property damage or loss resulting there from.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees accepting my application to participate in Special Events and permitting my use of their ski lifts, bike runs, trails, race courses and other facilities (hereinafter the "Nitehawk Recreation facilities"), I hereby agree as follows:
1. 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 my use of or my presence on the Nitehawk Recreation facilities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF THE RELEASEES, AND INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH SPECIAL EVENTS REFERRED TO ABOVE;
1. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property of, or personal injury to, any third party resulting from my use of or presence on the Nitehawk Recreation facilities;
2. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
3. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Alberta and no other jurisdiction; and
4. Any litigation involving the parties to this Agreement shall be brought solely within the Province of Alberta and shall be within the exclusive jurisdiction of the Courts of the Province of Alberta
In entering into this Agreement, I am not relying upon any oral or written representations or statements made by the Releasees other than what is set forth in this Agreement.
It is understood and agreed that this Agreement shall not apply in respect of injuries resulting from mechanical breakdown or failure of ski lifts, tows, or any related equipment.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
January 28, 2023