15983835 Canada Inc O/A Infinite Sports
Assumption Of Risks
Release of liability, waiver of claims and indemnity agreement
DECLARATIONS:
BY SIGNING THIS AGREEMENT I am giving up my rights and the rights of my participating party, spouse and, or child(ren) to sue 15983835 Canada Inc O/A Infinite Sports (releasees)for any injury, including paralysis, or death, caused in whole or in part by the negligence or fault of 15983835 Canada Inc O/A Infinite Sports, including any of its owners, affiliates, agents, employees and equipment suppliers, individual or private contractors and/or representatives.
ASSUMPTION OF RISKS
I am aware that participation in all sports activities involves many risks, dangers, and hazards. The risk, dangers and hazards, including but not limited to : loss of balance; difficulty or inability to control one's speed and direction; impact or collision with other participants or equipment; failure of equipment; variation or changes in the playing surface including steepness, rocks, gravel and other natural objects; changing weather conditions; exposure to temperature extremes or inclement weather; the impact of weather related changes to sports surfaces/floors; condensation developing from walls and ceiling; failing to play safely or within ones own abilities. negligence of other participants; and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RISKS RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS,AND HAZARDS OF SPORT.
I AM AWARE OF THE RIKS, DANGERS AND HAZARDS ASSOCIATED WITH PARTICIPATING IN, SPECTACTING AT, OR OTHERWISE ATTENDING SPORTS/ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PARALYSIS, PROPERTY DAMAGE, LOSS OR THEFT RESULTING THEREFORM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND IDEMNITY AGREEMENT
In consideration of the RELEASEES agreeing to my participation or that of any minor child(ren) in any sport, by entering the Infinite Sports premise, and permitting the use of their services, equipment, and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may have, and those of my participants, my spouse and/or child(ren) have or may have in the future, against the RELEASEES ANDTO 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 participation in SPORT or my use of the equipment, spectating or otherwise attending theInfinite Sports facilities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWNED UNDER THE OCCUPIERS LIABILITY ACT, ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, AND HAZARDS OF PARTICIPATING IN SPORT REFERRED TO ABOVE; OR DUE TO NEGLIGENCE , BREACH OF CONTRACT, OR BREACH OF WARRANTY ON THE PART OF THE RELEASEES IN RESPECT OF THE DESIGN, MANUFACTURE, SELECTION, INSTALLATION, MAINTENANCE,INSPECTION, SERVICE OR REPAIR OF THE EQUIPMENT, or in respect of the provision of the failure to provide any warnings, directions, instructions or guidance as to the use of the equipment.
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss or personal injury to any third part resulting from my participation in SPORTS/ACTIVITIES or use of the Equipment;
3. The Release 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;
4. The 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 of Ontario and no other jurisdiction; and
5. Any litigation involving the parties to this Release Agreement shall be brought solely within the province of Ontario and shall be within the exclusive jurisdiction of the Courts of that province.
6. Image Release Agreement: In consideration of participation in the Infinite Sports programs the undersigned agrees that your likeness, or the likeness of your child may be photographed or videotaped and that such image may be published in an outlet used to promote or publicize the sports program
In entering into this Release Agreement, I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participation in SPORT, other than what is set forth in this Release Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES, PARTICIPANTS MAY HAVE AGAINST THE RELEASEES.
