RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
(THE “AGREEMENT”)
**BY SIGNING THIS AGREEMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE**
PLEASE READ CAREFULLY!
TO: THE GOVERNORS OF THE UNIVERSITY OF CALGARY, THE UNIVERSITY OF CALGARY, THE STUDENTS’ UNION, AND THE STUDENT DANCE CLUB
CLUB NAME (hereinafter referred to as “The Club”): STUDENT DANCE CLUB
ACTIVITIES: The activities include, but are not limited to any preparation, competition, pre-event activities, post-event activities (including social activities), attending and participating, whether directly or indirectly in any way whatsoever and whether or not such activity is sponsored, sanctioned or supported, in dancing classes, lessons, or events at the University of Calgary, the Mount Pleasant Community Centre, the Rutland Park Community Association, the Ballroom and Country Dance Studio, and any other locations in Calgary, Alberta between September 1st, 2018 and August 31st, 2019 (hereinafter referred to as “the Activities”).
I am aware that participating in the Activities, which may include any or all of them, has many inherent risks, including but not limited to:
I have read the previous paragraphs and I understand the nature of the Activities and the demands of the Activities relative to my physical condition. Furthermore, I appreciate the types and risks of injuries and death which may occur as a result of the Activities, including but not limited to those listed and negligence of other participants, instructors, or spectators: and negligence on the part of the Releasees (as defined herein), including the failure on the part of the Releasees (as defined herein) to safeguard or protect me from the risks, dangers and hazards of the Activities. I hereby assert that my participation is free and voluntary and I accept and fully assume all such risks, dangers and hazards and any injury, loss or damage of any kind and however caused, including but not limited to, death, personal injury, property damage, or damage to reputation or economic loss, that I may suffer as a result of my participation in the Activities.
In consideration of The Governors of The University of Calgary, The University of Calgary, The Students’ Union, and The Club allowing my participation in the Activities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I agree as follows:
1.TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against The Governors of the University of Calgary, The University of Calgary, The Students’ Union, and The Club and their members, directors, officers, employees, students, agents, volunteers, affiliates, sponsors, independent contractors, organizers, representatives and assigns, volunteer owners of the properties on which the Activities are taking place and all others involved (all of whom are hereinafter collectively referred to as “the Releasees”);
2. TO RELEASE AND DISCHARGE THE RELEASEES from any and all liability arising from injury, loss, expense or damage of any kind, including, but not limited to, death, personal injury, property damage, damage to reputation or economic loss, that I may suffer, or that my next of kin may suffer, as a result of my participation in the Activities due to any cause whatsoever INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACT, R.S.A 2000, C. 0-4 (AS AMENDED) ON THE PART OF THE RELEASEES;
3. WHERE THE PARTICIPANT IS A MINOR, the parent or guardian executing this Agreement certifies that he/she, as parent or guardian with legal responsibility for this minor participant, consents and agrees to release, hold harmless and indemnify the Releasees from any and all claims which may be brought on behalf of the minor in respect of any and all liability arising from injury, loss or damage of any kind and however caused, including, but not limited to, death, personal injury, property damage, or damage to reputation or economic loss, that the minor may suffer as a result of the minor’s participation in the Activities due to any cause whatsoever INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACT, R.S.A 2000, C. 0-4 (AS AMENDED) ON THE PART OF THE RELEASEES;
4. TO PROMPTLY HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all loss, liability, claim, demand action, cause of action, judgment or expense for any damage to the property of, or personal injury (including death), to any third party, or any other expense, resulting from my participation in the Activities; and
5. This Agreement shall be effective and binding upon my spouse, heirs, next of kin, executors, administrators, assigns, personal representatives, or anyone else who may claim on my behalf, in the event of my death or incapacity.
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. I certify that I am 18 years of age or older, and where the participant is a minor, I as parent or guardian with legal responsibility for this minor participant, consent for this minor participant to attend and participate in the Activities. I agree this Agreement and any dispute related to this Agreement shall be exclusively governed by the laws of the Province of Alberta and applicable federal laws of Canada, and I hereby irrevocably attorn to the jurisdiction of the Courts of the Province of Alberta. I agree if any part of this Agreement is found to be unenforceable, the portion, which is unenforceable, shall be severed and the balance of this Agreement shall remain in full force and effect. Without limiting the generality of the foregoing, if the Assumption of risk, Release of Liability or Waiver of Claims, or any of them, is deemed to be unenforceable, the above-mentioned Indemnities shall nevertheless remain in full force and effect.
I HAVE READ AND UNDERSTOOD THIS AGREEMENT, I AM SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT, I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE, WHICH I OR MY SPOUSE, HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS, REPRESENTATIVES, OR ANYONE ELSE WHO MAY CLAIM ON MY BEHALF MAY HAVE AGAINST THE RELEASEES.
Signed on:
