RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
WARNING: UPON AGREEMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ THOROUGHLY AND CAREFULLY BEFORE AGREEING
ASSUMPTION OF RISK
The Member acknowledges and understands that the participation of the Member in the Organization and the Membership Services offered by the Organization may involve known and unknown risks, including but not limited to:
General Risks:
- injury, damage or death resulting from falls on slippery, uneven or unstable surfaces
- any manner of injury resulting from use, misuse, non-use and/or failure of any equipment or hand tools
- weather: any illness, injury, damage or death resulting from exposure to hot, cold, wet or windy weather, including sun stroke, heat exhaustion and dehydration
- injury or death caused by contact with aggressive or curious animals
- injury or death resulting from an allergic reaction or infection
- injury or death resulting from any other cause
- theft, vandalism or loss of personal property
Specific Risks:
- any manner of injury resulting from physical activities, including lifting, bending, reaching, kneeling, etcetera, and repetitive physical activities
- injury, damage or death resulting from:
i) allergies or reactions to plants or soil, including skin irritation or infection
ii) contaminants in the soil or air, including discarded syringes or needles
iii) climbing trees, including falling
iv) falling tree branches
v) fire (brush or forest)
vi) other Members of the public, including homeless people
vii) motorized vehicles or equipment
- any manner of injury resulting from use, misuse, non-use and/or failure of any hand tools and that such risks cannot be eliminated regardless of the care taken and the undersigned freely and voluntarily accepts and fully assumes all such risks, dangers and hazards and the possibility of personal injury, death, property damage or loss, resulting therefrom, whether specified or not.
The Member further acknowledges that these risks may result not only from the actions of the Member but also from the actions of others. With the knowledge and understanding of these risks, the Member chooses, of their own will and volition, to continue participating in the Organization and the Membership Services offered by the Organization and the Member does knowingly assume all risks of participating in the Organization.
In consideration of allowing the undersigned to become a Member of the Organization and engage in such activities as the undersigned may choose to participate in while a Member, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the undersigned agrees as follows:
1. TO WAIVE ANY AND ALL CLAIMS that the undersigned has or may have in the future against the Organization, and its owners, directors, officers, employees or agents and their heirs, personal representatives, executors, administrators and assigns (all of whom are hereinafter collectively referred to as “the Releasees”).
2. TO RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE THE RELEASEES from any and all liability for any loss, damage, expense, illness or injury (including death) that the undersigned may suffer, or that the next of kin or heirs of the undersigned may suffer, as a result of the undersigned becoming a member of the Organization and engaging in such activities as the undersigned may choose to participate in while a member of the Organization 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;
3. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, whether tangible or intangible, that may be brought as a result of the Member engaging in such activities as the undersigned may choose to participate in while a member of the Organization.
4. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to the property of, or personal injury to, any third party, resulting from the Member engaging in such activities as the undersigned may choose to participate in while a member of the Organization.
5. That the Releasees may request and secure such medical services as they may individually or jointly, in their sole discretion, deem necessary for my health and safety or the health and safety of the undersigned, and the undersigned shall be financially responsible for all such advice and
services.
6. That should the undersigned be accompanied by any children, the undersigned shall be solely responsible for any and all supervision of any such children.
7. The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the Province of Alberta and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
8. This Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement (the “Agreement”) shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein. The undersigned does hereby irrevocably and unconditionally submit and attorn to the jurisdiction of the courts of the Province of Alberta in connection with any disputes or other matters arising out of or in connection with this Agreement;
9. In entering into this Agreement, the undersigned is not relying upon any oral or written representations or statements made by the Releasees other than what is set forth in this Agreement.
10. This Agreement shall be effective and binding upon the undersigned and the respective next of kin, heirs, personal representatives, executors, administrators and assigns of the undersigned in the event of the death or incapacity of the undersigned.
