Participant Waiver
I desire to participate in the “Activity”, voluntarily and after reading carefully, execute this Participant Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement on the date printed below, agreeing as follows:
1. CONSIDERATION
I acknowledge the personal benefit accruing to me by being permitted by Yugal Kunj (“YK”) to participate in the Activity and being aware of the activities in which I will be involved through said participation, I hereby agree as follows:
2. ASSUMPTION OF RISKS
I am aware of the risks, dangers and hazards associated with the Activity at YK, 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. I understand that these risks may result from or be compounded by the actions, omissions, or negligence of YK. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS ASSOCIATED WITH THE ACTIVITY WHETHER CAUSED BY THE NEGLIGENCE OF YK OR OTHERWISE.
3. RELEASE OF LIABILITY AND WAIVER OF CLAIMS
In consideration for receiving permission to participate in activities with YK, I, the Participant, my personal representatives, assigns, heirs and next of kin, freely and voluntarily, without duress, hereby release, waive and discharge all claims that I have or may have in the future against YK, its officers, directors, agents, servants, volunteers or employees (hereinafter referred to as “Releasees”) from any and all liability, claims, loss, expenses, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, any of the property belonging to me or that my next of kin may suffer as a result of my participation in the Activity, whether caused by the negligence of the Releasees, or otherwise, including any liability, claim, demands, damages, action suits of any nature based in negligence, breach of fiduciary duty, breach of contract or breach of any statutory or other duty of care, while participating in the Activity, or while in, on, or upon the premises where the Activity is being conducted.
4. INDEMNITY AGREEMENT
I agree to indemnify and hold harmless YK and all other Releasees and their respective successors and assigns from any and all liability, claims, demands, causes of action, losses, damages or costs of whatever kind or nature, either in law or equity, whether foreseen or unforeseen, arising from my actions as a participant in the Activity, for any damage to property of, or personal injury to, any third party, resulting from my participation in the Activity and for any costs involved in connection with such claims. I, the participant, understand that this Release discharges YK from any liability or claim that I may have against YK with respect to any bodily injury, personal injury, illness, death, or property damage that may result from my Activities with YK whether caused by the negligence of the Releasees. I, the participant, covenant not to bring any action against YK for any such injury or damage.
8. MEDICAL AUTHORIZATION AND RELEASE
If I am unable to consent at the time due to injury or illness, I hereby consent to the administration of first aid and other emergency medical treatment for such injury or illness that occurs during any of my volunteering. Should a medical emergency arise, and I am unable to give permission at the time, I hereby authorize any medical and/or surgical care, including diagnosis and treatment, to be given by any hospital or clinic selected by YK. Further, I hereby release and forever discharge the Releasees from any claim whatsoever which arises or may hereafter arise on account of any first aid treatment or other medical services rendered in connection with an emergency during my participation as a Volunteer.
9. MEDIA RELEASE
I understand and agree that all photographs, video, audio recordings or any images or portions thereof, taken by the Releasees during my participation as a Volunteer, are the property of YK and may be used, modified and/or published in any manner YK considers appropriate, without my permission. I grant and convey unto YK all right, title and interest in any and all photographic images and video or audio recordings made by the Releasees during my participation as a Volunteer, including, but not limited to, any moral rights, royalties, proceeds, or other benefits derived from such photographs or recordings. I also waive any and all rights, including moral rights I have in the photographic images and video or audio recordings made by any of the YK’s assignees and licensees.
10. CONDUCT OF PARTICIPANT
I acknowledge during my participation in the Activity, I will not engage in any illegal activities. I further understand that in the event of legal proceedings involving me and related to such offences or other legal matters, I am responsible for any legal fees and costs.
I acknowledge that I must abide by YK’s standard operating procedures or instructions, whether communicated to me verbally or in writing, including obeying all the directions provided by YK’s employees and or directors while participating in the Activity.
11. GENERAL
I expressly agree that this Release is intended to be as broad and inclusive as permitted by the laws of the Province of Ontario, Canada, and that this Release shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada, applicable therein. I agree that in the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions, which shall continue to be enforceable.
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.
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.
12. CONSENT TO RECEIVE MAIL / ELECTRONIC CORRESPONDENCE
I understand that Yugal Kunj will not share my personal information with third parties.
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 AND ASSIGNS MAY HAVE AGAINST THE RELEASEES.