RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
BY SIGNING THIS DOCUMENT, YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT ON YOUR BEHALF AND ON BEHALF OF YOUR CHILD/CHILDREN
PLEASE READ CAREFULLY!
TO: Café O’Play Ltd. and its directors, officers, employees, agents, representatives, successors and assigns (collectively, the “Releasees”).
In good and valuable consideration for allowing my minor child (the “Minor”) to participate in all related events and activities that occur at Café O’Play located at 5667 Riverbend Road, Edmonton, Alberta (the “Event”), I hereby represent, warrant and agree that:
- I am the custodial parent or legal guardian of the Minor or have obtained parental authorization to act on their behalf with respect to the Minor for this purpose (the “Guardian”).
- I am familiar with and accept that there is the risk of serious injury and death in participation with the Event.
- I read and fully understand the terms herein. I freely and voluntarily assume and accept all of said terms and all of the risks associated with the Minor’s participation in the Event.
- I satisfied myself and believe that the Minor is physically, emotionally and mentally able to participate in the Event, and that the Minor’s clothing is fit and appropriate for the Minor’s role in the Event.
- I fully understand that all applicable rules for participation must be followed and that at all times during the Event, the sole responsibility of the Minor’s personal safety remains with me; and
- I will immediately remove the Minor from participation in the Event and advise the employees at the Event, if at any time, I sense or observe an unusual hazard or unsafe condition or if I feel that the Minor has experienced any deterioration in the Minor’s physical, emotional or mental fitness, or that of the Minor’s clothing for continued safe participation in the Event.
I UNDERSTAND AND AGREE, ON BEHALF OF MYSELF, THE MINOR, AND OUR RESPECTIVE HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN THAT MY EXECUTION OF THIS DOCUMENT CONSTITUTES:
- AN UNQUALIFIED ASSUMPTION BY ME OF ALL RISKS associated with the Minor’s participation in the Event even if arising from the negligence, gross negligence, including but not limited to any compounding or aggravation of injuries caused by negligent rescue operations or procedures, of the Releasees and any persons associated therewith or otherwise participating in the Event in any capacity;
- A FULL AND FINAL RELEASE AND WAIVER OF LIABILITY AND ALL CLAIMS that I or the Minor have, or may in the future have, against the Releasees and any persons associated therewith or otherwise participating in the Event in any capacity from any and all liability for any loss, damage, injury or expense that I or the Minor may suffer as a result of the Minor’s use of, or presence at, the Event facilities or the Minor’s participation in any part of, or the Minor’s presence in any capacity at, the Event, due to any cause whatsoever, INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE RELEVANT OCCUPIERS’ LIABILITY ACT ON THE PART OF THE RELEASEES;
- AN AGREEMENT NOT TO SUE THE RELEASEES for any loss, injury, costs or damages of any form or type, howsoever caused or arising, and whether directly or indirectly from my or the Minor’s participation in any aspect(s) of the Event;
- AN AGREEMENT TO INDEMNIFY AND TO SAVE AND HOLD HARMLESS THE RELEASEES, and each of them from any litigation expense, legal fees, liability, damage, award or cost, of any form or type whatsoever, they may incur due to any claim made against them or any one of them by or on behalf of the Minor, by me or by that of our estates, whether the claim is based on the negligence or the gross negligence of the Releasees or otherwise as stated above;
- AN AGREEMENT that is irrevocable and perpetual, and is not subject to termination, revocation or rescission by me, the Minor or any other person for any reason. This Agreement is the entire agreement between the parties, and may be modified only by a written instrument signed by both parties or their successors or assigns. This Agreement is binding on me, the Minor and our heirs, next of kin, executors, administrators, successors, assigns and personal representatives. If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision and everything else in this Agreement shall continue in full force and effect. This Agreement and all related matters will be governed by and construed in accordance with the laws of Alberta, Canada and the Court of Queen’s Bench in Edmonton, Alberta, Canada will have original and exclusive jurisdiction over any dispute arising from, connected with or relating to this Agreement or any related matter.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN SUBSTANTIAL LEGAL RIGHT WHICH I OR THE MINOR AND OUR RESPECTIVE HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, SUCCESSORS OR ASSIGNS MAY HAVE AGAINST THE RELEASEES. I SIGN THIS DOCUMENT VOLUNTARILY AND WITHOUT INDUCEMENT.