PARTICIPANT AGREEMENT, WAIVER & RELEASE OF LIABILITY PARTICIPANT NAME: ____________________________________________
EVENT DESCRIPTION: 2020 Play for a Cure Pro-Am Charity Hockey Tournament EVENT DATE: March 27, 2020 EVENT VENUE: Vollmer Culture and Recreation Complex, Town of LaSalle
I wish to participate in the 2020 Play for a Cure Pro-Am hockey tournament benefiting the Cancer Research Collaboration Fund, scheduled to take place on March 27, 2020 as well as various pre- and post-event activities (the “Event”) and I agree to abide by all rules, regulations, and event instructions of the Event, as well as all applicable municipal, provincial and federal laws and regulations and all Event policies.
I understand that participating in the Event, and participation in services made available to participants during the Event (including medical services) is a potentially hazardous activity and can result in serious personal injury or death. I represent and warrant that I will be at least 19 years of age at the time of the Event.
I HEREBY ACCEPT and ASSUME ALL RISKS, KNOWN AND UNKNOWN, AND ASSUME ALL RESPONSIBILITY FOR ANY LOSSES, COSTS, AND/OR DAMAGES FOR ANY INJURY SUFFERED BY ME OR TO MY PROPERTY BY ANY MEANS AND HOWSOEVER CAUSED EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE EVENT ORGANIZERS OR ANY EMPLOYEE OF THE EVENT VENUE OPERATOR AND ALL OTHER RELEASEES (AS SUCH TERM IS DEFINED HEREIN), WHILE PARTICIPATING IN THE EVENT OR ACTIVITIES ASSOCIATED WITH THE EVENT, WHETHER AS A PARTICIPANT, SPECTATOR, COMPETITOR OR OTHERWISE. In consideration for being permitted to participate in the Event, I, for myself and for anyone entitled to act on my behalf, hereby waive and release, and hold harmless from any and all claims for injuries and/or damages I may have arising out of the Event or my participation in the Event, the Event organizers, the Windsor Community Foundation, Vollmer Culture and Recreation Complex, the Town of LaSalle, the City of Windsor, the Province of Ontario, Canada, any beneficiaries, sponsors, property owners, officials, participating clubs, communities, organizations, friends of the Event, consultants, service providers (including medical, if any), participants, third-party vendors, government or public entities and each of their respective parents, subsidiaries, affiliates, successors, predecessors, officers, directors, employees, volunteers, agents, and representatives (the “Releasees”). I intend by this Agreement, Waiver & Release (“Agreement”), in advance, to waive my rights, to covenant not to sue to release for future claims, and to discharge all of the Releasees, from any and all loss or damage, including, but not limited to claims for damages for death, personal injury or property damage that I may have, or which may hereafter accrue to me, as a result of my participation in all or any portion of this Event, even though that liability may arise from negligence (whether simple or gross), carelessness, or recklessness on the part of any of the Releasees, from dangerous or defective facilities, property or equipment owned, maintained, or controlled by them or because of their possible liability without fault. I further agree to indemnify the Releasees from any and all damages, costs, claims or demands (including reasonable attorney’s fees and costs) made by any third party caused in whole or in part by my negligent actions, omissions or wrongful acts.
I understand and agree that this Agreement is binding on my heirs, assigns, and legal representatives. I attest that I am physically capable of, and have sufficiently trained for, completing each respective element of the Event. If I am aware of or under treatment for any physical infirmity, disorder, ailment, or illness, my medical care provider has been apprised of, and has approved of, my participation in the Event. I acknowledge that I, and I alone, am solely responsible for my personal health and safety, and the personal property I bring with me. I consent to receive medical treatment which may be advisable in the event of illness or injuries suffered by me during the Event, and I agree to pay for the costs of any such medical treatment.
I understand and agree that the possession and consumption of alcohol during the Event shall only be permitted in such areas and at such times as the Event allows, if any. Without limiting the foregoing, I covenant and agree that I will not bring outside alcohol to the Event or consume alcohol at the Event except as where expressly permitted by the Event organizers. I hereby acknowledge and accept that breach of this or any other obligation imposed upon me under this Agreement shall, among other things, result in immediate dismissal from the Event.
I agree that my participation in the Event is subject to the sole discretion of the organizers of the Event, and that my participation may be limited or terminated, with or without cause or notice. I understand that the Event may be delayed, postponed or canceled due to a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of the Event organizers, including without limitation, acts of God, fires, floods, explosions, riots, wars, sabotage, terrorism, vandalism, accidents, governmental acts, injunctions, strikes and other like events that are beyond their reasonable anticipation and control.
I acknowledge that as a condition of my participation in the Event, I must raise a minimum of $300 in pledges and pay a portion of my team’s entry fee as and when required by the Event organizers. I understand that all donations directed to, received by or otherwise processed in the course of the Event are non-refundable and non-transferable, even if I do not participate in the Event. I further understand that my registration fee is non-refundable, non-transferable, does not apply toward my fundraising commitment, and is not tax deductible.
I give permission to the Event’s organizers, volunteers and service providers, and each of their respective affiliates, subsidiaries and agents, for the free use of my name, photograph, voice, or likeness, in any broadcast, telecast, advertising promotion, or other account of the Event or marketing or promotion for future or similar events, and waive any rights of privacy I may have in that regard, and I understand and consent that I may periodically be receiving communications related to my participation in the Event.
I WARRANT that (i) I am in good health and proper physical fitness to enable participation in the event, including any ancillary activities associated with the Event; and (ii) if, at any time, I believe that any conditions or equipment used during the event is unsafe, or that I am incapable of continuing, or if I am requested by any representative of the Releasees to discontinue participation, I will immediately discontinue further participation in the Event or related activities;
This waiver and release shall be interpreted and the rights of the parties determined under the laws of the Province of Ontario. The courts of Ontario shall have exclusive jurisdiction for any dispute arising under, or pertaining to, this Agreement.
I expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by law and that if any provision of this Agreement shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
I have carefully read this Agreement and fully understand its contents. I am aware that this is a release of liability and a binding contract between myself and the Releasees, and I sign it of my own free will. I understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing this Agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
Date Participant Signature