PARTICIPANT AGREEMENT, WAIVER & RELEASE OF LIABILITY PARTICIPANT NAME: ____________________________________________
EVENT DESCRIPTION: 2023 Play for a Cure Pro-Am Charity Hockey Tournament EVENT DATE: April 13 and 14, 2023 EVENT VENUES: Caesars Windsor and Vollmer Culture and Recreation Complex
I wish to participate as a volunteer or player in the 2023 Play for a Cure Pro-Am hockey tournament benefiting the Cancer Research Collaboration Fund scheduled to take place on April 13 and 14, 2023 as well as various pre- and post-event activities (collectively, 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 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, including but not limited to the risk of being exposed to or infected by COVID-19, the Event organizers, the WindsorEssex Community Foundation, Vollmer Culture and Recreation Complex, the Town of LaSalle, Caesars Windsor, 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 (collectively, the “Releasees”).
I intend by this Agreement, Waiver & Release (the “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 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 hereby warrant, understand, and agree that:
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 waiver and release.
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