Please read carefully before signing(Required) BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION
In consideration of IGNITE STUDENT UNION (“IGNITE”) permitting the individual named below (“I”, or “me” or “you” or “your”) to participate in the activities further described in Schedule “A” (collectively, the “Activities” and each an “Activity”) and for other good and valuable consideration, I agree to all the terms and conditions set forth in this agreement (this “Agreement”).
1. Assumption of Risk. I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES INVOLVE MANY RISKS, DANGERS, AND HAZARDS, INCLUDING BUT NOT LIMITED TO THE RISK OF SERIOUS INJURY, DEATH, OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS, AND HAZARDS INVOLVED AND THE POSSIBILITY OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF IGNITE, THE ACTIVITY PROVIDERS (AS HEREINAFTER DEFINED) OR OTHERWISE.
2. Release and Waiver. I hereby expressly waive and release any and all claims which I have or may in the future have against IGNITE, Humber Polytechnic, the University of Guelph-Humber and each of their affiliates, respective directors, officers, employees, agents, representatives, volunteers, shareholders, successors, and assigns (collectively, the "Activity Providers", each an “Activity Provider”), on account of injury, death, loss of personal property, or property damage arising out of or attributable to my participation in the Activities, due to any cause whatsoever, including without limitation the negligence of IGNITE or any other Activity Provider, breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation or otherwise. I covenant not to make or bring any such claim against IGNITE or any other Activity Provider, and forever release and discharge IGNITE and all other Activity Providers from liability under such claims.
I UNDERSTAND THAT THIS RELEASE DISCHARGES THE ACTIVITY PROVIDERS FROM ANY LIABILITY OR CLAIM THAT I MAY HAVE AGAINST THE ACTIVITY PROVIDERS WITH RESPECT TO ANY BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, OR PROPERTY LOSS THAT MAY RESULT FROM THE ACTIVITIES, WHETHER CAUSED BY NEGLIGENCE OF THE ACTIVITY PROVIDERS OR OTHERWISE. I ACKNOWLEDGE THAT THE ACTIVITY PROVIDERS ARE NOT RESPONSIBLE FOR THE ERRORS, OMISSIONS, ACTS, OR FAILURES TO ACT OF ANY PARTY OR ENTITY CONDUCTING A SPECIFIC ACTIVITY ON THEIR BEHALF.
3. Indemnification. I HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS IGNITE AND ALL OTHER ACTIVITY PROVIDERS AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE LEGAL FEES, IN CONNECTION WITH ANY THIRD-PARTY CLAIM, SUIT, ACTION, OR PROCEEDING ARISING OUT OF OR RESULTING FROM THE ACTIVITIES.
4. Fitness to Participate. I acknowledge that I do not have any physical limitations, medical ailments, physical or mental disabilities that would limit or prevent me from taking part in or put me at risk of harm if I participate in, the Activities.
5. Photographic Release. I understand and agree that during the Activities, I may be photographed or videotaped, or both, by the Activity Providers for internal and promotional use. I hereby grant and convey to IGNITE all right, title, and interest, including but not limited to, any royalties, proceeds, or other benefits, in any and all such photographs or recordings, and consent to IGNITE to use of my name, image, likeness, and voice in perpetuity, in any medium or format, for any publicly without further compensation or permission.
6. Miscellaneous. This Agreement constitutes the entire agreement of IGNITE and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall enure to the benefit of me and my heirs and next-of-kin, and the Activity Providers and their successors and assigns.
7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of the City of Toronto, and I hereby consent to the exclusive jurisdiction of such courts.
I certify that I have read this document and fully understand its content. I am aware that this is a release of liability and a contract and sign it of my own free will and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of the agreement is held to be invalid, the balance notwithstanding shall continue in full force and effect.