Common use of RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT Clause in Contracts

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT. In consideration of the Operators agreeing to my participation in paddling activities, and permitting my use of their equipment and facilities, I hereby agree as follows: 1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE OPERATOR AND TO RELEASE THE OPERATOR from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer as a result of my participation in paddling activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACT, R.S.B.C. 1996, c. 337, ON THE PART OF THE OPERATOR, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE OPERATOR TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PADDLING ACTIVITIES REFERRED TO ABOVE; 2. TO HOLD HARMLESS AND INDEMNIFY THE OPERATOR from any and all liability for any property damage or personal injury to any third party resulting from my participation in paddling activities; 3. To familiarize myself with all rules, regulations and protocol pertaining to the use of all Operator equipment and assets; 4. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and representatives, in the event of my death or incapacity; 5. This Agreement shall be governed by and interpreted in accordance with the laws of the Province of British Columbia, depending upon location of activity 6. Any litigation involving the parties to this Agreement shall be brought within the Province of British Columbia.

Appears in 1 contract

Samples: dragonboatbc.ca

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RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT. In consideration of the Operators Nipissing University agreeing to my allow participation in paddling activitiesthe Crown Xxxx Mentorship Program and permitting his or her use of its facilities, and permitting my use for other good and valuable consideration, the receipt and sufficiency of their equipment and facilitieswhich is acknowledged, I hereby agree as follows: 1. TO To WAIVE ANY AND ALL CLAIMS that I have or may have in the future have against THE OPERATOR AND TO Nipissing University, its Directors, officers, employees, agents, instructors, independent contractors, subcontractors and representatives (all of whom are herein referred to as the Releases) and to RELEASE THE OPERATOR RELEASES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin child may suffer as a result of my their participation in paddling activities DUE TO ANY CAUSE WHATSOEVERthe Crown Xxxx Mentorship Program activities, INCLUDING due to any cause whatsoever, including NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, CARE INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, c. 337, ACT ON THE PART OF THE OPERATORRELEASEES AND FURTHER, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE OPERATOR RELEASEES TO SAFEGUARD OR AND PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PADDLING THE ACTIVITIES REFERRED TO ABOVE; 2. TO HOLD HARMLESS AND INDEMNIFY THE OPERATOR I agree to hold harmless and to indemnify the Releases from any and all liability for any property damage or personal injury to any third party resulting from my participation in paddling the Crown Xxxx Mentorship Program activities; 3. To familiarize myself with all rules, regulations and protocol pertaining to the use of all Operator equipment and assets; 4. This Agreement I agree that this agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and representatives, assigns in the event of my death or incapacity; 5death. This Agreement I agree that this agreement shall be governed by and interpreted in accordance with the laws of the Province of British Columbia, depending upon location of activity 6. Any Ontario and any litigation involving the parties to this Agreement agreement shall be brought within in Ontario. In entering into this agreement I am not relying on any oral or written representation or statements made by the Province Releases with respect to the safety of British Columbia.the Crown Xxxx Mentorship Program other than as set forth in this agreement. PARTICIPANT NAME: (PLEASE PRINT) PARTICIPANT SIGNATURE: GUARDIAN NAME: (PLEASE PRINT) GUARDIAN SIGNATURE: CAS WORKER NAME: (PLEASE PRINT) CAS WORKER SIGNATURE:

Appears in 1 contract

Samples: www.nipissingu.ca

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT. In consideration of the Operators agreeing to Releasees accepting my participation registration for Participation in paddling activities, Recreational Pickleball Play and permitting my use of their equipment the facilities and facilitiespremises provided by the Releasees (hereinafter “the premises”), I hereby agree as follows: 1. TO WAIVE ANY AND ALL CLAIMS To waive any and all claims that I have or may in the future have against THE OPERATOR AND TO RELEASE THE OPERATOR the releasees, and to release the releasees from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer suffer, as a result of my participation in paddling activities DUE TO ANY CAUSE WHATSOEVERthe sport of pickleball including, INCLUDING NEGLIGENCEbut not limited to, BREACH OF CONTRACTmy use of the premises due to any cause whatsoever, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CAREincluding negligence, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERSbreach of contract, or breach of any statutory or other duty of care, including any duty of care owed under any provincial occupiersLIABILITY ACTliability legislation on the part of the releasees. I understand that negligence includes the failure on part of the releasees to take reasonable steps to safeguard or protect me from the risks, R.S.B.C. 1996, c. 337, ON THE PART OF THE OPERATOR, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE OPERATOR TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PADDLING ACTIVITIES REFERRED TO ABOVE; 2dangers and hazards referred to above. TO HOLD HARMLESS AND INDEMNIFY THE OPERATOR To hold harmless and indemnify the releasees from any and all liability for any damage to property damage of or personal injury to any third party party, resulting from my participation in paddling activities; 3. To familiarize myself with all rules, regulations and protocol pertaining to the use of all Operator equipment and assetsor presence on the premises; 4. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators administrators, assigns and representatives, in the event of my death or incapacity; 5. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia, depending upon location of activity 6Ontario. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of British Columbia.Ontario and shall be within the exclusive jurisdiction of the Courts of the Province Ontario. In consideration of being allowed to participate in Kingston Pickleball Club (KPC) related events and activities, I the undersigned give permission for KPC to use or distribute, without limitation or obligation, any record of the events which may include my voice or image and authorization to contact me via email and other social media to keep informed on pickleball information, news, tournaments, sales, etc. I further agree to play under the guidelines and rules of the International Federation of Pickleball and adhere to policies and the code of conduct set out by the KPC Constitution. In entering into this Release agreement, I am not relying upon any oral or written representations or statements made by the Releasees with respect to the safety of pickleball other than what is set forth in this Agreement. I have read and understand this release agreement and I am aware that by agreeing I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators, assigns and representatives may have against the releasees. Printed Name Signature Date

Appears in 1 contract

Samples: files.trackie.com

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT. In consideration of the Operators agreeing University allowing me access to participate in the Activities I agree: SUBJECT TO THE TERMS OF THIS AGREEMENT, TO ASSUME AND ACCEPT ALL RISKS of any nature whatsoever arising out of, associated with or related to my participation in paddling the Activities and with respect to any and all related activities, and permitting my use of their equipment and facilities, I hereby agree as follows: 1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE OPERATOR AND TO RELEASE THE OPERATOR UNIVERSITY from any and all liability of any nature whatsoever including, without limitation, breach of contract, or breach of any statutory duty or other duty of care and for any loss, damage, injury or expense or injury including death of any nature whatsoever that I may suffersuffer or incur, or that my next of kin may suffer or incur as a result of my participation in paddling activities DUE TO ANY CAUSE WHATSOEVERthe Activities; provided always however such release shall not apply to any loss, INCLUDING NEGLIGENCEdamage, BREACH OF CONTRACTinjury or expense that I may suffer or incur as a result of the negligence or willful misconduct of the University. TO: be liable to the University for; and indemnify and hold harmless the University, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CAREits agents, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACTadvisors, R.S.B.C. 1996volunteers, c. 337, ON THE PART OF THE OPERATOR, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE OPERATOR TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PADDLING ACTIVITIES REFERRED TO ABOVE; 2. TO HOLD HARMLESS AND INDEMNIFY THE OPERATOR directors and employees from and against any and all liability for liabilities, claims, suits or actions, costs, damages and expenses (and without limiting the generality of the foregoing, any property damage losses, costs, damages and expenses of the University, including costs as between a solicitor and his own client) which may be brought or personal injury to any third party resulting from made against the University or which the University may pay or incur as a result of or in connection with: my participation in paddling activities; 3. To familiarize myself with all rules, regulations and protocol pertaining to the use Activities where any loss or damage of all Operator equipment and assets; 4any nature is caused by my negligence or willful misconduct or any other cause except for the negligence or willful misconduct of the University. This Agreement indemnity shall survive the expiry or earlier termination of this Agreement. Initials:_________________ PRIVACY STATEMENT: The information gathered on this form is collected under the authority of the McMaster University Act, 1976. Personal information is gathered, used and disclosed in accordance with the McMaster University privacy policy and applicable legislation, including the Freedom of Information and Protection of Privacy Act (Ontario) (“FIPPA”). The information gathered will be effective used for the purposes of administering University programs, for statistical purposes and binding upon for other related purposes. Personal information provided on this form will not be used for any related purpose without prior consent. Please further note that certain data may be stored on an off-site server and potentially in a jurisdiction outside Ontario. I acknowledge that I have read, understood and agree with this Participant Waiver Agreement; that I appreciate and accept the Risks; that I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators and representatives, in legal representatives may have against the event of my death or incapacityUniversity; 5. This Agreement shall be governed by and interpreted in accordance with the laws of the Province of British Columbia, depending upon location of activity 6. Any litigation involving the parties to that I have executed this Agreement shall be brought within the Province voluntarily. SIGNED THIS _________ day of British Columbia.______________________________, 20____, at _____________________________________, ________________________________. Signature of Participating Employee/Student Printed Name of Participating Employee/Student Signature of Parent or Legal Guardian for Minor Printed Name of Parent or Legal Guardian of Minor Signature of Witness Printed Name of Witness

Appears in 1 contract

Samples: Participant Waiver Agreement

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT. In consideration of the Operators agreeing to Releasees accepting my participation registration for Participation in paddling activities, the Chilliwack Pickleball Club Mayday Mayhem tournament and permitting my use of their equipment the facilities and facilitiespremises provided by the Releasees (hereinafter “the premises”), I hereby agree as follows: 1. TO WAIVE ANY AND ALL CLAIMS To waive any and all claims that I have or may in the future have against THE OPERATOR AND TO RELEASE THE OPERATOR the releasees, and to release the releasees from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer suffer, as a result of my participation in paddling activities DUE TO ANY CAUSE WHATSOEVERthe sport of pickleball including, INCLUDING NEGLIGENCEbut not limited to, BREACH OF CONTRACTmy use of the premises due to any cause whatsoever, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CAREincluding negligence, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERSbreach of contract, or breach of any statutory or other duty of care, including any duty of care owed under any provincial occupiersLIABILITY ACTliability legislation on the part of the releasees. I understand that negligence includes the failure on part of the releasees to take reasonable steps to safeguard or protect me from the risks, R.S.B.C. 1996, c. 337, ON THE PART OF THE OPERATOR, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE OPERATOR TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PADDLING ACTIVITIES REFERRED TO ABOVE; 2dangers and hazards referred to above. TO HOLD HARMLESS AND INDEMNIFY THE OPERATOR • To hold harmless and indemnify the releasees from any and all liability for any damage to property damage of or personal injury to any third party party, resulting from my participation in paddling activities; 3. To familiarize myself with all rules, regulations and protocol pertaining to the use of all Operator equipment and assetsor presence on the premises; 4. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators administrators, assigns and representatives, in the event of my death or incapacity; 5. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia, depending upon location of activity 6. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of British ColumbiaColumbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia In entering into this Release agreement, I am not relying upon any oral or written representations or statements made by the Releasees with respect to the safety of pickleball other than what is set forth in this Agreement. I have read and understand this release agreement and I am aware that by agreeing I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators, assigns and representatives may have against the releasees. By signing this waiver I acknowledge the Chilliwack Pickleball Club may take photographs and video of the event and post same on their website and/or Facebook page.

Appears in 1 contract

Samples: files.trackie.com

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT. In consideration of the Operators agreeing to Releasees accepting my participation registration for Participation in paddling activities, and the __tournament name___and permitting my use of their equipment the facilities and facilitiespremises provided by the Releasees (hereinafter “the premises”), I hereby agree as follows: 1. TO WAIVE ANY AND ALL CLAIMS To waive any and all claims that I have or may in the future have against THE OPERATOR AND TO RELEASE THE OPERATOR the releasees, and to release the releasees from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer suffer, as a result of my participation in paddling activities DUE TO ANY CAUSE WHATSOEVERthe sport of pickleball including, INCLUDING NEGLIGENCEbut not limited to, BREACH OF CONTRACTmy use of the premises due to any cause whatsoever, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CAREincluding negligence, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERSbreach of contract, or breach of any statutory or other duty of care, including any duty of care owed under any provincial occupiersLIABILITY ACTliability legislation on the part of the releasees. I understand that negligence includes the failure on part of the releasees to take reasonable steps to safeguard or protect me from the risks, R.S.B.C. 1996, c. 337, ON THE PART OF THE OPERATOR, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE OPERATOR TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PADDLING ACTIVITIES REFERRED TO ABOVE; 2dangers and hazards referred to above. TO HOLD HARMLESS AND INDEMNIFY THE OPERATOR To hold harmless and indemnify the releasees from any and all liability for any damage to property damage of or personal injury to any third party party, resulting from my participation in paddling activities; 3. To familiarize myself with all rules, regulations and protocol pertaining to the use of all Operator equipment and assetsor presence on the premises; 4. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators administrators, assigns and representatives, in the event of my death or incapacity; 5. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia, depending upon location of activity 6_________________. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of British Columbia._________________ and shall be within the exclusive jurisdiction of the Courts of the Province of _________________. In entering into this Release agreement, I am not relying upon any oral or written representations or statements made by the Releasees with respect to the safety of pickleball other than what is set forth in this Agreement. I have read and understand this release agreement and I am aware that by agreeing I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators, assigns and representatives may have against the releasees. Printed Name Signature Date

Appears in 1 contract

Samples: pickleballcanada.org

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT. In consideration for being permitted to participate in any way in transportation, hiking and related activities of the Operators agreeing Hiking Trip I hereby agree that the Releasees shall in no manner be liable for any bodily injury, disability, emotional distress, property damage and/or wrongful death, arising out of or in any way related to the Hiking Trip and I hereby, now and forever release the Releasees from and against any causes of action, claims or demands of any nature that may result from or be connected in any way to my participation in paddling activitiesthe Hiking Trip (“Claims”). I further agree not to sue and agree to indemnify and hold harmless the Releasees from any Claims. It is also my express intent that that this Release shall bind my spouse, family members, heirs, guardians, legal representatives, and permitting assigns. By signing this Release, I am not relying on any oral or written representation or statements made by the Releasees, other than what is set forth in this Release. This Release shall be interpreted under and governed by the laws of The Commonwealth of Massachusetts. I agree that should any provision or aspect of this Release be found to be unenforceable, all remaining provisions of the Release will remain in full force and effect. I agree that should there be any dispute arising from or related to my use participation in the Hiking Trip or this Release that would require the adjudication of their equipment a court of law, venue will lie in Suffolk County, Massachusetts, and facilitiesthe cause of action will be determined by the laws of The Commonwealth of Massachusetts. By signing below, I hereby agree as follows: 1. TO WAIVE ANY AND ALL CLAIMS confirm that I have or may read this Release in its entirety, understand it, and sign it voluntarily. Signature Date Print Full Name: FOR PARTICIPANTS OF MINORITY AGE (less than 18 years old): By signing below I certify that, as Parent, Guardian, Temporary Guardian with legal responsibility for this participant, I hereby confirm that I give her/him my permission to participate in the future have against THE OPERATOR AND TO RELEASE THE OPERATOR from any Hiking Trip and all liability for any loss, damage, expense or injury including death that I may sufferhave read and accept on my child’s behalf and for myself, or that my next spouse, my family members, heirs and assigns, this Release of kin may suffer as a result Liability, Waiver of my Claims, Assumption of Risk and Indemnity Agreement in its entirety, understand it, and the risks inherent in participation in paddling activities DUE TO ANY CAUSE WHATSOEVERthe Hiking Trip and other risks that neither the Company nor I nor my child are aware of, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACT, R.S.B.C. 1996, c. 337, ON THE PART OF THE OPERATOR, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE OPERATOR TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PADDLING ACTIVITIES REFERRED TO ABOVE; 2and sign it voluntarily. TO HOLD HARMLESS AND INDEMNIFY THE OPERATOR from any and all liability for any property damage or personal injury to any third party resulting from my participation in paddling activities; 3. To familiarize myself with all rules, regulations and protocol pertaining to the use Signature of all Operator equipment and assets; 4. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and representatives, in the event of my death or incapacity; 5. This Agreement shall be governed by and interpreted in accordance with the laws of the Province of British Columbia, depending upon location of activity 6. Any litigation involving the parties to this Agreement shall be brought within the Province of British Columbia.Parent/Guardian Date

Appears in 1 contract

Samples: Release of Liability

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RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT. In consideration of the Operators agreeing to Releasees accepting my participation registration for Participation in paddling activities, the Chilliwack Pickleball Club Mayday Mayhem tournament and permitting my use of their equipment the facilities and facilitiespremises provided by the Releasees (hereinafter “the premises”), I hereby agree as follows: 1. TO WAIVE ANY AND ALL CLAIMS To waive any and all claims that I have or may in the future have against THE OPERATOR AND TO RELEASE THE OPERATOR the releasees, and to release the releasees from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer suffer, as a result of my participation in paddling activities DUE TO ANY CAUSE WHATSOEVERthe sport of pickleball including, INCLUDING NEGLIGENCEbut not limited to, BREACH OF CONTRACTmy use of the premises due to any cause whatsoever, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CAREincluding negligence, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERSbreach of contract, or breach of any statutory or other duty of care, including any duty of care owed under any provincial occupiersLIABILITY ACTliability legislation on the part of the releasees. I understand that negligence includes the failure on part of the releasees to take reasonable steps to safeguard or protect me from the risks, R.S.B.C. 1996, c. 337, ON THE PART OF THE OPERATOR, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE OPERATOR TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PADDLING ACTIVITIES REFERRED TO ABOVE; 2dangers and hazards referred to above. TO HOLD HARMLESS AND INDEMNIFY THE OPERATOR • To hold harmless and indemnify the releasees from any and all liability for any damage to property damage of or personal injury to any third party party, resulting from my participation in paddling activities; 3. To familiarize myself with all rules, regulations and protocol pertaining to the use of all Operator equipment and assetsor presence on the premises; 4. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators administrators, assigns and representatives, in the event of my death or incapacity; 5. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia, depending upon location of activity 6. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of British ColumbiaColumbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia In entering into this Release agreement, I am not relying upon any oral or written representations or statements made by the Releasees with respect to the safety of pickleball other than what is set forth in this Agreement. I have read and understand this release agreement and I am aware that by agreeing I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators, assigns and representatives may have against the releasees. Children 18yrs and under must have their parents or legal guardians consent. By signing this waiver I acknowledge the Chilliwack Pickleball Club may take photographs and video of the event and post same on their website and/or Facebook page.

Appears in 1 contract

Samples: files.trackie.com

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT. In consideration of the Operators agreeing to my participation in paddling activities, and permitting my use rental of their equipment and facilitiesthe Equipment, I hereby agree as follows: 1. I AGREE TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE OPERATOR AND the Releasees and TO RELEASE THE OPERATOR RELEASEES from any and all liability for any loss, damage, expense or injury (including death death) that I may suffer, or that my next of kin may suffer as a result suffer, resulting from or arising out of any aspect of my participation in paddling activities use of the Equipment or my presence on the Premises, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, CONTRACT OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACTin respect of the design, R.S.B.C. 1996manufacture, c. 337installation, ON THE PART OF THE OPERATORmaintenance, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE OPERATOR TO SAFEGUARD OR PROTECT ME FROM THE RISKSselection or adjustment of the Equipment, DANGERS AND HAZARDS OF PADDLING ACTIVITIES REFERRED TO ABOVE; 2or in respect of the provision of or the failure to provide any warnings, directions or instructions as to the use of the Equipment or the risks, dangers and hazards of skiing, snowboarding and snowshoeing. TO HOLD HARMLESS AND INDEMNIFY THE OPERATOR RELEASEES from any and all liability for any damage to the property damage of or personal injury to any third party party, resulting from my participation in paddling activities; 3. To familiarize myself with all rules, regulations and protocol pertaining to the use of all Operator equipment and assetsthe Equipment; 4. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators administrators, assigns and representatives, in the event of my death or incapacity; 5. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia, depending upon location of activity 6. Saskatchewan and no other jurisdiction; and Any litigation involving the parties to this Release Agreement shall be brought solely within Saskatchewan and shall be within the Province exclusive jurisdiction of British Columbia.the Courts of Saskatchewan. I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS THAT I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES. I the undersigned, have read and understood the terms and conditions of this agreement. Date: Skier/Boarder Signature: Parent/Guardian (if applicable) Please complete the following in full. LAST NAME: FIRST NAME: HOME ADDRESS: CITY: PROVINCE/STATE: POSTAL CODE: PHONE: EMAIL ADDRESS: Please read carefully and SIGN Please read carefully and initial **MUST COMPLETE THE FOLLOWING** The EQUIPMENT BRERAKAGE CHARGE OF $1.00 per day/per person IS INCLUDED IN RENTAL CHARGE and applies to equipment breakage only, not lost, stolen or misused equipment This charge of $1 confirms that the shop will absorb the cost of repairing any broken equipment; however, the renter shall replace lost, misplaced, stolen, or misused equipment at current rental value. The breakage charge does not cover base damage due to misuse. RENTAL AGREEMENT

Appears in 1 contract

Samples: Release of Liabitity, Waiver of Claims Assumption of Risks and Imdemnity Agreement

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT. In consideration of the Operators agreeing to Releasees accepting my participation in paddling activities, application for membership and permitting my use of their equipment the facilities and facilitiespremises provided by the Releasees, I hereby agree as follows: 1. TO WAIVE ANY AND ALL CLAIMS To waive any and all claims that I have or may in the future have against THE OPERATOR AND TO RELEASE THE OPERATOR the Releasees, and to release the Releasees from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer suffer, as a result of my participation in paddling activities DUE TO ANY CAUSE WHATSOEVERthe sport of pickleball including, INCLUDING NEGLIGENCEbut not limited to, BREACH OF CONTRACTmy use of the facilities and premises due to any cause whatsoever, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CAREincluding negligence, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACTbreach of contract, R.S.B.C. 1996or breach of any statutory or other duty of care, c. 337including any duty of care owed under provincial occupiers liability legislation on the part of the Releasees. I understand that negligence includes the failure on part of the Releasees to take reasonable steps to safeguard or protect me from the risks, ON THE PART OF THE OPERATOR, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE OPERATOR TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PADDLING ACTIVITIES REFERRED TO ABOVE; 2dangers and hazards referred to above. TO HOLD HARMLESS AND INDEMNIFY THE OPERATOR To hold harmless and indemnify the Releasees from any and all liability for any damage to property damage of or personal injury to any third party party, resulting from my participation in paddling activities; 3. To familiarize myself with all rules, regulations and protocol pertaining to the use of all Operator equipment or presence on the facilities and assetspremises; 4. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators administrators, assigns and representatives, in the event of my death or incapacity; 5. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia, depending upon location of activity 6. Ontario and no other jurisdiction; and Any litigation involving the parties to of this Release Agreement shall be brought solely within the Province of British Columbia.Ontario, and shall be within the exclusive jurisdiction of the Courts of the Province of Ontario. In entering into this Release Agreement I am not relying upon any oral or written representation or statements made by the Releasees with respect to the safety of pickleball other than what is set forth in this Release Agreement. I agree that it is my own responsibility to understand the dangers and to decide if playing in the facilities or premises is unsafe, understanding that if I believe play to be unsafe, that upon discussion with the club executive I will receive a refund for the remaining portion of membership or unused court fees. I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES. Signed this ______ day of ______________, 20___ Signature of Member: __________________________ Print Name: _________________________ Signed this ______ day of ______________, 20___ Signature of Witness: __________________________ Print Name: _________________________

Appears in 1 contract

Samples: Release Agreement

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT. In consideration of the Operators agreeing University allowing me access to the laboratories I agree: SUBJECT TO THE TERMS OF THIS AGREEMENT, TO ASSUME AND ACCEPT ALL RISKS of any nature whatsoever arising out of, associated with or related to my participation in paddling the activities of the laboratories and with respect to any and all related activities, and permitting my use of their equipment and facilities, I hereby agree as follows: 1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE OPERATOR AND TO RELEASE THE OPERATOR UNIVERSITY from any and all liability of any nature whatsoever including, without limitation, breach of contract, or breach of any statutory duty or other duty of care and for any loss, damage, injury or expense or injury including death of any nature whatsoever that I may suffersuffer or incur, or that my next of kin may suffer or incur as a result of my participation in paddling the activities DUE TO ANY CAUSE WHATSOEVERof the laboratories; provided always however such release shall not apply to any loss, INCLUDING NEGLIGENCEdamage, BREACH OF CONTRACTinjury or expense that I may suffer or incur as a result of the negligence or willful misconduct of the University. TO: be liable to the University for; and indemnify and hold harmless the University, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CAREits agents, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACTadvisors, R.S.B.C. 1996volunteers, c. 337, ON THE PART OF THE OPERATOR, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE OPERATOR TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PADDLING ACTIVITIES REFERRED TO ABOVE; 2. TO HOLD HARMLESS AND INDEMNIFY THE OPERATOR directors and employees from and against any and all liability for liabilities, claims, suits or actions, costs, damages and expenses (and without limiting the generality of the foregoing, any property damage losses, costs, damages and expenses of the University, including costs as between a solicitor and his own client) which may be brought or personal injury to any third party resulting from made against the University or which the University may pay or incur as a result of or in connection with: my participation in paddling activitiesthe Research Activities where any loss or damage of any nature is caused by my negligence or willful misconduct or any other cause except for the negligence or willful misconduct of the University; 3. To familiarize myself with all rules, regulations and protocol pertaining to my participation in any activities at the use laboratories where any loss or damage of all Operator equipment and assets; 4any nature is caused by my negligence or willful misconduct or any other cause except for the negligence or willful misconduct of the University. This Agreement indemnity shall survive the expiry or earlier termination of this Agreement. Initials:_________________ PRIVACY STATEMENT: The information gathered on this form is collected under the authority of the McMaster University Act, 1976. Personal information is gathered, used and disclosed in accordance with the McMaster University privacy policy and applicable legislation, including the Freedom of Information and Protection of Privacy Act (Ontario) (“FIPPA”). The information gathered will be effective used for the purposes of administering University programs, for statistical purposes and binding upon for other related purposes. Personal information provided on this form will not be used for any related purpose without prior consent. Please further note that certain data may be stored on an off-site server and potentially in a jurisdiction outside Ontario. I Acknowledge that I have read, understood and agree with this Assumption of Risk & Indemnity Agreement; that I appreciate and accept the Risks; that I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators and representatives, in legal representatives may have against the event of my death or incapacityUniversity; 5. This Agreement shall be governed by that I have had the opportunity to seek independent legal advice and interpreted in accordance speak with the laws of the Province of British Columbia, depending upon location of activity 6. Any litigation involving the parties to a Union Representative (as applicable); and that I have executed this Agreement shall be brought within the Province voluntarily. SIGNED THIS _________ day of British Columbia.______________________________, 20____, at _____________________________________, ________________________________. Signature of Participating Employee/Student Printed Name of Participating Employee/Student Signature of Parent or Legal Guardian for Minor Printed Name of Parent or Legal Guardian of Minor Signature of Witness Printed Name of Witness

Appears in 1 contract

Samples: Participant Waiver Agreement

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