WAIVER AND RELEASE OF LIABILITY (the “Waiver”)
Parc Downsview Park Inc. (the “Company”) is organizing a field trip at Downsview Park on above agreed upon date (the “Activity”). Through this waiver your organization (“Participant”), acknowledge and declare that its participation, including the participation of its members, in the Activity is voluntary and that Company is aware that the Activity will take place outside. Participant agrees that its participation, including the participation of its members in the Activity is subject to the sole discretion of the Company and that it may be limited or terminated with or without reason. IN CONSIDERATION for the right to participate and engage in the Activity, Participant acknowledges and agrees as follow:
Health, Safety & Assumption of Risk - Participant agree to abide by the rules, guidelines and instructions relating to the Activity, by any rules or instructions that may be given to it and by all applicable laws and regulations. Participant recognizes that even when clear instructions are given, there is a risk of injury associated with its participation in the Activity. Participant declares and acknowledge that it is solely responsible for the health, safety and belongings of it and its members at the Activity. Participant acknowledges and agrees that it will seek individual waivers from each of its members before participating in the Activity, and that Participant will be solely responsible for its failure to procure such waivers.
Participant declares and attests that its members have the physical ability to participate in the Activity, that its members are in good physical condition and that its members do not to suffer from any medical or other condition that would prevent them from safely participating in the Activity. Participant declares to be aware of the risks and dangers associated with any physical exercise, including tree planting. Participant acknowledges that its participation in the Activity may involve risks and dangers, including, but not limited to, personal injury (serious and even fatal injury), illness, disability, death, and loss of personal property or damage to it. Participant accepts and freely and fully assumes all risks and dangers relating to the Activity, whether described herein or not, as well as the possibility of injury, damage or loss that may result from the participation of its members in the Activity, no matter the cause.
Waiver and Release - Participant, the undersigned, for itself, its heirs, executors, administrators, successors and assigns, hereby RELEASE, WAIVE AND FOREVER DISCHARGE the Company, and its affiliates, staff, collaborators, and operators, and their respective shareholders, directors, officers, employees, contractors, sponsors, partners, agents, successors, heirs, executors and personal representatives, as well as Canada Lands Company CLC Limited (the “Released Parties”) of and from all claims, demands, damages, costs, expenses, actions and causes of action, with respect to any and all liability for injury, death, property loss or damage, or any other loss, cost or expense, to my person or my property (collectively a “Claim”), that it may suffer or incur, or that arise, directly or indirectly, as a result of Participant’s participation in the Activity or in moving on or about Downsview Park or adjacent premises, and whether prior to, during or subsequent to its participation in the Activity, and notwithstanding that such damage, loss or injury may have been caused solely or partly by the negligence or fault of the Released Parties. Participant agrees to INDEMNIFY, DEFEND AND HOLD HARMLESS all of the Released Parties from and against any and all any Claim, by whomever it might be brought, arising from its participation in the Activity or moving on or about Downsview Park or adjacent premises. The Claim hereby released and indemnified against include those due to any cause whatsoever, whether caused by negligence of a Released Party, breach of contract, breach of warranty, strict liability, breach of statutory or other duty, or otherwise.
General Clauses - This Waiver shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, and Participant hereby attorn to the exclusive jurisdiction of the courts of the Province of Ontario in the case of any litigation or dispute arising out of this Waiver. In the event that any provision or term of this Waiver is held to be invalid, illegal or unenforceable, the remaining provisions of this Waiver shall remain in full force and effect.
Participant is duly constituted according to law and is capable of entering into this Waiver.
Participant understands and agrees that in the event of an injury, death or disability, this Waiver shall be effective and be binding on it, its successors, administrators and assigns. Participant hereby declares and acknowledges that it fully understand this Waiver and that it is freely and voluntarily executing and signing this Waiver. Participant is aware that this is a waiver of liability and an enforceable contract between itself and the above-mentioned persons and entities. Participant intends, by the signature of its authorized representative, to grant a complete and unconditional exemption from all liability.
BY SIGNING THIS WAIVER, PARTICIPANT ACKNOWLEDGES IT IS WAIVING CERTAIN LEGAL RIGHTS, WHICH IT OR OTHERS MAY HAVE AGAINST THE RELEASED PARTIES, AND PARTICIPANT AGREES TO BE BOUND BY THIS WAIVER AND ITS TERMS AND OBLIGATIONS.
