ACCIDENT WAIVER AND RELEASE OF LIABILITY FORM
THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. READ IT CAREFULLY.
Name of the Activity or Event: RMHC Manitoba 151 (the "Activity")
Dates of Activity: July, 2020 and August, 2020
I, the undersigned, am aware that there are risks associated with participating in the Activity, which may involve a test of a person's physical limits and may carry with it the potential for death, serious injury and property damage. These risks may include, but are not limited to, those caused by the terrain, facilities, temperature, weather, condition of participants, equipment, actions of other individuals including, but not limited to, participants, volunteers, spectators, event officials, event producers and/or lack of hydration.
IN CONSIDERATION OF THE PEDIATRIC ONCOLOGY FAMILY CENTRE OF MANITOBA INC. (Ronald McDonald House Charities® of Manitoba) (the "Organizer") AGREEING TO PERMIT ME TO PARTICIPATE IN THE ACTIVITY, AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, I HEREBY ACKNOWLEDGE AND AGREE THAT:
- My participation in the Activity as a participant or otherwise, is completely voluntary.
- I am physically fit, have sufficiently prepared or trained for participation in the Activity, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in the Activity.
- I freely accept and fully assume all responsibility for all risks to me, including without limitation, all personal injury, death, or loss to me or any other person, as a result of my participation in the Activity, however occasioned, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the Organizer's Parties (as defined herein), from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.
- None of:
- the Organizer or its employees, volunteers, spectators, event officials, representatives and agents; and/or
- its respective successors and assigns (collectively, the "Organizer's Parties") will be liable or responsible for any kind of loss, cost, injury, death or damage to me, others, my property or the property of others, as the case may be, resulting or arising in anyway, directly or indirectly, in connection with or as a result of the Activity or my participation therein.
- I HEREBY WAIVE, RELEASE, AND FOREVER DISCHARGE each of the Organizer's Parties from and against any and all liability, including but not limited to, liability arising from any cause, including without limitation, the negligence or fault of any of the Organizer's Parties, for any kind of loss, cost, injury, death or damage to me, others, my property or the property of others, as the case may be, resulting or arising in anyway, directly or indirectly, from the Activity, including without limitation my participation in, attendance at or traveling to and from the Activity.
- I SHALL INDEMNIFY AND HOLD HARMLESS each of the Organizer's Parties from and against any and all claims, suits, damages, demands, deficiency, charges, costs, losses, expenses or other liability of any kind whatsoever (including all legal costs) in anyway arising from, as a result of, or in connection with any act, omission or failure of or by any of the Organizer's Parties associated with, related to or in any way connected, directly or indirectly, with the Activity or my participation therein.
- I SHALL NOT SUE OR COMMENCE ACTION AGAINST any of the Organizer's Parties for any act, omission or failure of or by any of the Organizer's Parties associated with, related to or in any way connected, directly or indirectly, with the Activity or my participation therein.
- This Waiver and Release of Liability Form will govern my actions and responsibilities at the Activity.
- I consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during the Activity, which medical treatment will NOT be paid by any of the Organizer's Parties.
- I understand that by tagging RMHC Manitoba in a post on social media and/or using the RMHC Manitoba 151 hashtag, “MovingFoward4Families” / “movingforward4families” / “MOVINGFORWARD4FAMILIES” or any other capitalization variation of the hashtag, that I agree to allow my tagged post’s photo, video, and/or post text/copy to be used for any legitimate purpose by the Organizer, including advertising future events.
- This Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
- This Waiver and Release of Liability Form shall enure to the benefit of me, and be binding on, my heirs, executors, administrators and personal representatives.
BY REGISTERING FOR THIS EVENT I AM AWARE THAT THIS IS A WAIVER AND RELEASE OF LIABILITY AND A CONTRACT AND I AM ACCEPTING RESPONSIBILITY OF MY OWN FREE WILL.
WARNING: BY ACCEPTING WHAT IS STATED IN THIS FORM YOU GIVE UP YOUR RIGHT TO BRING COURT ACTIONS TO RECOVER COMPENSATION FOR ANY INJURY TO YOURSELF, YOUR PROPERTY, OR YOUR DEATH ARISING OUT OF YOUR PARTICIPATION IN THE ACTIVITY.