Release of liability, waiver of claims, assumption of risks
and indemnity agreement (Hereinafter referred to as the “Release Agreement”)
By signing this document you will waive or give up certain
legal rights, including the right to sue or claim compensation following an
accident. Please read carefully!
To: KidsPlay Sports (Her Majesty the Queen in the right of
the province of Ontario) and its (their) directors, officers, employees,
instructors, guides, agents, representatives, independent contractors,
subcontractors, suppliers, sponsors, successors and assigns (all of whom are
hereinafter referred as “the releasees”)
Definition: In this release agreement, the term KidsPlay
Sports shall include all activities, events or services provided, arranged,
organized, conducted, sponsored or authorized by the releasees and shall
include, but is not limited to: KidsPlay Sports; orientational and
instructional courses, seminars and sessions; travel, transport and
accommodation; and other such activities, events and services in any way
connected with or related to KidsPlay Sports.
Protective equipment: I have been advised to wear protective
equipment when deemed necessary when taking part in KidsPlay Sports. Wearing approved protective equipment may be
mandatory under provincial law.
Assumption of risks: I am aware that KidsPlay Sports involves
many risks, dangers and hazards. The
risks may include negligence of other participants; and negligence on the part
of the releasees, including the failure on the part of the releasees to
safeguard or protect me from the risks, dangers and hazards of KidsPlay
Sports.
I am aware of the risks, dangers and hazards associated with
KidsPlay Sports and I freely accept and fully assume all such risks, dangers
and hazards and the possibility of personal injury, death, property damage or
loss resulting therefrom.
Release of liability, waiver of claims and indemnity
agreement: in consideration of the
releasees agreeing to my participation in KidsPlay Sports and permitting my use
of their services, equipment and other facilities, and for other good and
valuable consideration, the receipt and sufficiency of which is acknowledged, I
hereby agree as follows:
1. To waive any and all claims that I have or may in the
future have against 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, as a result of my participation in
KidsPlay Sports, 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, on the part of the releasees,
and further including the failure on the part of the releasees to safeguard or
protect me from the risks, dangers and hazards of participating in KidsPlay
Sports referred to above;
2. To hold harmless and indemnify the releasees for any and
all liability for any property damage, loss or personal injury to any third
party resulting from my participation in KidsPlay Sports;
3. This release agreement shall be effective and binding upon
my heirs, next of kin, executors, administrators, assigns and representatives,
in the event of my death or incapacity;
4. 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 where the
KidsPlay Sports takes place and no other jurisdiction; and
5. Any litigation involving the parties to this release agreement
shall be brought solely within the province where the KidsPlay Sports takes
place and shall be within the exclusive jurisdiction of the courts of that
province.
In entering into this release agreement I am not relying on
any oral or written representations or statements made by the releasees with
respect to the safety of participating in, other than what is set forth in this
release agreement.
