TO: THORNBURY BUILDERS AND TRADES ASSOCIATION, its current and future executive committee members, its officers, directors, employees, representatives, agents, successors and assigns (hereinafter referred to together as the “Releasee”)
PARTICIPANT’S NAME: ____member name below_____(the “Participant”)
In consideration of the Releasee permitting me to participate in one or more of the various events and related activities organized, hosted, scheduled, promoted, or otherwise recommended by the Releasee (the “Events”), including, but not limited to, an annual golf tournament and family barbeque, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I agree as follows:
- I HEREBY WAIVE AND RELEASE the Releasee of and from liability for any and all loss, damage, expense, injury including death, claims, actions, causes of action, and demands whatsoever, that I have now or may have in the future, arising from or in any way connected with my participation in the Events or my use of the Releasee’s property, equipment, or facilities including, but not limited to, claims related to the negligence of the Releasee or breach of contract, and including the failure on the part of the Releasee to safeguard or protect me from the risks, dangers, and hazards of the Events.
- I HEREBY AGREE TO HOLD HARMLESS AND INDEMNIFY THE Release from and against liability for any and all loss, damage, expense, injury including death, claims, actions, causes of action, and demands whatsoever, from third parties, now or in the future, arising from or in any way connected with my participation in the Events or my use of the Releasee’s property, equipment, or facilities.
- I recognize that participation in the Events may be a dangerous activity and may involve many risks, dangers and hazards. I accept and assume all risks of injury (including death) to me, loss, damage, and expense. I freely accept and fully assume all risks, dangers and hazards and the possibility of personal injury, death or property damage or loss resulting therefrom.
- 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.
- This Agreement is governed by and shall be interpreted solely in accordance with the laws of Ontario and no other jurisdiction.
- Any litigation involving the parties to this Agreement shall be brought solely within the Province of Ontario.
- All of the terms of this Agreement are severable from each other and will survive the invalidity of any other term of this Agreement.
- In entering into this Agreement, I am not relying on any oral or written representations or statements made by the Releasee with respect to the safety of the Events, other than what is set out in this Agreement.
- This document may be executed and delivered by email, fax, or other electronic method and if delivered in this manner, shall be deemed to be an original copy.
I CONFIRM THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS THAT I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEE. I AM AWARE OF MY ABILITY TO OBTAIN INDEPENDENT LEGAL ADVICE.