VOLUNTARY ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT
Women Who Explore Event, Yosemite, 2017
PARTICIPANTS: READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL LIMIT YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.
Released Parties include Women Who Explore and its affiliates and their respective directors, officers, employees, agents, contractors, insurers, spectators, co-participants, equipment suppliers, and volunteers; VENUE and its directors, officers, employees, agents, contractors, insurers, equipment suppliers, and volunteers; all Women Who Explore event sponsors, organizers, promoters, directors, officials, property owners, and advertisers; governmental bodies and/or municipal agencies whose property and/or personnel are used; and any or all parent, subsidiary or affiliate companies, licensees, officers, directors, partners, board members, supervisors, insurers, agents, equipment suppliers, and representatives of any of the foregoing.
Releasing Parties include: the participant (and/or my participating minor child/ward) as well as participant’s (and/or my participating minor child/ward’s) spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on participant’s (and/or my participating minor child/ward’s) behalf.
Voluntary Assumption of Inherent Risks: The Women Who Explore event(hereafter referred to as the WWE Event) is meant to be a fun weekend of outdoor and indoor activities. The hikes and water activities will not be guided and Women Who Explore. acts only to bring a group of like minded individuals together.
I acknowledge that the WWE Event is a test of my physical and mental abilities that carries with it inherent risks of physical injury. Inherent risks are risks that cannot be eliminated completely, regardless of the care and precautions taken by Women Who Explore. (hereafter used when referring to the corporate entity and Released Parties).
I understand and acknowledge that the inherent risks include, but are not limited to: 1) contact or collision with persons or objects, contact with natural obstacles, and unexpected encounters with wildlife; 2) weather-related hazards (e.g., extreme heat, extreme cold, humidity, ice, rain, fog); 3) inadequate first aid and/or emergency measures; and 4) judgment- and/or behavior related problems (e.g., erratic or inappropriate co-participant behavior, erratic or inappropriate behaviour by the participant, errors in judgment by personnel working the Event.)
I further understand and acknowledge that any of these risks and others, not specifically named, may cause injury or injuries that may be categorized as minor, serious, or catastrophic. Minor injuries may include, but are not limited to: scrapes, bruises, sprains, strains, muscle soreness, nausea, cuts, sunburn, abrasions, and contusions. Serious injuries are less common, but do sometimes occur. They include, butare not limited to broken bones, fractures, torn or strained ligaments and tendons, concussions, dehydration, heat exhaustion and other heat-related illnesses, mental stress or exhaustion, infection, vomiting, dislocations, hyperthermia, hypothermia, anemia, electrolyte imbalance, loss of consciousness, dizziness and fainting. Catastrophic injuries are rare; however, we feel that participants should be aware of the possibility. I also understand that it is my responsibility to consult with my personal physician prior to participating in the WWE Event to ensure that such participation will not pose any unusual risks to my health and well-being.
I UNDERSTAND FULLY the inherent risks involved in the WWE Event and assert that I (and/or my participating minor child/ward) am/are willingly and voluntarily participating in the WWE Event. I have read the preceding paragraphs and acknowledge that 1) I know the nature of the WWE Event; 2) I understand the demands of this activity relative to my (and/or my participating minor child/ward’s) physical condition; and 3) I appreciate the potential impact of the types of injuries that may result from the WWE Event. I hereby assert that I knowingly and willingly assume all of the inherent risks of the activity on my behalf and/or on behalf of my minor child/ward and take full responsibility for any and all damages, liabilities, losses, or expenses that I (and/or my participating minor child/ward) may incur as a result of participating in the WWE Event.
I understand that it is my responsibility to be responsible for myself, and if I believe or become aware that any are unsafe or pose unreasonable risks, I agree to immediately notify appropriate personnel. I (and/or my participating minor child/ward) accept full and sole responsibility for the condition and adequacy of my/our equipment and assert we have the knowledge to operate the equipment in a safe manner. I understand that the activities are not guided and I am folly responsible for navigating the activities on my own.
Waiver of Liability for Ordinary Negligence: In consideration of being permitted to participate in the WWE Event, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I (on behalf of the Releasing Parties) hereby forever waive, release, covenant not to sue, and discharge Women Who Explore. from any and all claims resulting from the INHERENT RISKS of the WWE Event or the ORDINARY NEGLIGENCE of Women Who Explore (or other Released Parties) that I (and/or my participating minor child/ward) may have arising out of my/our participation in the WWE Event.
Waiver of Liability for Breach of Statutory Duty: In consideration of being permitted to participate in the WWE Event, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, I (and/or my participating minor child/ward) (on behalf of the Releasing Parties) hereby forever waive, release, agree not to sue, and discharge Women Who Explore and other released parties from any and all claims arising from any statutory duty of care, including any duty of care owed under the Occupier’s Liability Act, R.S.O. 1990, O.2 on the part of the Releasees, and further including the failure on the part of the Releasees to take reasonable steps to safeguard or protect me/us from the risks, dangers, and hazards of participating in the WWE Event.
This agreement applies to 1) personal injury (including death) from incidents or illnesses arising from the WWE Event participation, which includes injury during the event, medical treatment, and while on the premises (including, but not limited to sidewalks, parking areas, restrooms, and dressing facilities); and 2) any and all claims resulting from damage to, loss of, or theft of property.
In consideration of being permitted to participate in the WWE Event and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I hereby agree to hold harmless, defend and indemnify Women Who Explore (and the other Released Parties) from and against any and all claims of co-participants, rescuers, and others arising from my conduct in the course of my (and/or my participating minor child/ward’s) participation in the WWE Event. For the purposes hereof, “claims” includes all actions and causes of action, claims, losses, costs, expenses and damages, including legal fees and related expenses. This indemnity shall survive the expiration or sooner termination of the WWE Event.
Severability: I understand and agree that this Agreement is intended to be as broad and inclusive as is permitted by the Province in which the WWE Event is held and that if any provision shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be severed from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Agreements for the Protection of Participants:
I represent and warrant that I (and/or my participating minor child/ward) am/are in good health and in proper physical condition to safely participate in the WWE Event. I certify that I (and/or my participating minor child/ward) have no known or knowable physical or mental conditions that would affect my/our ability to safely participate in the WWE Event, or that would result in my/our participation creating a risk of danger to myself or to others.
I represent and warrant that I (and/or my participating minor child/ward) am/are in full command of my/our faculties and am/are not under the influence of alcohol or drugs and agree not to participate in a WWE Event while under the influence of alcohol and/or drugs. I assert that I (and/or my participating minor child/ward) have not been advised or cautioned against participating by a medical practitioner.
I understand that it is my responsibility to continuously monitor my own (and/or my participating minor child/ward’s) physical and mental condition during the Event, and I agree to withdraw immediately and to notify appropriate personnel if at any point my/our continued participation would create a risk of danger to myself or to others. In the event of an injury to me (and/or to my participating minor child/ward) that renders me/us unconscious or incapable of making a medical decision, I authorize appropriate Women Who Explore personnel and emergency medical personnel at the event to make emergency medical decisions on my/our behalf (including, but not limited to CPR and AED). I authorize Women Who Explore to secure emergency medical care or transportation (i.e., EMS) when deemed necessary by Women Who Explore
Photography: I understand that any and all photographs, motion pictures, recordings, and/or likenesses of me (and/or my participating minor child/ward) captured during the WWE Event by Women Who Explore, its affiliated entities or contractors, and/or the media become the sole property of Women Who Explore. I grant the right, permission and authority to Women Who Explore and its designees to use my name (or any fictional name), picture, likeness, portrait, motion pictures, recordings, and/or likenesses (collectively “Images”) in all forms and in all media and in all manners, without any restriction as to changes or alterations for advertising, trade, promotion, exhibition, or any other lawful purposes, and I waive any right to inspect or approve the Images including written copy that may be created and appear in connection there with. I further understand that Women Who Explore and its designees have the full right to sell and/or profit from the commercial use of such Images. I hereby release and agree to hold harmless Women Who Explore, its assigns, licensees, successors in interest, legal representatives and heirs from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the recording of the Images, or in any processing tending toward the completion of the finished product. I agree that Women Who Explore owns the copyright in these Images and I hereby waive any claims I may have based on usage of the Images or works derived there from, including but not limited to claims for either invasion of privacy, personality rights or libel.
Majority Age: I represent and warrant that I have reached majority age.
Acknowledgment of Understanding: I have read this Assumption of Risk, Waiver of Liability, and Indemnification Agreement and fully understand its terms. I understand that I (and/or my participating minor child/ward) am/are giving up substantial rights, including my/our right to sue. I further acknowledge that I (and/or my participating minor child/ward) am/are freely and voluntarily signing the agreement and participating in the WWE Event, and intend my signature to be a complete and unconditional release of all liability due to ORDINARY NEGLIGENCE of Women Who Explore. (and other Released Parties) or the INHERENT RISKS of the activity, to the greatest extent allowed by law in the Province in which the WWE Event is held.