2019 Sun Life Ride to Defeat Diabetes for JDRF Waiver
WAIVER/RELEASE: ASSUMPTION OF RESPONSIBILITY, RISKS AND LIABILITY WAIVER - BY SIGNING THIS LEGAL DOCUMENT, YOU WILL BE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE - PLEASE READ CAREFULLY. ASSUMPTION OF RISKS AND ASSUMPTION OF RESPONSIBILITY - I REALIZE THAT THERE ARE POTENTIAL RISKS INHERENT IN MY VOLUNTARY PARTICIPATION IN THIS EVENT.
I acknowledge that I am the Participant or the applicable Parent/Guardian of the Participant referred to herein and the Participant is physically fit and able to participate in the Sun Life Ride to Defeat Diabetes for JDRF (the “Event”), and that there are no medical or health concerns, known or unknown to me, which would affect the Participant’s participation in the Event. I acknowledge the Event is physically demanding and that there is a risk of injury. I freely and voluntarily accept and assume all such risks, dangers and hazards, including the possibility of personal injury, illness, death, violence, property damage, expense or loss, which may occur as a result of participating in this Event, including any personal injury, illness, death, violence, property damage, expense or loss resulting or arising from travel to or from the Event, attendance at the Event or any other related activities during this Event. I accept my responsibility to ensure that the Participant abides by all applicable laws of the Province of Ontario and the laws of Canada applicable therein, and will ensure that the Participant has adequate medical coverage, protects his/her personal possessions, and obey all the rules set out for this Event.
WAIVER AND RELEASE - BY SIGNING THIS WAIVER AND RELEASE I HEREBY ACKNOWLEDGE that in consideration of approval to participate in this Event, I hereby agree, on behalf of myself, the Participant, and the Participant’s heirs, executors, insurers, administrators, and assigns (the “Releasors”), to indemnify, hold harmless, waive, release and forever discharge the Juvenile Diabetes Research Foundation Canada (“JDRF”), its parents, subsidiaries, affiliates and all of their respective officers, directors, partners, employees, agents, service providers, contractors, insurers, trustees and all of their respective successors and assigns, and all sponsors, officials, employees, volunteers, organizers and any other party or person connected with this Event in any way (the “Releasees”) from all Claims (hereinafter defined) whatsoever of every nature and kind, whether arising at law, in equity or under any applicable statute or regulation of Canada, any province or otherwise applicable, howsoever arising, whether unanticipated or anticipated, present or future, known or unknown, in any way relating to or arising from or in connection with my participation in the Event and activities associated with it, whether as a spectator, participant, or competitor in the Event, whether or not any such Claim occurs prior to, during or subsequent to the Event, and notwithstanding that any such Claim may have been caused by, contributed to or occasioned by the negligence, carelessness, neglect blame or liability of the Releasees.
The Participant and if applicable the Parent/Guardian further agree, on behalf of itself and themselves, and anyone entitled to act on behalf of the Participant, including their respective heirs, executors, administrators, successors and assigns, not to make any Claim or to commence or maintain any action or proceeding, against any person or corporation that might claim contribution or indemnity or seek declaratory relief in a third party proceeding under the provisions of any applicable law or otherwise in respect of any matter in any way relating to the Event, without the consent of JDRF. The Participant and if applicable the Parent/Guardian further agree to save harmless and indemnify JDRF of and from any and all liability for any such Claim.
For the purposes of this Release and Waiver, the term “Claim” includes any claims, disputes, demands, complaints, actions, application, suits, causes of action, injunctive or any other relief, accountings, charges, debts, dues, duties, interest, penalties, liabilities, expenses, costs, damages, or losses, contingent or otherwise, of any kind or nature, whether liquidated or unliquidated, matured or unmatured, disputed or undisputed, contractual, legal or equitable, including loss of value, professional fees, including fees and disbursements of legal counsel on a full indemnity basis, and all costs incurred in investigating or pursuing any of the foregoing or any proceeding relating to any of the foregoing and the term “Claims” shall refer to each Claim collectively.
This Release and Waiver is for the benefit of the Releasors and is binding upon the Participant, the Parent/Guardian, and it may be raised as a complete bar to any and all Claims in respect of the Participant’s attendance or participation in the Event.
The provisions of this Release and Waiver shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein. I irrevocably attorn to the jurisdiction of the Ontario courts, and hereby agree to commence any proceeding in Toronto, Ontario. The parties waive all questions of personal jurisdiction or venue for the purpose of carrying out this provision.
USE OF INFORMATION - I, the Undersigned, give permission to JDRF and its sponsors to use photographs and/or video and/or audio of me taken at or during the Event, within JDRF or its sponsors’ programs, events and promotional initiatives such as, but not limited to, newsletters, articles, publications, websites, social media, print, and presentations. I hereby release the JDRF and its sponsors from all manner of Claims related to or arising from such use.
I have read, understand and signed this Release and Waiver of my own free will.