Northbridge IT Teambuilding Event (June 5-7, 2018)
ASSUMPTION OF RISK, LIMITATION OF LIABILITY AGREEMENT
PARTICIPANTS: READ THIS DOCUMENT CAREFULLY BEFORE SIGNING.
Definitions and Interpretation
“Claim(s)” means all claims and actions for losses, costs, expenses and damages, including legal fees and related expenses;
“I /me/my/Participant” is you, who will be a participant in the aforementioned event and has signed this Agreement below;
“Inherent Risks” are described below in the paragraph headed “Assumption of Inherent Risks”;
Released Parties are together LDR Investment Group LLC (“LDR”) and its respective directors, affiliates, officers, employees, agents, contractors, insurers, spectators, co-participants, equipment suppliers, and volunteers; Blue Mountain Resort and their directors, officers, employees, agents, contractors, insurers, equipment suppliers, and volunteers; 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 are together my spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else bringing a Claim against LDR or the Released Parties on my behalf.
“Northbridge IT Teambuilding” is a team building event that is taking place at Blue Mountain Resort, further described below in the paragraph headed “Assumption of Inherent Risks”; LDR is a Delaware limited liability company; and “Venue” means the Blue Mountain Resort.
Paragraph headings shall not affect the interpretation of this Agreement. Unless the context otherwise requires, words in the singular shall include the plural and in the plural, include the singular.
Assumption of Inherent Risks
Northbridge IT Teambuilding (hereafter referred to as the “the Exercise”) is meant to be a team building exercise that takes place over two days at the Blue Mountain Resort in Ontario, Canada. The object is to complete the course both individually and as a team. Some of the activities include running, climbing, carrying equipment, rope course work, and traversing potentially wet and muddy areas. In summation, the Exercise is a slightly hazardous activity that presents a physical challenge to participants.
I acknowledge that inherent risks are risks involved with the Exercise that cannot be eliminated completely regardless of the care, measures and precautions taken by LDR and are further described below (“Inherent Risks”). I also understand that the Exercise is a strenuous event and that there are risks and dangers generally in taking part in such activities.
I understand and acknowledge that the Inherent Risks include, but are not limited to: (1) my contact or collision with other persons or objects (e.g. with other participants or natural or man-made fixed objects or obstacles); (2) my encounter with obstacles (e.g. natural and man-made water, road and surface hazards, close proximity); (3) challenging course conditions; (4) weather-related hazards (i.e., cold, humidity, ice, rain, fog); (5) judgment and/or behavior related problems by me during the event; (6) erratic or inappropriate co-participant behavior; and (7) natural hazards (i.e., uneven terrain, rock falls, ice, lightning strikes, earthquakes, wildlife attacks, contact with poisonous plants, marine life and/or ticks).
I further understand and acknowledge that any Inherent Risk, not specifically named, may cause injury or injuries that may be categorized as minor or serious. Injuries are infrequent but possible, and include, but are not limited to: scrapes, bruises, sprains, strains, muscle tension and soreness, nausea, cuts, sunburn, abrasions, grazes, lacerations, and contusions.
If I believe or become aware that any aspects of the Exercise course, facilities or equipment are unsafe or pose unreasonable risks, I agree to immediately notify appropriate LDR on-site personnel. I accept full and sole responsibility for the condition and adequacy all of my own equipment that I bring to the Venue.
I understand fully the Inherent Risks involved in the Exercise and assert that I am willingly and voluntarily participating in the Exercise. I have read the preceding paragraphs and acknowledge that:
Limitation of Liability: I hereby forever waive, release, covenant not to Claim, and discharge LDR and the other Released Parties from any and all Claims that I may have arising out of my participation in the Exercise, resulting from the Inherent Risks and possibility of personal injury from incidents or illnesses arising from participation in the Exercise, which may include injury caused during the event, and while at the Venue location (including, but not limited to base area, pavements, parking areas, the overall course); and/or resulting from damage to, loss of, or theft of my property during the event.
Indemnity: I hereby agree to reimburse LDR and the other Released Parties in respect of:
EXCEPT FOR Claims arising from either LDR or the Released Parties’ gross negligence. This indemnity shall survive the expiration or termination of the event.
Entire Agreement This Agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire Agreement between me and LDR relating to its subject matter, and cannot be modified or changed in any way by representations or statements by any agent or employee of LDR.
I agree that my participation in the Exercise and related activities is subject to: (1) the terms of this Entry and Participation Agreement, my consent to the terms of the Assumption of Risk, Limitation of Liability and Indemnity Agreement; and (2) all directions, instructions and decisions of LDR. I confirm that I am aged 18 or over.
Acknowledgment of Understanding I have read this Agreement and fully understand its terms. I understand that I am limiting my rights, including my right to sue. I further acknowledge that I am signing the Agreement freely and voluntarily.