PARTICIPANTS: READ THIS DOCUMENT CAREFULLY IN ITS ENTIRETY 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 Assumption of Risk and Limitation of Liability Agreement (this “Agreement”) below;
“Inherent Risks” are described below in the paragraph headed “Assumption of Inherent Risks”;
“Released Parties” are LDR Investment Group LLC, a Delaware limited liability company (“LDR”), and its respective managers, directors, affiliates, officers, employees, agents, contractors, insurers, spectators, co-participants, equipment suppliers, and volunteers; Blue Mountain Resort and its 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 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 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 any of the Released Parties on my behalf.
“Northbridge CFO Teambuilding” or the “Exercise” is a team building event that is taking place at Blue Mountain Resort, further described below in the paragraph headed “Assumption of Inherent Risks”.
“Venue” is the Blue Mountain Resort in Ontario, Canada, which is the location for the Northbridge CFO Teambuilding.
Paragraph headings shall not affect the interpretation of this Agreement. Unless the context otherwise requires, words in the singular shall include the plural, and words in the plural shall include the singular.
Assumption of Inherent Risks
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, traversing potentially wet and muddy areas, and other physically strenuous activities. 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, and other obstacles in close proximity); (3) challenging course conditions; (4) weather-related hazards (including heat, 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 (including 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, including those 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 or otherwise while at the Venue location, including, but not limited to, the base area, pavements, parking areas, and the overall course); 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 the gross negligence of LDR or the Released Parties, respectively. 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 Agreement and my consent to the terms of the this 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.