PLEASE READ CAREFULLY. THIS IS A LEGALLY BINDING DOCUMENT. BY SIGNING BELOW, YOU ARE GIVING UP CERTAIN IMPORTANT LEGAL RIGHTS.
IF PARTICIPANTS ARE UNDER THE AGE OF MAJORITY:
WHEREAS I, the undersigned (the “Participant”) desire to participate in the [PARTICIPACTION 150 PLAY LIST] Activation (the “Event”) which includes the opportunity for me to participate in certain physical activities that may require me to try certain sport simulators and/or participate in activities (the “feature activity”) that may require me to run, jump, throw, or physically move alongside others (the “Event Task”);
NOW THEREFORE, in consideration for the opportunity to participate in the Event and complete the Event Task, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I, on behalf of myself and my successors, heirs, assigns and anyone else who may make any claim for or on my behalf, hereby irrevocably and unconditionally agree with and represent to ParticipACTION (the “Sponsor”), as follows:
• I have reached the legal age of majority in my jurisdiction of residence and have every right to contract in my own name and execute this Release and Waiver of Liability (“Release”), or I have had my parent/legal guardian sign this Release where indicated below;
• I represent and warrant that I am in good health and physical condition and can participate in the Event and the Event Task. Without limiting the generality of the foregoing, I represent and warrant that I do not have, nor am I aware of, any medical condition(s) that may impact my participation in the Event and/or the Event Task. I understand and agree that it is my obligation to disclose to the Sponsor any medical conditions and/or any medications that could result in any injury or damage to me or any other
person(s) as a result of my participation in the Event and the Event Task;
• I acknowledge and understand that my participation in the Event and the Event Task may involve certain risks and dangers of accidents, injuries, losses and/or damages, including, but not limited to, personal and bodily injury, death and/or injury to property (the “Risks”) and that I understand, have considered and have evaluated the nature, scope and extent of the Risks involved, and I voluntarily and freely choose to assume these Risks;
• I hereby fully and forever release the Sponsor, as well as its Premier Partners, Shaw Communications Inc., General Motors of Canada Company, the Manufacturers Life Insurance Company, the Minister of Canadian Heritage, and the BC Ministry of Health, as well as each of their respective parent companies, subsidiaries, associated and affiliated entities, suppliers, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, production, implementation, administration, judging or fulfillment of the Event, and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the “Released Parties”) from any and all causes of action, lawsuits, losses, damages, injuries (including, but not limited to, personal and bodily injuries, death and injury to property) howsoever caused (whether by negligence or otherwise), claims, demands, sums, expenses (including, but not limited to, legal fees), and all other liability of any kind whatsoever, that arise, directly or indirectly, out of or in connection with the Event and/or the Event Task, including, without limitation, my participation in the Event and the Event Task;
• I hereby agree not to initiate any lawsuit, court action or other legal proceeding against the Released Parties or any of them, nor to join or assist in the prosecution of any claim for damages, which anyone may have, on account of loss, damage or injury sustained by me or others in connection with the Event and/or the Event Task, including, without limitation, my participation in the Event and the Event Task;
• I agree to hold harmless and indemnify the Released Parties from any and all liabilities, losses, sums, damages, demands, costs and expenses incurred or suffered by any of the Released Parties that arise, directly or indirectly, out of or in connection with the Event and/or the Event Task, including, without limitation, my participation in the Event and the Event Task;
• I understand that the Released Parties do not provide any insurance, either life, medical or liability, for any illness, accident, injury, loss, or damage that may arise in connection with my participation in the Event and/or the Event Task. I agree that I will pay my own medical emergency expenses and all subsequent medical expenses in the event of any illness, accident, or injury in connection with the Event and the Event Task, including, without limitation, my participation in the Event and the Event Task;
• I agree that if Sponsor deems, in its sole and absolute discretion, that I am participating in any illegal activity or disorderly or inappropriate conduct before, during or after the Event (including, but not limited to, while I am participating in the Event Task),
Sponsor reserves the right to terminate my participation in the Event and the Event Task immediately;
• I give my permission, irrevocably and in perpetuity, to the Sponsor and its Premier Partners to reproduce, copy, publish, broadcast, or otherwise use: (i) my name; (ii) my likeness; (iii) my voice; and (iv) any comments attributed to me (collectively, the “Assets”) that
may be filmed, photographed, recorded or otherwise captured by or on behalf of the Sponsor and/or its Premier Partners while I am a participant on the Event and the Event Task, or any material based upon or derived therefrom, or to refrain from so doing, in whole or in part, in any manner or media whatsoever. I acknowledge that the decision to use or not use the Assets is in the sole and absolute discretion of the Sponsor and/or the Premier Partners (as applicable) and that I shall have no right of approval, no claim to additional compensation or benefit, and no other claims arising, directly or indirectly, out of the use of the Assets. Further, I agree that any and all materials (the “Materials”) created by or for Sponsor or the Premier Partners that incorporate, in whole or
in part, the Assets shall remain the sole and exclusive property of Sponsor or the Premier Partners (as applicable) and that Sponsor or the Premier Partners (as applicable) shall retain all intellectual property rights that exist in the Materials. Further, to the extent that I may have any moral rights in the Materials, I hereby waive all such moral rights in favor of Sponsor and the Premier Partners;
• I acknowledge that if any portion of this Release is held to be invalid or unenforceable, all other provisions shall nevertheless continue to be valid and enforceable. This document is governed by the domestic laws of the Province of Ontario and operates to the benefit of the Released Parties, as well as their administrators, successors and assigns, and is binding on me and my heirs, administrators, successors, assigns, insurers and estate; and
• I agree that no additional rights or consents are necessary to grant the rights to Sponsor and the Premier Partners as provided herein.
• The parties acknowledge having consented that this Release and all documents, notices and judicial proceedings entered into, given or instituted pursuant hereto, or relating directly or indirectly pursuant hereto, shall be in the English language.
I HAVE READ THIS RELEASE CAREFULLY. I FULLY UNDERSTAND ITS CONTENTS, AND VOLUNTARILY AGREE TO ITS TERMS. BY SIGNING THIS RELEASE, I UNDERSTAND THAT I AM GIVING UP CERTAIN IMPORTANT LEGAL RIGHTS.