The Park WAIVER AND RELEASE FORM
Assumption of Risk, Waiver of Claims, Release from Liability and Indemnity Agreement
I, the person noted above desire to use the facilities at The Park Okotoks (“The Park”) located at: #2 107 Stockton Point, Okotoks, AB T1S 1A3
This Assumption of Risk, Waiver of Claims, Release from Liability and Indemnity Agreement covers all activities at The Park.
1. Acknowledgement of Policies and Procedures‐ I acknowledge that I have read, know, understand, and agree to all of the policies and procedures relating to the use of the facilities at The Park and agree to comply with all rules, regulations, policies and procedures at The Park. I understand that The Park reserves the right to revoke or terminate my use of the facilities at The Park for any violation of rules, regulations, policies or procedures.
2. Assumption of Risk ‐ I am choosing to use the facilities at The Park at my own risk. I understand and acknowledge that the activities which I am (or/and any minor children for which I am the Parent, legal guardian, or otherwise responsible) about to voluntarily engage in as a participant and/or volunteer bears certain known risks and unknown risks, dangers and hazards that could result in injury, death, illness or disease, physical or mental, or damage to myself, or to spectators or third-parties, or to my, or their, property. I assume full responsibility for all risks that may arise from using the facilities at The Park or from participating in activities at The Park.
3.Risk Factors‐ I understand and acknowledge that the use of the facilities at The Park involves risks including, but not limited to the following: bruises, scraps, cuts, sprains, broken bones, concussions, dislocations and/or other bodily injury including, but not limited to, permanent disability, paralysis, and death. These risks may result from a variety of circumstances including the misuse of equipment or facilities, incomplete warnings or instructions, and the equipment being used becoming loose, out of adjustment, or malfunctioning. There is also a risk the Released Parties may be negligent in, among other things, monitoring and supervising the use of the facilities at The Park and in the maintenance and repair of such facilities.
4. Release, Indemnify, and Defend‐ I hereby release, waive, forever discharge, and hold harmless The Park, its shareholders, directors, officers, employees, volunteers, agents, independent contractors, subcontractors, representatives, subsidiaries, affiliates, related and affiliated entities, successors and assigns (the “Released Parties”), on behalf of myself, my spouse, my child(ren), my parent(s), my heir(s), assign(s), personal representative(s) and estate from any and all claims, demands, suits, causes of action, liabilities, judgments, costs and expenses for any property damage, loss or theft, personal injury or illness, death, or other loss arising in any way from the use of The Park, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE ON THE PART OF ANY OF THE RELEASED PARTIES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASED PARTIES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS DESCRIBED HEREIN. Should The Park or any of the Released Parties be required to incur legal fees and costs to enforce this Assumption of Risk, Waiver of Claims, Release from Liability and Indemnity Agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. Waiver‐ I hereby waive any protections afforded by any statute or law in any jurisdiction whose purpose and/or effect is to provide that a general release shall not extend to claims, material or otherwise which the person giving the release does not know or suspect to exist at the time of executing the release. I am releasing all unknown future claims.
6. Payment for damages‐ I agree to pay for any and all damages to any property or equipment at The Park as a result of my or my family’s (or participants which I am responsible for) actions whatsoever, including willful actions, neglect, or recklessness and agree to be held liable for all such costs associated with such damages.
7. Representatives‐ I enter into this agreement for myself as well as for my heirs, assigns, and legal representatives.
8. Insurance‐ I understand that I am solely responsible for any medical, health, or personal injury costs relating to my use of The Park and its facilities. I understand that I am strongly encouraged to have a medical physical exam and purchase health insurance prior to my use the facilities at The Park. I certify that I have adequate insurance to cover any injury or damage that I may cause or suffer while using the facilities at The Park, or else I agree to bear the costs of such injury or damage myself.
9. Arbitration- All parties to this agreement agree to mediate, in good faith, any dispute prior to initiating arbitration or litigation based on the laws of the Province of Alberta. The prevailing party in the event of arbitration or litigation shall be entitled to costs and reasonable attorney fees.
10. Media Consent - I hereby grant The Park permission to use myself or my children in a photograph, video, or other digital media (“photo”) for all purposes, including in any and all of its publications, including web-based publications, in perpetuity, without restriction and without payment or other consideration.
11. I understand and acknowledge that all of the aforemetnioned applies to all programs, events and activities through The Park Ltd, that I or my child(ren) are involved in. Including, but not limited to, drop-in play, Creative kids programs, parented and un-parented classes, educational programs and such.
In consideration of not being required to sign a new copy of this Assumption of Risk, Waiver of Claims, Release from Liability and Indemnity Agreement before each visit, I further agree that this Assumption of Risk, Waiver of Claims, Release from Liability and Indemnity Agreement shall apply to all future visits by me and by the minor participant until he/she is 18 years old.
In addition, by signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending The Park and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at The Park may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Park employees, volunteers, and program participants and their families.
On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless The Park, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of The Park, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Park program or activity
I have read and fully understand this Assumption of Risk, Waiver of Claims, Release from Liability and Indemnity Agreement and understand that it relates to surrendering and releasing valuable legal rights, including the right to sue or to claim compensation following an accident. I do so freely and voluntarily on behalf of myself and any minor child/children for which I am the parent, legal guardian, or otherwise responsible for, named above.
Consent and Release on Behalf of Minor by Parent/Legal Guardian:
I am the parent or legal guardian of the above named minor(s). I have read and understand this Assumption of Risk, Waiver of Claims, Release from Liability and Indemnity Agreement form and understand that it relates to surrendering valuable legal rights of the minor and myself, including the right to sue or to claim compensation following an accident. I agree to be bound by all the terms of the Assumption of Risk, Waiver of Claims, Release from Liability and Indemnity Agreement. I give my consent for participation at The Park.