1. In consideration of Durham Condominium Corporation 102 (DCC102) opening the ‘amenities’ for use by residents of 2 Westney Rd N Ajax L1T 3H3, which includes:
a. Pool/Spa
b. Gym
c. Sauna
d. BBQ area
2. I, on behalf of myself and any minor child/children for whom I am the legal guardian, I hereby acknowledge and agree to the following:
a. I understand the hazards of the novel coronavirus (“COVID-19”) and am familiar with the current Public Health Ontario (PHO) guidelines regarding COVID-19. I acknowledge and understand that the PHO guidelines are regularly modified and updated, and I accept full responsibility for familiarizing myself with the most recent updates.
b. Notwithstanding the risks associated with COVID-19, which I readily acknowledge, I hereby willingly choose to engage in the Activities in section (1) above.
c. I acknowledge and fully assume the risk of injury, illness, or death related to COVID-19 arising from my participation in the Activities. On behalf of myself and any minor children for whom I am the legal guardian, I hereby waive, release, and forever discharge DCC102 and its officers, directors, managers, agents, and employees and their respective heirs, successors, and assigns (hereinafter collectively, “Released Parties”) from and against any and all claims, actions, causes of action, costs, and expenses, including, without limitation, reasonable lawyer’s fees, related to COVID-19, which arise out of or as a result of my participation in the Activities (“Released Claims”). I covenant not to sue the Released Parties for or in connection with any of the Released Claims.
d. I further agree to defend, indemnify, and hold harmless the Released Parties from and against any and all Released Claims.
e. I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE RELEASED CLAIMS.
f. This Agreement and the provisions contained herein shall be construed, interpreted, and controlled according to the laws of the Province of Ontario. This Agreement shall be binding upon me and my heirs and personal representatives.
By execution below, I acknowledge and represent (i) that I have read the foregoing Wavier of Liability and Hold Harmless Agreement, (ii) that I understand it and sign it voluntarily as my own free act and deed, (iii) that no oral representations, statements, or inducements, apart from the foregoing written Agreement, have been made, (iv) that I am at least eighteen (18) years of age and fully competent, and (v) that I execute this Agreement for full, adequate, and complete consideration fully intending to be bound.