1. This ACKNOWLEDGEMENT, RELEASE, INDEMNITY and ASSUMPTION of RISK regarding COVID-19 (this "Waiver”) is to be signed by / regarding each Attendee at the Event.
2. The undersigned, being the Attendee and, if the Attendee is under the age of 18, the Parent/Guardian of the Attendee (each a “Party” and collectively the “Parties”), acknowledge(s) and agree(s) that:
(a) the World Health Organization has classified the Coronavirus Disease (“COVID-19”) outbreak as a global pandemic and are aware of the risks of COVID-19;
(b) they are aware of the risks to personal health, including by the failure to follow physical distancing, flowing from COVID-19;
(c) they are assuming all health risks and adverse health related consequences to the Parties caused by or arising from attendance at the Event, or before or after the Event, or travelling to or from the Event (the “Assumed Risks”);
(d) they will abide by the Organizer’s policies, procedures and protocols, and all federal, provincial and municipal laws, regulations, by-laws and orders as they may exist from time to time;
(e) each of the Parties hereby releases the Organizer, the owner(s)/operator(s) of the facility or facilities being used in relation to the Event, and Ontario Equestrian, their respective directors, officers, committee members, members, employees, coaches, volunteers, officials, agents, sponsors, and representatives (collectively the "Releasees") from all liability, recourse, proceedings, claims, and causes of action of any kind whatsoever, in respect of all damages, personal injuries, death, or property losses which either or both of the Parties may suffer arising out of or connected with the Assumed Risks, or the content or implementation of the Organizer’s policies, procedures and protocols (including without limitation the conduct of any screening of any individual), notwithstanding that any such losses were caused solely or partly by the negligence of any of the Releasees;
(f) if the Attendee is under the age of 18, the Parent/Guardian of the Attendee hereby indemnifies and holds harmless the Releasees from any and all damages or losses of any kind as a result of any and all claims, demands, causes of action of any kind whatsoever including those involving negligence on the part of any of the Releasees that may be made or initiated by arising out of or connected with the Assumed Risks and the content or implementation of the Organizer’s policies, procedures and protocols as they relate to either or both of the Parties;
(g) each Party understands that none of the Releasees assumes any responsibility whatsoever for the safety of either or both of the Parties during the course of the Event, or before or after the Event, or travelling to or from the Event;
(h) each Party will comply with the Organizer’s policies, procedures and protocols and that any failure on the part of either or both of the Parties to comply with the Organizer’s policies, procedures and protocols may have consequences (including without limitation a withdrawal of permission to attend or to continue to attend the Event) and could jeopardize relevant insurance coverage;
(i) each Party understands that the implementation of the Organizer’s policies, procedures and protocols may involve the collection, use and disclosure of personal information about of either or both of the Parties and each of the Parties consents to same;
(j) each Party has carefully read this Waiver, and that each Party fully understands, and is freely and voluntarily executing, same;
(k) each Party has been given the opportunity, and that each Party is encouraged, to seek independent legal advice prior to signing this document;
(l) each Party understands that the Organizers would not permit either or both of the Parties to attend the Event unless the Parties have signed this Waiver;
(m) this Waiver is in addition to, and not a replacement for, any separate release, waiver, consent, or indemnity agreement which the undersigned has signed or to which the undersigned has otherwise agreed in relation to Ontario Equestrian or the Event; and
(n) this Waiver is binding on each of the Parties, and their respective heirs, executors, administrators, personal representatives and assigns.