BY AGREEING TO THIS ON-LINE WAIVER YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE, PLEASE READ CAREFULLY:
IN CONSIDERATION of allowing me to enter the Scenic Acres Community Centre to attend a function, class and/or program (the “Activity”) owned and operated by the Scenic Acres Community Association (the “Association”), I agree as follows:
1. I FULLY UNDERSTAND that there are risks and dangers associated with any form of gathering, physical activity or group program. These include, without limitation, permanent disability, paralysis and death, as well as property loss, economic loss and risk of other losses. These risks and dangers may be caused by my own actions or inactions, actions or inactions of other participants, volunteers, negligence of the Association, or any other cause whatsoever. I FULLY ACCEPT AND ASSUME all such risks and dangers and accept and assume responsibility for all losses, costs and damages which I incur or suffer, whether foreseeable or not, as a result of my participation.
2. I ACKNOWLEDGE, AGREE AND REPRESENT THAT:
a. I have satisfied myself that, and believe, that I am physically, emotionally, and mentally able and fit to participate in the Activity, and that my equipment, if applicable, is appropriate for use in the Activity;
b. I understand that all applicable rules and regulations for participating in the Activity must be followed and that at all times the sole responsibility for my personal safety remains with me;
c. I understand that it is my responsibility to remove myself from participating in the Activity if at any time I sense or observe any unusual hazard or unsafe condition or if I feel that I have experienced any deterioration in my physical, emotional, or mental fitness, or that of my equipment, if applicable, or exceeded my comfort level, for continued participation in the Activity;
d. I understand it is my responsibility to ensure that I have consulted a physician or other appropriate professional before participating in the Activity;
e. I HAVE READ AND UNDERSTAND THIS WAIVER and I am aware that by agreeing to this Waiver I am waiving certain substantial legal rights which I my heirs, my personal representatives, administrators, executors, and assigns may have against the Association; and
f. This COMPLETE RELEASE, WAIVER OF CLAIM AND ASSUMPTION OF RISK is binding on myself, my heirs, my personal representatives, administrators, executors, and assigns.
3. I HEREBY DECLARE THAT:
a. To the best of my knowledge, neither I, nor anyone in my household, is currently infected with the COVID-19 virus;
b. To the best of my knowledge, neither I, nor anyone in my household, has been infected with the COVID-19 virus;
c. Neither I, nor anyone in my household, has experienced any cold or flu-like symptoms in the last 14 days, including, without limitation, a fever, cough, sore throat, respiratory illness, and difficulty breathing;
d. If I, anyone in my household, has experienced any cold or flu-like symptoms, as described above, after I agree to this Waiver, I will not visit the Association for a minimum period of 14 days after the cold or flu-like symptoms have completely subsided;
e. Neither I, nor anyone in my household, has been outside of Canada in the past 14 days;
f. If I, or anyone in my household, has been outside of Canada and returned after I agree to this Waiver, I will not visit the Association for a minimum period of 14 days after their date of return to Canada;
g. I have had the opportunity to review the public health orders currently in effect, as specified at https://www.alberta.ca/covid-19-orders-and-legislation.aspx; and
h. I ACCEPT THE RISK OF CONTRACTING COVID-19 by choosing to attend the Activity.
4. I RELEASE, DISCHARGE, AGREE NOT TO SUE AND AGREE TO INDEMNIFY, SAVE AND HOLD HARMLESS the Association, its’ Directors, Officers, Staff, and Volunteers from all liability, claims, demands, losses or damages on my account caused or alleged to be caused by any reason whatsoever, including, without limitation, in whole or in part by the negligence of the Association, and I further agree that if, notwithstanding this Agreement, I or anyone on my behalf, makes a claim against the Association, I will indemnify, save and hold harmless the Association from any litigation expenses, legal fees, loss, liability, damage or cost which any and all of them may incur as a result of such claim.
5. This Waiver shall be interpreted and governed by the laws of the Province of Alberta. This Waiver shall be interpreted according to the laws of the Province of Alberta. My agreement as evidenced by transmission by electronic means shall be deemed to be an original signature and such signature shall be binding upon me.