In consideration of (the “Student”) being permitted the opportunity to attend and participate in activities (the “Activities”) provided by the Face of Today Foundation and its related entities and community partners (the “Group”), or successor representatives, and for such other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1. I accept and assume all of the risks so associated with the Student’s attendance at and participation in the Activities and acknowledge that the participation of the Student in the Activities is purely voluntary. I hereby acknowledge that the Activities may entail anticipated and unanticipated risks that simply cannot be eliminated, including with regard to the ongoing COVID-19 pandemic (“COVID-19”). I understand that the novel coronavirus causes the disease known as COVID-19 and that it has a long incubation period during which carriers of the virus may not show any symptoms and may still be contagious. I acknowledge that participating in the Activities may increase my risk of contracting the novel coronavirus. I accept and elect to take responsibility for all risks, including the risk of contracting COVID-19.
2. I warrant that the Student is in good health and know of no reason, medical or otherwise, as to why the Student should not be permitted to participate in the Activities. I further warrant that within the last two weeks the Student has not travelled outside of Canada, has not tested positive for COVID-19, has not been in contact with anyone who has tested positive for COVID-19, and has not exhibited any cold or flu like symptoms including without limitation a fever over 38 degrees Celsius, cough, sore throat, or shortness of breath.
3. I covenant not to sue and to release, and forever discharge the Group and its employees, agents, contractors, volunteers, heirs, administrators, executors, personal representatives, successors and assigns (the “Indemnitees”), from and against any and all actions, causes of action, suits, debts, contracts, claims, demands, liabilities and damages, of every nature and kind whatsoever, whether existing now or at any time hereafter, relating to or arising out of the Student’s attendance at or participation in the Activities, whether by the negligence of the Indemnitees or otherwise, including those relating in any way to COVID-19, to the full extent permitted by law.
4. I agree to indemnify and hold completely harmless the Indemnitees from and against all actions, damages, debts, claims, demands, losses, costs and expenses (including without limitation legal costs on a full indemnity basis) (collectively, “Claims”), which may be brought by or against the Indemnitees, or by or on behalf of the Student, or which the Indemnitees or the Student may suffer or incur, which relate to or arise out of the Student’s attendance at or participation in the Activities including, without limitation, those Claims arising by reason of the negligence of the Indemnitees, breach of warranty, and/or claims relating in any way to COVID-19, to the full extent permitted by law.
5. I agree that if a court or other tribunal of competent jurisdiction determines that any one or more of the provisions contained in this document is invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.
6. I represent that I have legal authority and am of lawful age to sign this agreement, or, if signing in a representative capacity, I confirm that I have legal authority to sign in such a capacity for the Student who is a minor child or ward.
7. In entering into this agreement, I am not relying on any oral, written or visual representations or statements made by the Indemnitees, including those in any brochures or printed literature.
8. I accept the terms of this agreement and agree that it will be binding on my heirs, next of kin, executors, administrators and successors.
I confirm that I have read and understood this agreement prior to signing it.