Snow Algae Citizen Science SFU Liability Waiver

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT

BY SIGNING THIS AGREEMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS,
INCLUDING THE RIGHT TO SUE OR TO CLAIM COMPENSATION FOLLOWING AN
ACCIDENT

PLEASE READ CAREFULLY!

NAME*

ADDRESS*

Email*

example@example.com

Telephone

This Release Agreement applies to and protects SFU and its Board of Governors, officers, directors, employees, agents, independent contractors, subcontractors, representatives, successors and assigns and all instructors, coaches, managers, volunteers, sponsors, officials and officers in any way involved or connected with the Activities and other group activities members including SFU faculty, staff, and students while involved in the Activities (collectively, the "Releasees" In consideration for being permitted to participate in certain data collection or activities provided or facilitated by Quarmby Lab in the Department of Molecular Biology and Biochemistry at SFU (collectively, the "Activities") I acknowledge and agree to the following:

I am aware that participation in the Activities involves various risks, dangers and hazards, including but notlimited to the risk of serious injury or death, property damage, expense and other loss, delay or inconvenience, and negligence on the part of the Releasees, which includes failure by the Releasees to take reasonable steps to safeguard or protect me from injury or from the risks, dangers and hazards of participation in the Activities. Participation in the Activities involves the risk of exposure to infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact. These Activities are unsupervised and involve risks inherent in outdoor recreation and wilderness environments, which include but are not limited to severe weather, earthquake, falling rocks, avalanches, slips and falls, falls from heights, travelling on uneven surfaces including steep mountain sides, cliffs, crevasses, and tree wells, interaction with wildlife, fast running water, disorientation, and transportation or pedestrian accidents involving transportation modes such as automobile, bicycle, van, bus, air or other conveyance, involving risks associated with such travel in poor travel conditions.*

Initial

I further understand and acknowledge that any of these risks and others, not specifically named, may cause injury orinjuries. Minor injuries may include, but are not limited to: grazes, cuts, bites and bruises, blisters or muscle soreness, rashes or minor allergic reactions, dizziness, nausea or vomiting, disorientation or upset. Serious injuriesare less common, but may sometimes occur. They include, but are not limited to hypothermia, frostbite, high altitude sickness, muscle or tendon pulls and tears; joint injuries including strains, sprains or dislocations; fractured bones; facial injuries including damage to eyes or teeth; ruptures and injuries to internal organs, concussions or injuries tothe brain or spinal cord. Catastrophic injuries leading to death, or serious disability are rare; however, I acknowledge that they are possible.*

Initial

I understand that it is my responsibility to learn about and understand the risks, dangers and hazards of participating in the Activities including the use of appropriate footwear, equipment, safety devices, helmets,and clothing for varying weather conditions and it is my responsibility to familiarize myself with the testing equipment to be used before participating. I understand that medical aid may be limited or delayed.*

Initial

I have satisfied myself and believe that I am physically and mentally able to participate in the Activities. I acknowledge that medical treatment may not be readily available. I have appropriate medical insurance based onmy own needs and I understand that Simon Fraser University will not be providing nor arranging for any medical coverage and that I will be personally responsible for all medical costs and deductibles not covered by my personal insurance. In case of an injury or illness, I agree to bear the cost of any evacuation and medical care, including, byway of example, by ambulance, helicopter, rescue team or other professional medical care given, for me.*

Initial

I hereby authorize SFU to use submitted photographs, trip reports or blog posts of its activities, which might include me in future publicity, which may include other organizations. Upon submission of photos, writing, video, audio or other media to SFU, I authorize the organization to use that media for future promotional use. I will clarify any requirements for credit upon submission.*

Initial

I understand that if I choose to participate in any activities not organized by SFU I do so at my own risk and that SFU is not responsible or liable for any injury, damage, loss, accident, delay or other irregularity caused by the negligence or default of third parties.*

Initial

I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS INCLUDING THE POSSIBILITY OF PERSONAL INJURY, DEATH, POPERTY DAMAGE OR LOSS RESULTING THEREFROM.*

Initial

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

In consideration of the Releasees permitting my participation in the Activities, I hereby agree as follows:

1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the Releasees arising out of any aspect of my participation in the Activities and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer or that my next of kin may suffer during my participation in the Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, AS WELL AS ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE;

2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property of or personal injury to any third party, resulting from my participation in the Activities;

3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;

4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction; and

5. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.

In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of the Activities, other than what is set forth in this Release Agreement.

I CONFIRM THAT I AM THE FULL AGE OF NINETEEN (19) YEARS AND I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.

Signature of Participant*

Name of Participant*

Signature of Witness*

Name of Witness*

This Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement applies to Department of Molecular Biology and Biochemistry and is valid from June 2021 - December 2021. Waiver renewals may be obtained by contacting SFU Safety and Risk Services. More information about waivers may be found at https://www.sfu.ca/srs/risk.html

SIMON FRASER UNIVERSITY ("SFU") - DEPARTMENT OF MOLECULAR BIOLOGY AND BIOCHEMISTRY

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT