In consideration of the Auburn Bay Residents Association (ABRA) permitting our children (named herein the "Children") and any guests accompanying the children (the "Guests") to access and use the facilities and amenities operated by ABRA (the "Facilities"), with or without adult supervision, the undersigned, being the parent and/or guardian of the Children, for ourselves, the Children, our and our Children's personal representatives, heirs, and next of kin (collectively the "Undersigned") acknowledge to and agree with the
- No oral representations, statements, or inducements have been made.
- The Undersigned are aware of the dangers, risks, and hazards associated with the use of the Facilities by the Children and the Guests, including, but not limited to, participation in activities, spectating, and/or merely attending the Facilities. These risks include, but are not limited to: physical, emotional, or psychological injury; illness; paralysis; death; damage to oneself, property, or third parties; scratches; bruises; sprains; lacerations; fractures; concussions; severe life-threatening hazards, including the risk of drowning; and the inherent risks of participation in certain recreational, sport, or fitness activities. These risks can result from the Children's and the Guests' physical conditions, the use of any equipment, and the acts of other people. Such risks may be heightened by a lack of adult supervision. The Undersigned acknowledge and agree that the ABRA is under no obligation to provide supervision for the Children or the Guests and that activities at the Facilities may be unsupervised. The Undersigned understand the risks and dangers inherent in the above and hereby acknowledge that the Children's and the Guests' use of the Facilities is voluntary, knowing these risks. The Undersigned acknowledge and agree that the Undersigned are freely and voluntarily assuming any and all dangers, risks, and hazards arising therefrom and further acknowledge that the Undersigned, the Children, and the Guests are using the Facilities entirely at their risk. The Undersigned acknowledge that the Children and the Guests are not required by ABRA to use the
- The ABRA and its members, employees, agents, trustees, directors and officers, and their helpers and assistants, as well as Brookfield Residential, and each of them and their respective insurers, heirs, successors, assignees, administrators, and executors (collectively the "Releasees") are not responsible for any loss, costs, damage, personal injury, ambulance services, death, or property damage, however caused, arising from participation in activities, spectating and/or mere attendance by the Undersigned, the Children and/or the Guests at the Facilities, including, without limitation negligence on the part of the Releasees, breach of contract, occupier's liability, or any other tort or cause of action at common law, in equity or by statute. ABRA is obtaining this Release, Waiver, and Indemnity for itself and as agent for the benefit of the other Releasees.
- The Undersigned hereby completely and unconditionally remise, discharge, waive, indemnify, and save harmless the Releasees and each of them from any and all liability, costs (including, without limitation, legal costs on a solicitor and his own client basis), claims, damages, demands, actions, and causes of actions at law, by statute and/or equity arising as a result of any loss, damage, personal injury, death, or property damage suffered by the Undersigned as a result, directly or indirectly, of the Children or the Guests participating in activities, spectating, and/or merely attending the Facilities.
- Furthermore, the Undersigned completely and unconditionally indemnify and save harmless the Releasees and each of them for any and all liability, costs (including, without limitation, legal costs on a solicitor and his own client basis), claims, damages, demands, actions, and cases of actions at law, by statute, and/or in equity arising as a result of any loss, damage, personal injury, death, or property damage suffered by the Guests, by the parents and/or guardians of the Guests, and by the personal representatives, heirs, and next of kin of the Guests and the Guests' parents and/or guardians, as a result of the Guests participating in activities, spectating, and/or merely attending the Facilities.
- The undersigned understand that by signing this document, the Undersigned will be forever precluded from suing or otherwise claiming against the Releasees or any of them for any loss, damage, personal injury, death, or property damage that we may sustain through the Children and/or the Guests' participating in activities, spectating, and/or merely attending the Facilities. Any reference to the singular used in this document shall be deemed to include the plural, and vice versa, as the context may require. The foregoing release, waiver, and indemnity are intended to be as broad and inclusive as is permitted by the laws of the Province of Alberta, and if any portion thereof is held invalid, the balance shall continue in full legal force and effect.
Warning: by signing this waiver page, you declare that you have read and understood this document and that you give up legal rights, including your right to sue. Read this entire document carefully before signing.
The Undersigned hereby acknowledge that the Undersigned have read the foregoing written document, and agree and consent to all terms and conditions set out therein, and request that ABRA issue a membership card to each of our Children named below: