IRREVOCABLE ACTIVITY WAIVER, INDEMNITY AND RELEASE OF LIABILITY AGREEMENT

***WARNING: THIS DOCUMENT SERIOUSLY AFFECTS YOUR LEGAL RIGHTS***

PLEASE READ IT CAREFULLY

(the "Participant")

OF THE FIRST PART

 

AND

Wheel Dog

PO BOX 31058 Bridgeland, Calgary, Alberta, Canada, T2E9A3

(the "Activity Provider")

 

OF THE SECOND PART

In consideration of the services of the Wheel Dog, and its directors, agents, owners, officers, volunteers, employees, and all other persons and entities acting in any capacity on their behalf (hereinafter collectively referred to as the "Activity Provider"), the sufficiency and receipt of which duly admitted and accepted, the Participant hereby agrees to forever and irrevocably release, fully indemnify, and discharge the Activity Provider on behalf of themselves, their spouse, their children, their parents their heirs, assigns, personal representative, and estate as follows:

1. The Participant acknowledge that participating in dog sledding and its related activities involves known and unanticipated risks that could result in physical or emotional injury, paralysis, death or damage to themselves, property or third parties. The Participant understands that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: slips; falls; head injuries; being struck by equipment; stuck by other participants; forces of nature including extremes of weather, snow, ice, wind, rain and rapid weather changes; exposure to cold; hypothermia; exposure to water; exposure to dogs; dog bites; the risk of collision with objects or other sleds/individuals/dogs; the risk of sled capsizing and entrapment; the risk of exposure to the elements; the risk of attack by animals which includes, but are not limited to, bears, cougars, coyotes, moose, etc.; travel in remote areas of the course;

illness in remote areas; risk of injury to, but not limited to, the head, arms, shoulders, back, legs, and feet; equipment failure; the Participant's own physical conditions; accidental drowning; and the physical exertion associated with these activities.

2. The Participant expressly acknowledges, warrants, and certifies that they do not have any physical limitations, medical ailments, physical or mental disabilities that would limit or prevent the Participant from participating in the above mentioned activity. If required, the Participant will obtain a medical examination and clearance.

3. The Participant will participate in activities which include, but are not limited to, the following: Dog Sledding (including, but not limited to, canicross, skijoring, bikejoring, scooter, dog sledding, carting, dryland mushing, instruction, participation in the foregoing, etc).

 

4. The Participant understands that any photographs, sound recordings, motion pictures or video ("Media") taken of them by the Activity Provider under this assignment is for the sole purpose of collecting and or representing factual information in the interest of serving the good work of the Activity Provider in education, public good. The Participant hereby assigns to the Activity Provider all rights, title, and interest, including copyright, in and to any Media and irrevocably authorizes the Activity Provider, its officers, agents, and employees, without limitation, to reproduce, copy, sell, exhibit, publish, or distribute, in any medium now known or later developed, any and all such Media.

 

The Participant hereby assigns to the Activity Provider, all rights, title, and interest, including copyright, in and to any and all such photographs, sound recordings, motion pictures, or videos, and the Participant hereby irrevocably authorizes the Activity Provider, its officers, agents, and employees, without limitation, to reproduce, copy, sell, exhibit, publish, or distribute, in any medium now known or later developed, any and all such photographs, sound recordings, motion pictures, or videos in perpetuity for the purposes expressed above.

The Participant further releases and forever discharges the Activity Provider, its officers, agents, and employees from all claims and demands arising out of or in connection with the use of said photographs, sound recordings, motion pictures, or videos, including but not limited to any and all claims for invasion of privacy, defamation, or infringement of copyright. By signing below, the Participant acknowledges that they have freely and voluntarily entered into this Agreement.

5. The Participant expressly agrees and promises to accept and assume ALL THE RISKS, of any kind or nature whatsoever, existing in the activities herein described and otherwise. The Participant's participation in the activities is purely voluntary and they elect to participate despite the risks. Additionally, the Participant agrees to wear an approved helmet throughout their participation in any activity when requested to do so by the Activity Provider. The Participant further agrees to cooperate with the Activity Provider in this regard.

6. The Participant hereby voluntarily releases, forever discharges and agrees to indemnify and hold harmless the Activity Provider, from all claims, demands, or causes of action whatsoever which are in any way connected with their participation in this activity as described herein or elsewhere, or their use of the Activity Provider's equipment, or facilities, including any such claims which include claims and causes of action for PERSONAL INJURY, DEATH, or PROPERTY DAMAGE, and/or negligent and tortious acts or omissions of the Activity Provider, its employees, agents, volunteers and/or assigns.

This Agreement shall constitute a full and complete defense to any such claims and/or a complete bar to any such claims, disputes, demands, or causes of action, however and wherever brought.

For further and better clarity, the Participant agrees that by participating in the activities herein described, and/or in association with the Activity Provider, the Participant shall not make any claim whatsoever against the Activity Provider, its representatives or any of their respective directors, officers, employees, agents, volunteers, consultants, and/or advisors as a result of participating in any event or activity whatsoever, including, without limitation, any and all claims and causes of action for personal injury, death or property damage occurring as a result of their participation. The Participant agrees to indemnify, defend, and hold harmless the Activity Provider, its Representatives and any of its respective directors, officers, employees, agents, volunteers, consultants, and/or advisors from and against any and all liabilities, claims and causes of action for personal injury, death or property damage as a result of their participation in any activity herein described or associated with the Activity Provider however and whatsoever.

Additionally, the Participant shall indemnify save and hold the Activity Provider, its employees, directors, officers, shareholders, representatives, successors and assigns, harmless from any and all third party claims, demands, liabilities, losses, damages and actual and reasonable expenses, including, but not limited to, costs calculated on a solicitor-client, full indemnity basis, arising from any breach or alleged breach of representations and/or covenants under this Agreement.

7. Should the Activity Provider or anyone acting on their behalf, be required to incur legal fees and/or costs to enforce this Agreement, or any part of it, the Participant agrees to indemnify and hold the Activity Provider harmless for all such fees and costs on a solicitor-client, full-indemnity basis.

8. The Participant certifies that they have adequate insurance to cover injury or damage they may cause or suffer while participating, and agree to bear the costs of any such injury or damage whatsoever, including injury or damage caused to any of the dogs or equipment owned by the Activity Provider. The Participant further certifies that they are willing to assume all risks of any medical or physical condition(s) they may have. The Participant assumes full responsibility for any loss of personal property (camera, glasses, gloves, watches, bags etc and any costs associated with said loss.

 9. This Agreement has been entered into in the Province of Alberta, Canada, and the validity, interpretation and legal effect of this Agreement shall be governed by the laws of the Province of Alberta applicable to contracts and agreements entered into and performed exclusively and entirely within the Province of Alberta. The proper jurisdiction and/or venue for any controversy, dispute, cause of action, lawsuit, and/or claim arising out of or relating to this Agreement or breach thereof, shall be the appropriate Provincial or Federal Court located in the City of Calgary, in the Province of Alberta (the "Jurisdiction") and the parties hereby attorn to the Jurisdiction thereof and have freely and irrevocably selected such Jurisdiction as the convenience and chosen forum. Should an order, declaration, finding, and/or judgment be granted or given at the appropriate Provincial or Federal Court in the Province of Alberta in relation to this Agreement or any matters arising from or relating hereto, the parties agree that the order, declaration, finding, and/or judgment shall be reciprocated in any and all other jurisdictions without limitation and shall be universally enforceable worldwide. Should any party commence a dispute, action, claim, case, or any proceedings whatsoever of any nature anywhere outside the Jurisdiction, the

parties agree that this clause shall act as conclusive evidence of the parties selection of jurisdiction and the Activity Provider may rely on this clause to have such dispute, action, claim, case, or proceedings struck, dismissed, invalidated, vacated, and/or have an order or declaration granted or pronounced to that effect, nullifying or otherwise invalidating any action commenced outside the Jurisdiction. Should the Activity Provider be required to retain a lawyer to enforce this Agreement, especially in relation to this clause, the Participant shall be liable to pay costs of any enforcement steps taken by the Activity Provider on a solicitor-client, full-indemnity basis.

10. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect.

11. This Agreement shall be binding upon the Participant's heirs, success, assigns, affiliates, successors, and agents.

12. This Agreement shall be in full force and effect from the date of execution of the same foreverafter, in perpetuity, without restriction, limitation, exclusion, and/or termination.

13. By signing this document, the Participant acknowledges that if anyone is hurt or property is damaged during their participation in the activity, the Participant shall be found by a court of law to have waived their right to maintain a lawsuit against the Activity Provider based on any claim from which they have released them herein. The Participant has had sufficient opportunity to read this entire document. The Participant has read and understood this Agreement, and they agree to be bound by its terms. For subjects under 18 years of age: the Participant hereby certifies that they are the parent or guardian of the person named below, and they do hereby give their consent without reservation to the foregoing on behalf of him or her.

14. The Participant agrees, acknowledges, and certifies that they have had the opportunity to seek independent legal advise with respect to this Agreement. If the Participant fails to obtain independent legal advice despite having read this clause and having ample opportunity to do so, by entering into this Agreement, the Participant shall be deemed to have irrevocably waived their right to have a lawyer review this Agreement. It is recommended that the Participant seeks legal advise in respect of their rights in relation to the activities herein described and the contents of this Agreement.

15. The Participant agrees, acknowledges, and certifies that they have had sufficient time and opportunity to read this entire document and are executing the same of their own free will and conscious, free from duress or coercion.

16. This Agreement contains the entire agreement between the Participant and the Activity Provider. The terms, conditions, and covenants herein are contractual and not mere recitals.

17. This Agreement may be signed electronically by email, fax, or otherwise. Electronic signatures shall have the same legal effect as originals and shall constitute conclusive evidence of agreement hereto.

IN WITNESS WHEREOF the Participant has agreed to and executed this Agreement as of the date listed below.

ALL PARTICIPANTS UNDER THE AGE OF 18 MUST HAVE PARENTAL PERMISSION:

Accepted by Wheel Dog

Name: Megan Ritchie

Position: Owner