Assumption of Risk:
The facilitators, teachers, parents and any and all such persons as are permitted to accompany Wii Chiiwaakanak Learning Centre program’s participants on their own behalf and on behalf of the Program Participant named above (hereinafter the “User” or ‘Users”) are aware and acknowledge that use of University of Winnipeg facilities or participation in any activities, including STEAM programs or clubs, language programs, cultural programs, workshops, computer lab or other events as hosted by Wii Chiiwaakanak, operating therein has inherent risks, including but not limited to 1) bodily injury and 2) lost or stolen property. The User freely accepts and fully assumes all such risks, dangers, and hazards and the possibility of personal injury, death, property damage or loss resulting therefrom. The User acknowledges that the University of Winnipeg does not possess any knowledge with respect to the current medical condition of any User or Users, and that such persons are participating at their own risk.
By signing this agreement, the User acknowledges the contagious nature of COVID-19 and voluntarily assumes the risk that the User may be exposed to or infected by COVID-19 by attending the University of Winnipeg and that such exposure or infection may result in personal injury, illness, permanent disability, and death. The User understands that the risk of becoming exposed to or infected by COVID-19 at the University of Winnipeg may result from the actions, omissions, or negligence of myself and others, including, but not limited to, University of Winnipeg employees, students, staff and other participants and their families.
Release of liability, waiver of claims, and indemnity agreement:
In consideration of The University of Winnipeg allowing the User the use of the facilities, premises or equipment and participation in any activities or programs (hereinafter “the activity”), the User agrees as follows:
1. TO WAIVE ANY AND ALL CLAIMS the User has or may have in the future against The University of Winnipeg, and its members, officers, employees, student agents, representatives, volunteers and independent contractors (all of whom are hereinafter collectively referred to as “the Releasees”);
2. TO RELEASE THE RELEASEES from any and all liability for any loss, damage, injury or expense that the User may suffer, or that my next of kin may suffer as a result of the use of the facility or participation in the activity due to any cause whatsoever INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, C.C.S.M. c 0-8 AS AMENDED ON THE PART OF THE RELEASEES;
3. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to the property of, or personal injury to, any third party and any and all claims, demands, actions, and costs resulting from the User’s participation in the activity and use of the facilities of the University of Winnipeg including any claims, demands, actions and costs resulting from or initiated by persons comprising the User or Users.
4. The User understands and agrees that this release includes any Claims based on the actions, omissions, or negligence of the University of Winnipeg, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any University of Winnipeg activities.
The personal information of the User and all such persons comprising the User or Users is collected by Wii Chiiwaakanak Learning Centre under the University of Winnipeg Act and in accordance with 36(1)(b) and (c) of the Freedom of Information and Protection of Privacy Act. It is collected for the purpose of creating and managing your membership account, to contact you as required, and for emergency and security purposes. Questions may be directed to the Wii Chiiwaakanak Learning Centre, 511 Ellice Ave, Winnipeg, MB, R3B 2E9, firstname.lastname@example.org, or to 204.258.2951.