TO: Kootenay Co-op Radio (“the Company”) and its directors, officers, employees, representatives and agents (collectively called “the Agents”).
I hereby sign this agreement on behalf of myself, my personal representatives, heirs and assigns.
1. I agree as a precondition to my participation in all events organized by “the Company” and/or “the Agents” including, but not limited to: The Nelson, BC 2024 Polar Bear Swim (collectively referred to as “the Activities”) and in further consideration of “the Company” allowing me to do so, that I will be strictly bound by the terms of this Release of Liability, Waiver of Claims, Assumption of Risk and Indemnity Agreement (“the Agreement”).
2. I acknowledge that “the Activities” involve inherent risks and dangers that may cause serious injury and possible death to participants.
3. I fully understand the risks and dangers associated with my participation in “the Activities” and accept same entirely at my own risk.
4. I hereby waive any and all claims which I may have against “the Company” and “the Agents” and release “the Company” and “the Agents” from all liability for injury, death, property damage or any other loss sustained by me as a result of 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 by “the Company” and/or “the Agents”.
5. I appreciate that “the Agreement” limits the liability of “the Agents” to the same extent as it limits the liability of “the Company”, even though “the Agents” are not formal parties to “the Agreement”.
IF I AM THE PARENT AND / OR LEGAL GUARDIAN OF THE PARTICIPANT, I HAVE READ AND UNDERSTAND AND AGREE TO EXECUTE “THE AGREEMENT” ON BEHALF OF CHILD / WARD. I HEREBY AGREE TO INDEMNIFY AND SAVE HARMLESS THE COMPANY AND AGENTS FOR ANY AND ALL CLAIMS, BY OR ON BEHALF OF OUR SAID CHILD IN RESPECT OF, OR ARISING OUT OF, ANY NEGLIGENCE, BREACH OF CONTRACT, BREACH OF STATUTORY DUTY OF CARE AS IT RELATES TO ALL THE EVENTS ORGANIZED BY “THE COMPANY” AND/OR “THE AGENTS”..