CPC RELEASE WAIVER
  • CALGARY POLO CLUB RELEASE AND INDEMNIFICATION AGREEMENT

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    This is a binding agreement that waives your legal rights. Read it carefully.

    THIS AGREEMENT is made and entered into on the date written below by the Participant to release and indemnify the Calgary Polo Club, The Polo Club Limited, View, Chinook Valley Inc., Rob & Jennifer Foster, Polo Canada, United States Polo Association, Calgary Polo & Riding Academy and West Polo and each of their parent and subsidiary companies and affiliates and all of their respective officers, directors, shareholders, members, trustees, agents, contractors, representatives, servants, employees, heirs, successors and assigns (hereinafter collectively referred to as the “Releasees”) and is as follows:

     
  • Format: (000) 000-0000.
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  • Format: (000) 000-0000.
  • RECITALS AND AGREEMENT

  • 1. facilities to be utilized for running polo tournaments and leagues and other polo related activities.

    Certain of the Releasees have entered into various License Agreements for the purpose of providing the Calgary Polo Club with

    2.The United States Polo Association is the national governing body for polo players.

    3. use the facilities of the Calgary Polo Club. In consideration of the Releasees allowing the Participant to play polo and use its facilities, the Participant enters into this release and indemnification agreement and further agrees to be bound by all the rules and regulations of the Releasees. The Participant enters into this Agreement on his or her own behalf and on behalf of the other members of his or her family, including the Participant’s spouse, parents, children, heirs, executors, administrators, personal representatives, assigns, employees, independent contractors and grooms (referred hereafter collectively as “Participant” This release and indemnification covers, but is not limited to, the following:

    Playing polo and the use of the Releasees’ facilities is a privilege and not a right. It is the desire of the Participant to play polo and

    (a)Participation in whatever capacity applicable including, but not limited to, as a player, trainer, instructor, spectator, referee, umpire, student, owner or attendant, in any and all of the various activities offered at the Calgary Polo Club. These activities include, but are not limited to horseback riding, showing animals, giving or taking lessons, riding, jumping, participating in polo matches, polo practice or related activities at the Calgary Polo Club and any transportation, boarding, maintaining and handling of animals by the Participant or any of the Releasees and any transportation, boarding, maintaining and handling of animals by the Participant or any of the Releasees to and from the Participant’s facilities or permitting third parties to use said animals for consideration or gratuitously;

    (b)Use of any and all of the Releasees’ grounds and facilities including, but not limited to, stables, practice fields, work out tracks, practice cages, tack shops, veterinarian and medical facilities, clubhouses, cantinas, restaurants and playing fields.

    (c)Access to all areas open to the Participant and covers all of the Participant’s activities, the Participant’s vehicles and driving, animals, tack, equipment, supplies and any and all other items used by the Participant or the Releasees.

    4. dangerous activities that can cause serious injuries or death.

    The Participant acknowledges and intelligently understands that horses, horseback riding and polo matches or practice are

    5. facilities, the Participant is willing to indemnify and release the Releasees and each of them, from any and all losses, claims, causes of actions, suits, directly or indirectly, whether in law or in equity, arising therefrom.

    In consideration of the Releasees’ granting permission to the Participant to be involved in the foregoing activities and use of its

  • THEREFORE, IN CONSIDERATION OF THE FOREGOING (including, without limitation, the participation, use and access referenced above), the Participant expressly agrees to the following:

    1. PARTICIPANT SHALL NOT SUE THE RELEASEES IN ANY MANNER: The Participant, knowingly, intelligently and voluntarily releases, discharges, waives, relinquishes and covenants not to sue with respect to any and all actions or causes of action for bodily injury, property damage or death occurring to the Participant or any animal or personal property owned, possessed, controlled or used by the Participant arising either directly or indirectly, whether in law or in equity, out of participating from, on or in the use of any of the Releasees’ facilities, wherever or however the same may have occurred and for whatever period said activities or use may continue. The Participant further releases, waives, discharges, relinquishes and covenants not to sue with respect to any and all actions, or causes of action arising either directly or indirectly, whether in law or in equity, out of participating from, on or in all activities set forth in the recitals herein which may hereafter arise. The Participant agrees that under no circumstances will the Participant prosecute any claim for bodily injury, property damage or death against the Releasees arising from any claim of any kind in connection with the Participant’s involvement in any of the equestrian activities, use of facilities, practice or polo matches or anything else, including activities not related to equestrian activities, whether same shall rise in whole or in part from the negligence of the Releasees, or any third party and whether such negligence is the sole or concurring cause of the bodily injury, property damage or death.

    2. INDEMNIFICATION BY PARTICIPANT OF RELEASEES: The Participant does hereby indemnify and hold harmless the Releasees, and each of them, from any and all claims, actions, demands, costs, liabilities, expenses or judgments, whatsoever, including legal fees and costs on a solicitor and own client basis, which might arise or have arisen, and whenever made or presented, for any loss or damage directly which the Releasees may sustain or incur or indirectly related to the Participant’s participation in any of the equestrian activities or the Participant’s use of the facilities of the Releasees, in any form. It is the intention of the parties hereto that the Participant will indemnify and protect the Releasees from the consequences of the Releasees’ actions. This indemnity includes actions arising from the negligence of the Releasees or any other party. If the Participant is injured or causes injury to a third party while participating in a polo match or practice, or use of the Releasees’ facilities in any manner whatsoever, the Participant intelligently understands that, regardless of the cause of the bodily injury, property damage or death, the Releasees will not be held responsible and the Participant will have to indemnify the Releasees as set forth herein.

    3. DEFENCE AGAINST CLAIMS: The Participant further agrees to defend the Releasees against any and all claims brought or causes of action filed against the Releasees with respect to the subject of the indemnity contained herein. In case a claim is brought or filed against the Releasees with respect to the subject of this Agreement the Participant agrees that the Releasees can employ legal counsel of their own selection to appear and defend said claims at the Releasees’ sole direction and that the Participant will bear all the expenses therefor. The Releasees shall be the sole judge of the acceptability of any compromise or settlement of any claims or actions against the Releasees. The Participant shall, upon demand, pay to the Releasees all sums due to any parties by the Releasees as a result of any indemnified claim and all sums due to the Releasees’ legal counsel. In essence, the Participant has agreed to pay for all of the expenses that the Releasees incur as a result of any actions brought about or as a result of the Participant’s account.

    4. RULES AND REGULATIONS: The Participant hereby agrees to abide by all rules and regulations promulgated by any of the Releasees with respect to the participation, use and access described in the recitals hereto. It is the responsibility of the Participant to abide by these rules and regulations, whether or not the Releasees enforce or do not enforce them.

    The Participant acknowledges that the Releasees are not a policing agency. The Participant further agrees to abide by all of the rules of the United States Polo Association, which shall govern all polo play engaged in by the Participant.

    The Participant further acknowledges that his or her participation in polo matches, equestrian activities, or use of any of the facilities of the Releasees, is at the Participant’s own risk and without any representation of any kind or character having been made to the Participant by the Releasees. The Participant assumes complete and total responsibility. No warranty, representations express or implied, have been made by the Releasees.

    5 MEDICAL: The Participant hereby represents and warrants to the Releasees that the Participant is physically and mentally capable of participating in polo and equestrian activities. The Participant fully recognizes and accepts the risk of injury to person or personal property inherent in participation in any physical activity, especially polo.

    The Participant hereby gives the Releasees consent to emergency medical or veterinarian care, inclusive of necessary transportation in order to obtain such treatment in the event of injury to the Participant or the Participant’s animals, as the Releasees, or anyone else acting at the Releasees’ facilities may deem appropriate. The Release and Indemnification Agreement extends to any and all liability arising out of or in any way connected with such medical or veterinarian treatment, or transportation provided in the event of some emergency.

  • The Participant hereby assumes full responsibility for any and all risk of personal injury, property damage or death due to the negligence of any party herein released.

    6.PARTICIPANT’S PERSONAL PROPERTY:All personal property of the Participant, of any natureand kind, at any of the Releasees’ facilities, shall remain at the sole risk of the Participant, and the Releasees are not responsible for its theft, damage or injury to any third party, and all loss, damage, or injury resulting from the Participant’s personal property shall be at the sole expense and liability of the Participant. The Participant understands that all personal property including, but not limited, jewellery, saddles, tack, mallets, supplies, animals, trucks, automobiles, trailers and any and equipment, clothes, personal effects, all other personal property owned, leased, controlled, or used by the Participant, in any manner, and brought to the Releasees’ facilities and used, stored, or otherwise located in or around the Releasees’ facilities shall remain the sole responsibility of the Participant. All personal property should be insured by the Participant. The Releasees do not have any responsibility or obligation to insure said property. The Participant further agrees and understands that the release and indemnity provisions of this Agreement include and relate to the Participant’s personal property.

    7.LEGAL FEES: In the event of any controversy or dispute arising out of or relating to this Agreement, the prevailing party shall be entitled to recover all legal fees, expenses and costs.

    8.GOVERNING LAW: All questions with respect to this Agreement shall be governed by the laws in force in the Province of Alberta and the parties attorn to the nonexclusive jurisdiction of the courts in the Province of Alberta.

    9.SUCCESSORS IN INTEREST: This Agreement shall inure to the benefit of and shall be binding upon the successors in interest, executors, personal representatives, estates and heirs of each of the parties hereto.

    10.ENTIRE AGREEMENT: This Agreement contains the entire agreement of the parties and supersedes any prior written or oral agreement between them concerning the subject matter contained therein. There are no representations or agreements, oral or written, between and among the parties hereto, relating to the subject matter contained in this Agreement which are not fully expressed herein.

    11.ACKNOWLEDGEMENT: The Participant, by his/her signature on this Agreement, acknowledges that they have read this Agreement and entered into it knowingly, intelligently, voluntarily, and expressly and intelligently understand all of its terms and conditions and agrees to be bound thereby. The Participant understands that this is a release of all of the Participant’s claims and all claims that may be raised by, through, or under the Participant by others.

    THIS AGREEMENT has been executed in the City of Calgary, in the Province of Alberta, on the date written below.

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