RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT.
BY CHECKING THE WAIVER BOX WITH YOUR TICKET PURCHASE YOU WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ CAREFULLY!!!
TO: SUMMER PLAYFEST 2023 EVENT and their respective affiliates, directors, officers, employees, agents, volunteers, independent contractors, representatives, successors, SPF Volunteers and assigns (collectively hereinafter referred to as the “RELEASEES”).
DEFINITIONS
1. The term “Activities” shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the RELEASEES and shall include, but is not limited to participating in aerial acrobatics, adventure courses, crossfit games, zip-lines, axe throwing, parkour, fitness classes, heavy lifting, personal training, observing or otherwise moving on or around the premises of the RELEASEES or any other such activities, events or services in any way connected with or related to the RELEASEES.
SAFETY ACKNOWLEDGMENT
2. I acknowledge that I am aware that the physical exertion required to participate in the Activities and the forces exerted on the body can activate or aggravate pre-existing physical injuries, conditions or congenital defects. I acknowledge that the level of participation is at all times completely up to the individual and I am the best and only judge of my degree of ability to participate in the Activities and I am conscious of the risks which I am exposing myself to voluntarily and with full knowledge of the facts.
3. I acknowledge having read the following document titled “Summer Playfest 2023 Event Waiver” and I attest that I will follow the safety guidelines at each activity and devote my utmost attention to learning and applying all safety requirements and rules for participating in the Activities.
ASSUMPTION OF RISKS
4. I am aware that participation in the Activities involves inherent risks, dangers and hazards including, but not limited to slips and falls, falls from heights, difficult natural and/or man-made terrain, the use of ladders, adventure courses, impact or collision with structures, platforms or other man-made objects, collision with other participants, guides or spectators, the failure to remain within designated areas, negligence of other participants and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREIN. I am also aware that the risks, dangers and hazards referred to above exist throughout the Event and may be uncontrolled, unmarked and not inspected.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
5. In consideration of the RELEASEES agreeing to my participation in the Activities and permitting my use of their interactive event, equipment, parking and other facilities and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I HEREBY AGREE AS FOLLOWS:
(a) TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, injury including death, or expense that I may suffer, or that my next of kin may suffer, either directly or in directly as a result of my participation in the Activities and my use of the premises and facilities, 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, R.S.O. 1990, c.O.2, ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ACTIVITIES.
(b) TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any claims or demands resulting from any property damage or personal injury to any third party, which might be made against the RELEASEES resulting from my participation in the Activities and my use of the adventure course, parkour park, fitness classes, equipment, premises or facilities.
(c) That this agreement shall be effective and binding upon my heirs, next of kin, administrators, assigns and representatives, in the event of my death or incapacity.
(d) That this agreement shall be governed and interpreted in accordance with the laws of the State of California and any litigation involving the parties shall be brought within the State of California, and
(e) In entering into this agreement, I am not relying on any oral or written representations or statements made by the RELEASEES with respect to the safety of the Activities, other than what is set forth in this agreement.
I HAVE READ AND UNDERSTAND THIS AGREEMENT. BY CHECKING THE ELECTRONIC WAIVER BOX, I ACKNOWLEDGE THAT I AM AGREEING TO THE FOLLOWING:
(i) THAT I AM ASSUMING ALL RISK OF INJURY, LOSS OR DAMAGE WITH RESEPCT TO SUMMER PLAYFEST 2023, THE EXHIBITORS, THE EQUIPMENT, THE ACTIVITIES AND THE USE OF THE PREMISES AND FACILITIES;
(ii) THAT I AM WAIVING ANY AND ALL CLAIMS ARISING FROM ANY CAUSE WHATSOEVER AGAINST THE RELEASEES, ON BEHALF OF MYSELF AND MY HEIRS, SUCCESSORS AND ASSIGNS; AND
(iii) THAT I WILL INDEMNIFY THE RELEASEES IF ANY SUCH CLAIMS ARE BROUGHT AGAINST THEM.
Event Regulations
Participants must observe the following points:
1. I must read and follow the safety guidelines before attempting to participate in any live exhibitions, parkour, bounce house or any vendor booths and other activities.
2. Except when I am moving throughout the Shivela Middle School campus I must do so in a safe and cautious manner.
3. I must observe type of activity and participate in a safe and cautious manner.
4. I must respect any decision of the vendors, employees, volunteers and activity coordinators.
5. Event stamp will be administered at the entrance to gain access to the event. At any given period coordinators may ask to show proof of entrance to event. Re-entry is permitted with a second hand stamp at the entrance.
6. Children under the age of 17 years are NOT permitted unless the waiver is signed by an adult.
7. It is forbidden to smoke anywhere in the Shivela Middle School grounds.
8. It is forbidden, to enter classrooms, locked facilities unless otherwise noted on event map.
10. I must respect rules and regulations of the venue.
11. Summer Playfest 2023 and its affiliates, volunteers and employees reserve the right of exclusion, with no other form of warning or reimbursement, of any person who does not respect the Event Regulations and other rules.
*We have implemented all means and personnel necessary to ensure your safety, but this also depends on your attitude in regards to respecting the grounds that have been clearly explained.
*The RELEASEES are not responsible to any valuable items that are lost during the event. The RELEASEES reserve the right to interrupt the activities at their discretion. In case of doubt about any matter, do not hesitate to ask organizers.
Cancellation / Refund policy - Individual and Group Policy
All tickets are final sale and non-refundable.
ACKNOWLEDGMENT
I AM IN GOOD PHYSICAL AND MENTAL HEALTH AND DO NOT SUFFER FROM ANY HANDICAPS OR PHYSICAL CONDITIONS THAT COULD CONSTITUTE A DANGER TO MYSELF OR OTHERS AS A RESULT OF MY PARTICIPATION IN THE ACTIVITIES, AND I ACCEPT TO PARTICIPATE IN THE ACTIVITIES FREELY.
PROMOTIONAL MATERIAL – I acknowledge that pictures and/or video may be taken of me by the Releasees while I participate in the Activities. I give my permission to use my name, likeness, image, voice, and/or appearance as such may be embodied in any pictures, photos, video recordings, audiotapes, digital images, and the like, taken or made by the Releasees. I agree that the Releasee has complete ownership of such pictures, etc., including the entire copyright, and may use them for any purpose. These uses include, but are not limited to illustrations, bulletins, exhibitions, videotapes, reprints, reproductions, publications, advertisements, and any promotional or educational materials in any medium now known or later developed, including the Internet. I acknowledge that I will not receive any compensation, etc for the use of such pictures, etc., and hereby release the Releasees and its agents and assigns from any and all claims which arise out of or are in any way connected with such use.
By signing this waiver form "I Accept" using any device, means or action, you consent to the legally binding terms and conditions of this Agreement. You further agree that your signature on this document (hereafter referred to as your "E-Signature") is as valid as if you signed the document in writing.