RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND ASSUMPTION OF RISKS

BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION
 
PLEASE READ CAREFULLY

IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THIS WAIVER, PLEASE REACH OUT TO US TO DISCUSS BEFORE SIGNING. WE WOULD ALSO RECOMMEND YOU CONSULT WITH A LAWYER.

In consideration of HOWELL STUDIOS INC., a corporation incorporated under the laws of Ontario (the "Company") permitting the individual / booker named below ("I" or "me") to attend its facilities and his/her guests located at Unit 301, 1377 The Queensway, Toronto, Ontario (the “Premises”) and to participate in or observe or conduct the activities occurring at the Premises including without limitation a photo or video shoot or event (the “Activities”), and for other good and valuable consideration, I agree to all the terms and conditions set forth in this agreement (this "Agreement").

 

ASSUMPTION OF RISKS

I AM AWARE AND UNDERSTAND THAT MY ATTENDANCE AND MY GUESTS’ AT 1377 THE QUEENSWAY, TORONTO, ONTARIO  (THE “BUILDING”) AND MY PARTICIPATION IN THE ACTIVITIES INVOLVE MANY RISKS, DANGERS, AND HAZARDS, INCLUDING BUT NOT LIMITED TO THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE SUCH AS DUE TO FOOD BORNE ILLNESS, FOOD SPOILAGE, FOOD CONTAMINATION, SLIPS AND TRIPS, ROOFTOP HAZARDS, GLASS, UNEVEN SURFACES, ELEVATED SURFACES, SHARP SURFACES OR OBJECTS, MOVEABLE WALLS,  FURNITURE, PROPS, HANGING DÉCOR, ELECTRICAL EQUIPMENT, ELEVATORS, MOVING VEHICLES AND THE NEGLIGENCE OR INTENTIONAL ACTS OR OMISSIONS OF OTHERS INCLUDING OTHER PARTICIPANTS, VISITORS OR ANY OF THE RELEASEES.

I ACKNOWLEDGE THAT MY GUESTS AND I VOLUNTARILY ACCESSING THE PREMISES AND PARTICIPATING IN THE ACTIVITIES.

I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS, AND HAZARDS INVOLVED AND THE POSSIBILITY OF ILLNESS, INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE, WHETHER THE SAME OCCURS WHILE I OBSERVE OR PARTICIPATE IN THE ACTIVITIES OR WHILE I AM IN ANY OTHER AREA OF THE PREMISES (SUCH AS ENTRANCES, EXISTS, WASHROOMS) OR WHILE I AM OUTSIDE OF THE PREMISES BUT IN OR AROUND THE BUILDING (SUCH AS ELEVATORS, SIDEWALKS AND PARKING LOTS).

To the extent permitted by applicable law, I hereby expressly waive and release any and all claims which I have or may in the future have against the Company, its affiliates, and their respective directors, officers, employees, agents, representatives, shareholders, successors, and assigns (collectively, "Releasees"), arising out of or attributable to me and my guests being on, in and around the Premises or Building or my observation of or participation in the Activities, due to any cause whatsoever, including without limitation the negligence of the Company or any other Releasee, breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.

I SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ALL OTHER RELEASEES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE LEGAL FEES, IN CONNECTION WITH ANY THIRD-PARTY CLAIM, SUIT, ACTION, OR PROCEEDING ARISING OUT OF OR RESULTING FROM MY OBSERVATION OR PARTICIPATION IN THE ACTIVITIES OR MY PRESENCE IN OR AROUND THE PREMISES OR BUILDING.

This Agreement constitutes the entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

If any part, term or provision herein, or the application hereof to any person, entity or circumstances shall to any extent be invalid or unenforceable, in any pertinent jurisdiction, such term or provision shall be modified to the minimum extent necessary to be valid and enforceable, and the remainder hereof shall not be affected. If such modification is not possible, the invalidity or unenforceability shall not affect the validity or enforceability of the remainder of such covenant or provision, and such invalid or unenforceable covenant or provision or portion thereof, as the case may be, shall be severable from the remainder of this Agreement.

This Agreement is binding on and shall enure to the benefit of me and my heirs and next-of-kin, and the Company and its successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of the Province of Ontario, and I hereby consent to the exclusive jurisdiction of such courts.

I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I HAVE HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE WITH RESPECT TO THE TERMS OF THIS AGREEMENT.

I ALSO ACKNOWLEDGE THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS, AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE THE COMPANY AND THE RELEASEES.