Blackwell Dairy Run on Saturday, May 25, 2024 KAMLOOPS RIDGE RUNNERS INFORMED CONSENT, ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT
WARNING! By signing this document, you will waive certain legal rights. Please read carefully.
This is a binding legal agreement. Clarify any questions or concerns before signing. In consideration of the opportunity to participate as a Participant in the spectating, orientation, instruction, training, participation in the sport of athletics, related athletics disciplines, activities, programs, travel to and from competitive events and associated non-competitive events, including the services of and offered (the “Activities”) by the British Columbia Amateur Athletics Association, Kamloops Ridge Runners Society, Interior Running Association and their respective, directors, officers, committee members, members, employees, coaches, volunteers, officials, participants, governing body, agents, sponsors, owners/operators of the facilities in which the Activities take place and representatives (collectively the “Organization”) the undersigned, being the Participant and the Participant’s Parent or Guardian if under the age of Majority (collectively the “Parties”), acknowledge and agree to the following terms:
Description of Risks
The Parties understands and acknowledges the following risks dangers and hazards (the “Risks”) of the Activities and related disciplines which include without limitation:
Strenuous and demanding physical exertion, strenuous cardiovascular workouts, rapid movements, exertion and tension on various muscle groups which may cause serious injury to virtually all bones, joints, ligaments, muscles, tendons and other aspects of the Participant’s body or the Participant’s general health and wellbeing.
Concussion or other related head injuries including but not limited to closed head injury or blunt head trauma.
Loss of or damage to equipment/property.
Exposure to extreme conditions and circumstances.
Contact with other participants, officials, administrators, spectators or other natural or manmade objects, dangers arising from adverse weather conditions, imperfect field of play conditions, equipment failure or malfunction, inadequate safety measures and participants of varying skill levels.
The Activities have foreseeable and unforeseeable inherent risks, hazards and dangers that no amount of care, caution or expertise can eliminate, including without limitation, the potential for serious bodily injury, sickness, disease, contagion including but not limited to COVID-19, permanent disability, paralysis and loss of life.
The Parties understands that these Risks may be caused in whole or in part by the Participant’s own actions or inactions, the actions or inactions of others participating in or present during the Activities or the negligent acts or omissions of the Organization.
Terms and Attestation
The Parties attests, acknowledges and agrees:
That the Participant is in good physical and mental condition to participate in the Activities.
The Participant will comply with the rules and regulations for participation in the Activities including those that are a condition of use of the facility or venue in which the Activities occur.
The Participant will comply with all rules and regulations of the Organization, Dominion of Canada, Province of British Columbia and Public Health concerning matters of health and safety and specifically as they relate to COVID-19 or such other communicable disease or contagion and further that in the event the Participant fails, in the sole determination of the Organization, to comply with any such rules and regulations or related protocols, the Participant may be removed from or prevented from participating in the Activities.
If the Participant observes a significant hazard or risk, the Participant will remove themselves from participation in the Activities and report the hazard or risk to the attention of an Organization representative immediately.
That the Organization does not undertake to provide health, accident, disability, hospitalization, personal property or other insurance for the Participant
When the Participant practices or trains in the Participant’s own space, the Participant is responsible for the surroundings and the location and equipment that the Participant selects.
That it is the Participant’s sole responsibility to assess whether any Activities are too difficult for the Participant. By the Participant commencing an Activity, the Parties acknowledges and accepts the suitability and conditions of the Activity; and
That the Participant is responsible for the choice of the Participant’s safety equipment, if required or recommended and the secure fitting of the safety equipment.
Release of Liability and Waiver
The Parties hereby expressly assumes all such risks and responsibility for any damages, liabilities, losses including loss of income, expenses or related loss which they incur as a result of the Participant’s participation in the Activities.
The Participant waives all claims they may have now or in the future against the Organization and covenants not to sue it.
The Participant forever releases the Organization from any and all claims, demands, actions, damages (including direct, indirect, special and/or consequential), losses, judgments and costs (including legal fees) (collectively, the “Claims”) which the Participant has or may have in the future, that might arise out of, result from or relate to participation in the Activities, even though such Claims may have been caused by the Organization in any manner whatsoever, including but not limited to, the negligence, gross negligence, negligent rescue, omissions, carelessness, breach of contract and/or breach of any statutory duty of care of the Organization. That negligence includes failure on the part of the Organization to take reasonable steps to safeguard or protect the Participant from the risks, dangers and hazards associated with the Activities.
The Participant agrees that if, despite this release and waiver of liability, assumption of risk and indemnity agreement, the Participant or anyone on the Participant’s behalf, makes a claim against the Organization or any third party that claims indemnification from the Organization, the Participant WILL INDEMNIFY, SAVE AND HOLD HARMLESS the Organization from any litigation expenses, legal fees, loss, liability, damage or costs which any may incur as a result of such claim, to the fullest extent permitted by law.
The Parties grant full permission to the Organization to use name, gender, age, hometown, city, province, photo, and results from Activities in any publicity related to these Activities, including posting of Activity results and photographs to the Organization’s websites and social media.
Jurisdiction
The Parties agrees that in the event that the Participant files a lawsuit against the Organization, the Participant agrees to do so solely in the Province of British Columbia, Canada and further agrees that the substantive law of the Province of British Columbia will apply without regard to conflict of law rules.
Severability
The Parties further agree that if any portion of this agreement is found to be void or unenforceable the remaining sections of the document shall remain in full force and effect.
I, the participant, and the Participant’s Parent of Guardian if under the age of Majority, have read and agree to be bound by all above paragraphs.
Acknowledgement
The Parties acknowledges that they have read and understand this Agreement, that they have executed this Agreement voluntarily and that this Agreement is to be binding upon the Participant, their heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legal or personal representatives. The Participant further acknowledges by signing this Agreement that they have waived the right to maintain a lawsuit against the Organization based on any claims released herein.