Terms
5. In consideration of the Organization allowing me to participate in the Activities, I agree:
x) That when I practice or train in my own space, I am responsible for my surroundings and the location and equipment that I select.
y) That my mental and physical condition is appropriate to participate in the Activities and I assume all risks related to my mental and physical condition.
z) That I may experience anxiety while challenging themselves during the Activities.
aa) To comply with the rules and regulations for participation in the Activities.
bb) To comply with the rules of the facility or equipment.
cc) That if I observe an unusual significant hazard or risk, I will remove myself from participation and bring my observations to a representative of the Organization immediately.
dd) The risks associated with the Activities are increased when I am impaired, and I will not participate if impaired in any way.
ee) That it is my sole responsibility to assess whether any Activities are too difficult for me. By commencing an Activity, I acknowledge and accept the suitability and conditions of the Activity.
ff) That COVID-19 is contagious in nature and I may be exposed to, or infected by, COVID-19 and such exposure may result in personal injury, illness, permanent disability, or death; and
gg) That I am responsible for my choice of safety or protective equipment and the secure fitting of that equipment.
Release of Liability and Disclaimer
6. In consideration of the Organization allowing me to participate, I agree:
hh) That the sole responsibility for my safety remains with me.
ii) To ASSUME all risks arising out of, associated with, or related to my participation.
jj) That I am not relying on any oral or written statements made by the Organization or its agents, whether in a brochure or advertisement or in individual conversations, to agree to participate in the Activities.
kk) To WAIVE any and all claims that I may have now or in the future against the Organization.
ll) To freely ACCEPT AND FULLY ASSUME all such risks and possibility of personal injury, loss of life, property damage, expense, and related loss, including loss of income, resulting from my participation in the Activities.
mm) To FOREVER RELEASE the Organization from any and all liability for any and all claims, demands, actions, damages (including direct, indirect, special and/or consequential), losses, actions, judgments, and costs (including legal fees) (collectively, the “Claims”) which I have or may have in the future, that might arise out of, result from, or relate to my participation in the Activities, even though such Claims may have been caused by 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;
nn) To FOREVER RELEASE AND INDEMNIFY the Organization from any action related to my becoming exposed to or infected by COVID- 19 as a result of, or from, any action, omission or negligence of myself or others, including but not limited to the Organization;
oo) That the Organization is not responsible or liable for any damage to my vehicle, property, or equipment that may occur as a result of the Activities.
pp) That negligence includes failure on the part of the Organization to take reasonable steps to safeguard or protect me from the risks, dangers and hazards associated with the Activities; and
qq) This release, waiver and indemnity is intended to be as broad and inclusive as is permitted by law of the Province of Alberta and if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect.
Jurisdiction
7. I agree that in the event that I file a lawsuit against the Organization, I will do so solely in the Province of Alberta and further agree that the substantive law of the Province of Alberta will apply without regard to conflict of law rules.