Release of Liability, Waiver of Claims, Assumption of Risk, and Indemnity Agreement. By signing this document, you will waive certain legal rights, including the right to sue.
PLEASE READ CAREFULLY!
TO: 2587040 ONTARIO INC. (dba Archery District),their agents, owners, officers, affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as Archery District):
IN CONSIDERATION OF Archery District allowing the participant described below to participate in archery tag combat archery and virtual reality gaming activities, the participant agrees as follows on behalf of themselves, their spouse, children, parents, heirs, assigns, personal representatives and estate:
1. I acknowledge that my participation in Archery District archery tag games combat archery and virtual reality gaming activities entails known and unanticipated risks that could result in serious physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.The risks include, among other things:cuts and bruises; muscle and joint sprains and strains; broken wrists, ankles and legs; participants colliding onto each other resulting in broken bones and other serious injuries; tripping, slipping, and falling down. I acknowledge these risks may be caused by my own actions, inactions, those of others participating in the activity, the conditions in which the event takes place, my own negligence, or failure to abide by the rules set by Archery District. I understand the nature of this activity and that I am qualified, in good health, and in proper physical condition to participate in such activity. I acknowledge that if I believe event conditions are unsafe, I will immediately discontinue participation in the activity. Archery District employees have difficult jobs to perform. They seek to create a safe environment but they are not infallible. They might be unaware of a participants health or abilities. They may give incomplete warnings or instructions and the equipment being used might malfunction. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary and I elect to participate in spite of the risks.
2. If I and/or my child/ward are injured, I acknowledge that I and/or my child/ward may require medical assistance, which I acknowledge will be at my own expense or the expense of my personal Insurer(s). I hereby represent/affirm that I have adequate insurance to provide coverage for such medical expenses. I fully accept and assume all risks and all responsibility for loses, costs, and damages I incur cas a result of my own participation in the activity. I understand and agree that Archery District will not pay for any cost or expenses incurred by me if I and/or my child/ward are injured.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Archery District and to waive any and all claims, demands, causes of action, that I have or may have in the future against Archery District and to release Archery District from any and all liability for any loss, damage, expense or injury including death that I may suffer or that my family, heirs, assigns, personal representatives and estate may suffer as a result of my participation in Archery District archery tag combat archery and virtual reality gaming activities 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 ARCHERY DISTRICT AND FURTHER INCLUDING THE FAILURE ON THE PART OF ARCHERY DISTRICT TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF ARCHERY DISTRICT ARCHERY TAG GAMES OR COMBAT ARCHERY ACTIVITIES (HEREINAFTER REFERRED TO AS CLAIMS).
4. I agree to hold harmless and indemnify Archery District from any and all liability for any property damage or personal injury to any third party resulting from my participation in Archery District archery tag games or combat archery activities. Furthermore, should Archery District or anyone acting on its behalf be required to incur legal fees and costs to enforce this agreement, I agree to indemnify and hold Archery District harmless from all such fees and costs.
5. I acknowledge that I have read, viewed or heard the rules governing my participation and/or my child/wards participation in any activity at Archery District (the Archery District Rules). I certify that I understand and have explained the Archery District Rules to my child/ward. I understand that Archery District Rules have been implemented for the safety of all participants at Archery District, including myself and/or my child/ward. I acknowledge that failure to follow the rules could result in the expulsion of myself and/or my child/ward from Archery District.
6. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. If there are any disputes regarding this agreement, I on behalf of myself and/or my child/ward hereby waive any right I and/or my child/ward may have to a trial and agree that such dispute shall be brought within one year of the date of this Agreement and will be determined by binding arbitration before one arbitrator to be administered pursuant to the Arbitration Act (Ontario). I further agree that the arbitration will take place solely in the Province of Ontario and that the substantive law of Ontario shall apply. If, despite the representations made in this agreement, I or anyone on behalf of myself and/or my child/ward file or otherwise initiate a lawsuit against Archery District, in addition to my agreement to defend and indemnify Archery District, I agree: (i) that any litigation involving the parties to this agreement shall be brought solely within the Province of Ontario and shall be governed by the laws of Ontario, and (ii) to pay Archery District within 60 days of initiating or filing a lawsuit against Archery District liquidated damages in the amount of $5000 plus 12% interest per annum if payment is not made on time.
7. I further grant Archery District the right to photograph, videotape and/or record me and/or my child/ward and to use my or my child/wards name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising and promotional materials without reservation, limitation or compensation.
PARENT’S OR LEGAL GUARDIAN’S ADDITIONAL AGREEMENT AND INDEMNIFICATION (Must be completed for participants under the age of 18)
In consideration of the above named minor (“Minor”) being permitted to participate in Archery District archery tag combat archery activities and virtual reality games and to use its equipment and facilities, I, the undersigned parent or legal guardian of the Minor agree on behalf of the Minor to the above assumptions of risk, release of liability and waiver of claims and to release, indemnify and hold harmless Archery District from any and all Claims which are brought by, or on behalf of the Minor, and which are in any way connected with such participation or use by the Minor. I further certify that I am the parent or legal guardian of the Minor on this agreement or that I have been granted power of attorney to sign this agreement on behalf of the parent or legal guardian of the Minor on this agreement. I hereby give approval to the participation in Archery District archery tag games or combat archery activities and/or use of its equipment and facilities by the Minor.
I am over the age of 18. I have had sufficient opportunity to read this entire document. I have read and understood the document and I agree to be bound by its terms.
ONLY ONE PARTICIPANT IS ALLOWED PER AGREEMENT. I HAVE READ AND I UNDERSTAND THIS AGREEMENT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.