THE FOLLOWING AFFECTS YOUR LEGAL RIGHTS. PLEASE READ THIS DOCUMENT CAREFULLY.
The Participant named below ("Participant") and, if applicable, the Parent/Guardian named below ("Parent/Guardian") of the Participant hereby, agree, acknowledge and understand that the 2022 Sun Life Ride to Cure Diabetes for JDRF (the "Event") has been organized by and will be run by Juvenile Diabetes Research Foundation Canada ("JDRF").
JDRF and any other third parties expressly referred to herein, if applicable, shall be referred to collectively as the "Event Parties" throughout this Release and Waiver.
The Participant – and if applicable, the Parent/Guardian – further agrees, acknowledges and understands that the Participant’s participation in the Event is voluntary and is not required by the Event Parties.
ASSUMPTION OF RISKS AND ASSUMPTION OF RESPONSIBILITY
THE PARTICIPANT – AND IF APPLICABLE, THE PARENT/GUARDIAN – ACKNOWLEDGES THAT THERE ARE RISKS INHERENT IN PARTICIPATION IN THIS EVENT. The Participant—and, if applicable, the Parent/Guardian—acknowledges, represents and certifies that the Participant is in good health and physically and mentally capable of performing the physical activity associated with the Event and that there are no medical or health concerns, known or unknown to them, which would affect the Participant’s participation in the Event. The Participant—and, if applicable, the Parent/Guardian—acknowledges the Event is physically demanding and that the Event may expose the Participant to risks, dangers and hazards, including the possibility of personal injury, disability, illness, death, violence, property damage, expense or loss (collectively, "Damages"). The Participant – and if applicable, the Parent/Guardian – freely and voluntarily accept and assume all risk of the Damages resulting or arising from participation in the Event, including travel to or from and during the Event, attendance at the Event or any other related activities during the Event, regardless of how such Damages occur, even if arising from any neglect or omission or carelessness of one or more of the Event Parties. The Participant – and if applicable, the Parent/Guardian – accept responsibility to ensure that the Participant abides by all applicable provincial laws and the laws of Canada applicable therein, and will ensure that the Participant has adequate medical coverage, will protect Participant’s personal possessions, and obey all of the rules set out by any of the Event Parties for the Event. The Participant—and, if applicable, the Parent/Guardian—understands that they are responsible for Participant’s safety in respect of the Event.
After having read this Release and Waiver and knowing these facts, and in consideration of acceptance of the Participant’s attendance or participation in the Event, the Participant—and, if applicable, the Parent/Guardian—agrees, on behalf of itself and themselves, and anyone entitled to act on behalf of the Participant, including their respective heirs, executors and administrators (the "Releasors"), to INDEMNIFY, HOLD HARMLESS, WAIVE, RELEASE AND FOREVER DISCHARGE the Event Parties and their respective parents, subsidiaries, affiliates and all of their respective officers, directors, partners, employees, agents, service providers, contractors, insurers, trustees and all of their respective successors and assigns, and all sponsors, officials, employees, volunteers, organizers and any other party or person connected with the Event in any way (the "Releasees") from all Claims (hereinafter defined) whatsoever of every nature and kind, whether arising at law, in equity or under any applicable statute or regulation of Canada, any province or otherwise applicable, howsoever arising, whether unanticipated or anticipated, present or future, known or unknown, in any way relating to or arising from or in connection with the Participant’s participation in the Event and activities associated with it, including attending at the location or premises where the Event takes place, whether as a spectator, participant, or competitor in the Event, whether or not any such Claim occurs prior to, during or subsequent to the Event, and notwithstanding that any such Claim may have been caused by, contributed to or occasioned by the negligence, carelessness, neglect blame or liability of the Releasees. The Participant—and, if applicable, the Parent/Guardian— further agree, on behalf of itself and themselves and anyone entitled to act on behalf of the Releasors, not to make any Claim or to commence or maintain any action or proceeding, against (i) the Releasees or (ii) any person or corporation that might claim contribution or indemnity or seek declaratory relief in a third party proceeding under the provisions of any applicable law or otherwise in respect of any matter in any way relating to the Event, without the consent of the Event Parties. The Participant—and, if applicable, the Parent/Guardian— further agree to save harmless and indemnify the Event Parties of and from any and all liability for any such Claim. For the purposes of this Release and Waiver, the term "Claim" includes any claims, disputes, demands, complaints, actions, application, suits, causes of action, injunctive or any other relief, accountings, charges, debts, dues, duties, interest, penalties, liabilities, expenses, costs, damages, or losses, contingent or otherwise, of any kind or nature, whether liquidated or unliquidated, matured or unmatured, disputed or undisputed, contractual, legal or equitable, including loss of value, professional fees, including fees and disbursements of legal counsel on a full indemnity basis, and all costs incurred in investigating or pursuing any of the foregoing or any proceeding relating to any of the foregoing and the term "Claims" shall refer to each Claim collectively. The Participant—and, if applicable, the Parent/Guardian— acknowledge and agree that this Release and Waiver is for the benefit of the Releasees and is binding upon the Participant, the Parent/Guardian and it may be raised as a complete bar to any and all Claims in respect of the Participant’s attendance or participation in the Event. The provisions of this Release and Waiver shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein. The Participant —and, if applicable, the Parent/Guardian— irrevocably attorn to the jurisdiction of the Ontario courts, and hereby agree to commence any proceeding in Toronto, Ontario. The parties waive all questions of personal jurisdiction or venue for the purpose of carrying out this provision.
USE OF INFORMATION
The Participant—and, if applicable, the Parent/Guardian— irrevocably grant to JDRF, the right to photograph and/or film the Participant during the Event and give permission to JDRF and its sponsors to use photographs and/or video and/or audio of the Participant taken at or during the Event, within JDRF or its sponsors’ programs, events and promotional initiatives such as, but not limited to, newsletters, articles, publications, websites, social media, print, presentations or other purposes as JDRF may decide upon. The Participant—and, if applicable, the Parent/Guardian— hereby release JDRF and its sponsors from all manner of Claims related to or arising from such use. The Participant—and, if applicable, the Parent/Guardian— agree that the Participant shall have no right of approval and no claim to additional compensation or benefit, and no claim (including, without limitation, claims based upon invasion of privacy, defamation or right of publicity) arising out of such use.
PRIZES AND INCENTIVES
The Participant —and, if applicable, the Parent/Guardian— expressly disclaims any liability of any nature whatsoever arising from or related to any prizes and/or incentives that may be offered or received during or associated with the Event. The Participant—and, if applicable, the Parent/Guardian— acknowledges that there is no substitution or cash equivalent for such prizes and/or incentives.
HEALTH AND SAFETY
The Participant—and, if applicable, the Parent/Guardian—acknowledges that the Event Parties may have certain occupational health and safety guidelines, rules or protocols ("Event Protocols") in place in connection with participation in the Event, including health and fitness screening protocols. The Participant – and if applicable, the Parent/Guardians – agrees to comply with any Event Protocols as may be required by the Event Parties at the time of the Event. The Participant —and, if applicable, the Parent/Guardian—further understands that the Event Parties are not responsible for ensuring that any Event Protocols are developed and implemented in accordance with the relevant public health authority guidance.
I have read, understand and accept this Release and Waiver of my own free will. I acknowledge and agree that this Release and Waiver shall be effective against and binding upon my heirs, next of kin, executors, administrators and assigns.