I agree to waive any and all claims that I have or may have in the future against the Releasees and to release the Releasees from any and all liability for any loss, damage, expense or injury including death that I may suffer or that my next of kin may suffer as a result of my involvement in the above noted program or event 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, AS AMENDED, ON THE PART OF THE RELEASEES, AND INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATION IN THE NOTED PROGRAM, WHICH RISKS AND HAZARDS INCLUDE BUT ARE NOT LIMITED TO THE FOLLOWING:
- Health: traumatic injury, bacterial infections, rashes, and the transmission of communicable diseases, including viruses of all kinds, COVID-19, bacteria, parasites or other organisms or any mutation thereof.
- Premises: defective, dangerous or unsafe condition of the facilities; falls; collisions with objects, walls, equipment or persons; dangerous, unsafe, or irregular conditions on grass, turf or other surfaces, extreme weather conditions; travel to and from premises.
- Use of Equipment and/or supplies: mechanical failure or negligent manufacture or design of equipment or supplies provided by the Releasees; the provision of or the failure by the Releasees to provide any warnings, directions, instructions or guidance as to the use of equipment or supplies; failure to use or operate the equipment or supplies within my own ability.
- Cyber: privacy breaches, hacking, technology malfunction or damage.
- Conduct: My conduct and conduct of other persons including any physical altercation between participants.
- Travel: Travel to and from and during my participation in the program.
- Negligence: My negligence and negligence of other persons, including NEGLIGENCE ON the PART OF THE RELEASEES, may increase the risk of damage, loss, personal injury or death.
Infectious Disease Acknowledgment
Without limiting the generality of the foregoing, I acknowledge that:
- My participation in program may increase my risk of becoming infected with Covid-19 or any infectious disease and that Covid-19 and many infectious diseases can cause personal injury, illness, permanent disability and/or death.
- If I am older adult, have a compromised immune system, have a chronic health condition, or regularly go to a hospital or health care setting from treatment of illness, I acknowledge that I am at an increased risk of becoming infected with any infectious disease including Covid- 19 and I choose to participate despite any recommendation from my local and Provincial Public Health Authority.
I agree to comply with the attached Town of St. Marys COVID-19 Rules for Volunteers at all times during my participation in the Program.
I hereby agree TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in the Program.
This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity.
In entering into this Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of the program, other than what is set forth in this Agreement.