Waiver and Release of Liability Assumption of Risk, and Indemnity Agreement
Please read carefully
This agreement includes a release of liability and waiver of legal rights and deprives you of the right to sue The Corporation of the City of Peterborough, its employees, and its elected officials, (collectively, the “Released Party”).
Do not sign this document unless you have read it in its entirety.
If you are unsure of its effect, seek advice from a lawyer before signing this document.
In consideration of the Released Party allowing me to participate in any and all activities or events (the “Activities”) associated with the volunteer tree plating event at Bears Creek Woods on September 23 2023 (the “Event”) in which the Released Party is in any way involved, I, for myself, and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following irrevocable representations pursuant to this Waiver and Release of Liability, Assumption of Risk, and Indemnity Agreement (the “Agreement”):
- I hereby represent that: (i) I am in good health and in proper physical condition to participate in the Activities; and (ii) I am not now and will not be under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Activities. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Activities.
- I understand and acknowledge the physical and mental rigors associated with the Activities contain inherent dangers. I understand that participation in the Activities involves risks and dangers which include, without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; accidents, contact or collision with other participants, spectators, vehicles, animals, or natural or manmade objects; dangers arising from adverse weather conditions; imperfect conditions existing on the property where the Activities take place; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Released Party or organizers of the Activities; and other undefined risks and dangers which may not be readily foreseeable or are presently unknown (the “Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Activities, or the acts, inactions, or negligence of the Released Party. I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses, or expenses which I incur as a result of my participation in the Activities.
- I agree to inform myself about the rules and regulations established for the Activities in which I will participate and to abide by them. I also accept sole responsibility for my own conduct and actions while participating in these Activities and the condition and adequacy of any equipment, foot-ware and clothing that I might own and supply in conjunction with my participation in the Activities.
- I hereby release, waive, and covenant not to sue, and further agree to indemnify, defend and hold harmless the Released Party, together with the organizers, promoters, sponsors, advertisers, hosts, venue and property owners upon which the Activities take place, law enforcement agencies and other public entities providing support for the Activities, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers, with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense, including court costs and reasonable legal fees of any kind or nature (“Liability”) which may arise out of, result from, or relate to my participation in the Activities, including claims for Liability caused in whole or in part by the acts or omissions, whether negligent or otherwise of the Released Party. I further agree that if, despite this Agreement, I, or anyone on my behalf, make a claim for Liability against any of the Released Party, I will indemnify, defend, and hold harmless each of the Released Party from any such Liability which any may be incurred as a result of such a claim.
- I hereby warrant that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I am giving up substantial legal rights by signing it (including the rights of the minor, my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement freely and voluntarily, without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between me and the Released Party regarding these issues and no oral representation, statements, or inducements have been made by the Released Party. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
