Release of Liability, Waiver of Claims, and Assumption of Risks
BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION
PLEASE READ CAREFULLY!
In consideration of Rage Zone Inc., a body corporate duly incorporated under the laws of Alberta (the "Company") permitting the individual named below ("I" or "me") to participate in entertainment stress relief activities (the “Activities”), and for other good and valuable consideration, I agree to all the terms and conditions set forth in this agreement (this "Agreement").
ASSUMPTION OF RISKS
I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES INVOLVE MANY RISKS, DANGERS, AND HAZARDS, INCLUDING BUT NOT LIMITED TO, BEING CUT WITH SHARP OBJECTS, BEING HIT WITH HEAVY OBJECTS, SHOCK, STRESS, MALFUNCTION OF EQUIPMENT USED, SLIP AND FALL, MOTOR VEHICLE ACCIDENTS WHILE THE SERVICE FACILITY IS PARKED ON THE STREET, AND SERIOUS INJURY, DEATH, PROPERTY DAMAGE OR LOSS MAY OCCUR WHILE I PARTICIPATE IN OR WITNESS THE Activities. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS, AND HAZARDS INVOLVED AND THE POSSIBILITY OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I acknowledge that participation in the Activities may place unusual stresses on the body and result in worsening of an existing medical condition. I understand that participation in the Activities is not recommended for persons suffering from asthma, epilepsy, cardio/respiratory disorder, hypertension, skeletal, joint or ligament problems or conditions, certain mental illnesses, pregnant women, and persons who are under drug or alcohol influence. I have been advised to consult with my medical practitioner if I have any concern about my medical condition or fitness prior to engaging in the Activities.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
I hereby expressly waive and release any and all claims which I have or may in the future have against the Company, its affiliates, and their respective directors, officers, employees, agents, representatives, shareholders, successors, and assigns (collectively, "Releasees"), arising out of or attributable to my participation in the Activities, due to any cause whatsoever, including without limitation the negligence of the Releasees, negligence of other participants of the Activities, breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation or otherwise. I covenant not to make or bring any such claim against the Releasees, and forever release and discharge the Releasees from liability under such claims.
I SHALL INDEMNIFY FULLY AND HOLD HARMLESS THE RELEASEES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE LEGAL FEES, IN CONNECTION WITH ANY THIRD-PARTY CLAIM, SUIT, ACTION, OR PROCEEDING ARISING OUT OF OR RESULTING FROM THE ACTIVITIES.
This Agreement constitutes the entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall enure to the benefit of me and my heirs and next-of-kin, and the Company and its successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of the Province of Alberta, and I hereby consent to the exclusive jurisdiction of such courts.
I hereby certify that I am at least 18 years of age, or my parent or guardian has signed below, that I am under no legal disabilities, and that I (or my parent or guardian) have read this document carefully, understand each term and provision in its entirety, have agreed to the terms freely and voluntarily. Having read the foregoing, I (or my parent or guardian) knowingly acknowledge my understanding of the risks set forth herein and knowingly agree to accept full responsibility for my own exposure to such risks.
I acknowledge that I have received from the Company safety glasses and the Company has advised me to wear them during the Activities.
I ACKNOWLEDGE THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS, AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE THE COMPANY AND THE RELEASEES.