Waiver of Liability, Release, Acknowledgement of Risk, and Indemnification Agreement

Total Page:16

File Type:pdf, Size:1020Kb

Waiver of Liability, Release, Acknowledgement of Risk, and Indemnification Agreement

WAIVER OF LIABILITY Between METROPOLITAN BIBLE CHURCH MINISTRY CORPORATION (hereafter called the “MET”) and

______Participant Concerning ______

______Description of Activity

______Date(s) of Activity

(hereafter called the “Activity”)

WARNING: This document contains a legal agreement which is legally binding. The contractual content in this document is admissible as evidence supporting the MET’s thoroughness in informing you of matters related to safety awareness and as evidence of the other matters referred to herein. If any aspect of this document requires clarification, you should have a MET employee fully explain it to you before you sign it. By signing this document, you are waiving the right to bring a court action to recover compensation or obtain any other remedy for any personal injuries, damage to property, accident of any kind, or for your death, arising out of your participation in the Activity and/or any use of the MET’s facilities and/or equipment, whether that activity or use is supervised or unsupervised

RELEASE OF LIABILITY, RELEASE, ACKNOWLEDGEMENT OF RISK, AND INDEMNIFICATION AGREEMENT

I, the undersigned, acknowledge, understand and agree that:

1. Recognition and Assumption of Risk. The Activity and the use of the MET’s facilities and/or equipment has inherent risks, even in the controlled environment provided by the MET. Those risks include, but are not limited to all manner of injury or death resulting from:

 Negligent misuse of the MET’s facilities or equipment by myself or others.  Risk that the MET’s equipment may malfunction.  Personal health problems, physical conditions, or other areas of concern, including, but not limited to, non- sufficient health, physical condition, heart, back, muscular or obesity conditions.  Negligence of the the MET’s members, directors, officers, employees, leaders, agents or volunteers (all of whom are herein collectively referred to as “MET Personnel”).  Risk that MET Personnel may misjudge the weather, the elements, the terrain, or some other element of danger or potential danger, or that they may give inadequate warnings or instructions.  Negligence of other clients, visitors, or persons who may be present at the MET’s facilities.  Negligence or lack of adequate training of any person(s) who seek to assist with medical or other help either before or after injuries have occurred.  Specific Risks Associated with this activity______

I have full knowledge of the nature and extent of the risks inherent in the Activity and using the MET’s facilities and/or equipment in relation to the Activity, including (without limitation) those risks identified above. I fully and voluntarily assume complete responsibility for those risks and for personal injuries, damage to property, accident of any kind, or for my death, that may occur as a result of those risks even if injuries, damage, accident or death occurs in a manner that is not foreseeable at the time I sign this document. I acknowledge that the MET has taken careful extensive measures to prevent accidents, injuries, losses, and damages.

2. Release and Indemnity. In consideration of my participating in the Activity and using the MET’s facilities and/or equipment, I hereby agree to release, indemnify and hold harmless:

(a) the MET and all MET Personnel,

(b) all other participants in the Activity,

(c) all other visitors and persons who may be present during the Activity,

(d) the MET’s landlord (Metropolitan Bible Church Property Corporation), and

28 April 2009 (e) any persons who have designed, manufactured, or installed the facilities or equipment used by the MET and/or used in relation to the Activity,

(who are hereafter collectively referred to as the “Released Persons”) from any cause of action, claims, or demands whatsoever for any personal injuries, damage to property, accident of any kind, or for my death, arising out of my participation in the Activity and/or my use of the MET’s facilities and/or equipment, , whether that use or activity is supervised or unsupervised.

The foregoing releases are binding even if the Released Persons have contributed to my injuries or death through their individual or collective negligence.

3. Waiver of Right to Commence Legal Action. I am hereby waiving the right to bring a court action to recover compensation or obtain any other remedy for any personal injuries, damage to property, accident of any kind, or for my death, arising out of my participation in the Activity and/or my use of the MET’s facilities and/or equipment, whether that use or activity is supervised or unsupervised.

4. Compliance with Rules, Regulations and Instructions. I acknowledge that I have read and will obey any rules or regulations posted in public areas of the MET’s facilities or contained in any printed materials given to me by MET Personnel. I will obey all orders or instructions given by MET Personnel.

5. Ability to Perform Activity. I represent and warrant to each of the Released Persons that I have the fitness, skill, knowledge and other abilities necessary to engage in the Activity without putting myself or other persons at risk of injury or death.

6. General Provisions. (a) This Agreement is binding on myself, my parents, my children, any other next of kin I may have, my heirs, my assigns, my personal representatives, my dependents, and my estate. In particular, but without limiting the generality of the foregoing, any “dependent” as defined in the Family Law Act of Ontario shall be prohibited from bringing any action under such Act (or any successor legislation) for damages resulting from my injury or death against any or all of the Released Persons mentioned in section 2 above (“Release and Indemnity”). (b) This Agreement shall be governed by the laws of Ontario and the laws of Canada applicable therein. (c) Without limiting the generality of section 3 above (“Waiver of Right to Commence Legal Action”), if I or anyone on my behalf or on behalf of my estate shall commence a legal action against any or all of the Released Persons, such action shall be commenced only in the Province of Ontario. (d) If any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

BY SIGNING THIS AGREEMENT I AFFIRM THAT: (1) I have had sufficient opportunity to read, and have read, this entire document; (2) I have attained the age of majority in the province in which I reside (i.e. eighteen (18) years of age or older in Ontario and nineteen (19) years of age or older in Quebec); (3) I understand and agree to be bound by its terms; and (4) no oral representations or statements or inducements have been made to me that change alter or modify anything within this document.

Date:______Signature:______Print Name:______

Address:______

Witness Signature: ______Print Name:______

If participant is under the age of majority in the province in which he/she normally resides, a parent’s or guardian’s release and indemnification is required.

In consideration of ______(the “Minor”) being permitted by the MET to participate in the Activity and to use its facilities and equipment, the undersigned acknowledges and agrees that: (1) I am the parent or guardian of the Minor; (2) I hereby assume all obligations that the Minor would have under the above agreement if the Minor had attained the age of majority in the province in which the Minor resides (i.e. eighteen (18) years of age or older in Ontario and nineteen (19) years of age or older in Quebec) and if the Minor had signed this document on his or her own behalf, including without limitation the indemnification obligations contained in section 2 of the Agreement (under the heading “Release and Indemnity); (3) I consent to the Minor engaging in the Activity and using the MET’s facilities and equipment in relation thereto.

Date:______Signature:______Print Name:______

Address:______

Witness Signature: ______Print Name:______

September 16, 2009 Attachment 1 – (If Required)

Medical Information and Consent

Name of Participant______

Participant’s Commitment

September 16, 2009

Recommended publications