ASSUMPTION OF RISKS, RELEASE OF LIABILITY, WAIVER OF CLAIMS, and INDEMNITY AGREEMENT
IF UNDER 18 YEARS OF AGE
The ASSUMPTION OF RISKS, RELEASE OF LIABILITY, WAIVER OF CLAIMS & INDEMNITY AGREEMENT (the “Waiver”), the Terms and Conditions and the Rules and Regulations together constitute the agreement (the “Agreement”) between 2062689 Alberta Ltd. operating as SteepleJAC Athletics! (“SteepleJAC”) and its participating and registered member. The Agreement is made and effective as of the date executed by the parent or legal guardian (the “Adult”), who is executing the Agreement personally, and on behalf of themselves and their minor child (the “Child” and collectively called with the Adult, the “Participant”).
The Participant acknowledges to have read, understood, and agreed to the Agreement PRIOR to clicking the “ACCEPT” button. The Participant further agrees that the Agreement is enforceable like any written negotiated agreement signed or accepted by the Participant. The Participant acknowledges and agrees to the Agreement by clicking the “ACCEPT” button and by proceeding with the creation of a SteepleJAC account, the download and application of any part of the system in connection with the SteepleJAC account, scoring system, and/or app from the Internet or any other medium. If the Participant does not agree with all or any part of the Agreement, the Participant SHOULD NOT continue, SHOULD NOT push the “ACCEPT” button and SHOULD NOT PROCEED FURTHER.
SteepleJAC facilitates, coordinates and hosts various events and activities (the “Activities”). In consideration of being allowed to participate in the Activities as well as the cost of the subscription to SteepleJAC, the Participant agrees as follows:
PARTICIPANT’S HEALTH AND FITNESS
The Participant acknowledges that participating in physical activity has many inherent risks, including but not limited to personal injury and that their participation is voluntary and undertaken at their own risk.
The Participant certifies that they are physically fit, has sufficiently prepared or trained for participation in the Activities, and has not been advised to not participate by a qualified medical professional.
The Participant certifies that they will not participate in the Activities under the influence of alcohol, illicit or prescription drugs that would in any way impair their ability to safely participate in the Activities.
The Participant certifies that they have no health-related reasons, problems or pre-existing conditions which preclude their participation in the Activities.
ASSUMPTION OF RISKS
The Participant understands and acknowledges that there are hazards and risks that they may be exposed to with their participation in any and all of the Activities, not all of which may be known but any of which could cause bodily injury or permanent disability or loss of life and/or loss or damage to their property, and that they will review the hazards of each of the Activities prior to engaging in such;
The Participant accepts and assumes any and all risks and hazards associated with their participation in the Activities, including those due to the acts or omissions of SteepleJAC and its officers, directors, agents, employees, volunteers and independent contractors (collectively referred to as the “RELEASEES”), including any failure to safeguard the Participant from the risks of physical injury, accident, sickness, death, delay, inconvenience or damage to personal property as a result of the their participation in said Activities.
ACTS OR OMISSIONS OF OTHERS
The Participant understands and agrees that the RELEASEES do not represent or act as agent for any third party, including but not limited to, the hosts, operators or managers of premises used for the Activities and providers of food, beverage, transportation and accommodations and that the RELEASEES cannot accept responsibility for the operations, acts or omissions of other individuals, entities or suppliers of goods and/or services.
The Participant hereby agrees to hold the RELEASEES harmless for any physical injury, accident, sickness, death, delay, inconvenience or damage to personal property that is caused or contributed to by the acts or omissions of any third party.
INSURANCE
The Participant acknowledges that they are accountable for their own health and dental insurance, personal property, liability and automobile insurance for any injury, loss or damage that they may sustain or cause to others in the course of their participation in any of the Activities and that the RELEASEES have no responsibility to any loss, damage or expense that the Participant may incur as a result of participating in any and all of the Activities.
CONSENT
The Participant consents to their results in the Activities including but not limited to leaderboard standings and scores to be posted on SteepleJAC’s website, online, in social media, advertising, multi-media coverage or otherwise with the Participant’s username.
The Participant understands that while participating in the Activities, they may be photographed and as such consent and agree to allow their photo, video or film likeness to be used for any legitimate purpose by SteepleJAC including but not limited to use on SteepleJAC’s website, online, in social media, in advertising, in multi-media coverage or otherwise with or without the Participant’s username.
THIRD PARTY RULES
The Participant acknowledges that while participating in the Activities, they may be attending at and participating in Activities at a location owned and operated by a third party and as such the Participant agrees to read, understand and follow the third party’s rules.
The Participant assumes liability for any damage that they cause to a third party or the property of a third party while participating in the Activities.
RELEASE OF LIABILITY
The Participant RELEASES THE RELEASEES from any and all liability for any loss, damage, expense, or injury including death that they may suffer or that their next of kin may suffer as a result of their participation in the Activity, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE OR 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.A. (2000) ON THE PART OF THE RELEASEES, including any failure to protect or safeguard the Participant from injury, disability, death or loss.
WAIVER OF CLAIMS
The Participant WAIVES ANY AND ALL CLAIMS, DEMANDS , SUITS AND ACTIONS that they or their heirs, successors, executors, administrators, representatives and assigns may have against the RELEASEES for any personal loss, injury, disability, death, property damage or loss arising directly or indirectly from the Participant’s participation in the Activities.
INDEMNITY
The Participant HOLDS HARMLESS AND INDEMNIFIES THE RELEASEES from any and all liability for any property damage or losses or injury to any third party resulting from their participation the Activities, including but not limited to the cost of defence, settlement and/or payment of claims or judgments.
ONLINE LIABILITY
The Participant WAIVES ANY AND ALL CLAIMS, DEMANDS, SUITS AND ACTIONS that they or their heirs, successors, executors, administrators, representatives and assigns may have against the RELEASEES from claims for any personal loss, injury, disability, death, property damage or loss arising directly or indirectly from content posted by SteepleJAC or any third parties on SteepleJAC’s website, online and in social media.
The Participant HOLDS HARMLESS AND INDEMNIFIES THE RELEASEES from any and all liability for any property damage or losses or injury to any third party resulting from content posted by third parties on SteepleJAC’s website, online and in social media including but not limited to the cost of defence, settlement and/or payment of claims or judgments.
The Participant agrees that the Terms and Conditions apply to the ASSUMPTION OF RISKS, RELEASE OF LIABILITY, WAIVER OF CLAIMS & INDEMNITY AGREEMENT.
I have read the ASSUMPTION OF RISKS, RELEASE OF LIABILITY, WAIVER OF CLAIMS & INDEMNITY AGREEMENT, fully understand its terms and conditions and understand that I have given up substantial rights by signing it, and I sign it freely and voluntarily without any inducements. By clicking on the “ACCEPT” button, I agree to be bound by the terms of the ASSUMPTION OF RISKS, RELEASE OF LIABILITY, WAIVER OF CLAIMS & INDEMNITY AGREEMENT.
09/18