2024 RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (Hereinafter referred to as the “Release Agreement”)

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RELEASE AGREEMENT

TO:         THE CORPORATION OF THE CITY OF PENTICTON and all owners or occupiers of venues or premises where the Santa Parade (THE EVENT as defined herein) take place, and their respective directors, officers, employees, volunteers, officials, marshals, first aid attendants, sponsors, agents, representatives, independent contractors, subcontractors, suppliers, successors and assigns (all of whom are hereinafter referred as “the Releasees.”)

DEFINITION
In this Release Agreement the term “Santa Parade” (THE EVENT) shall include all activities, events, actions, directions or operations organized, provided, arranged, conducted, sponsored, promoted, authorized by or connected with the Releasees.

SAFETY
I have been advised to comply with all applicable municipal and provincial highway laws and regulations, Santa Parade rules and procedures and regulations for the safe operation of vehicles and equipment.

ASSUMPTION OF RISKS
I am aware that participation in THE EVENT involves many risks, dangers and hazards including, but not limited to: changing weather conditions; mechanical failure of vehicles and equipment; loss of balance; falls; slippery surfaces, potholes, curbs,  pedestrians, motor vehicles, encounters with animals, physical exertion, negligence on the part of other participants; and NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE EVENT.

I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE EVENT AS SET OUT ABOVE AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.


RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

In consideration of the RELEASEES agreeing to my participation in THE EVENT either as a parade participant, or as an official, volunteer, event organizer, guest or member of the media and permitting my use of their services, equipment and other facilities,
and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:

1. 1.    TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have 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 participation in THE 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, ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING THE EVENT as set out above;

2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in THE EVENT;

3. This Release 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;

4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the province of British Columbia and no other jurisdiction; and

5. Any litigation involving the parties to this Release Agreement shall be brought solely within the province of British Columbia and shall be within the exclusive jurisdiction of the Courts of British Columbia.

In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of THE EVENT, other than what is set forth in this Release Agreement.

I CONFIRM THAT I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.

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The City of Penticton respects your privacy and is committed to protecting your personal information. Your personal information will be collected and only used for the purpose of applying to be in the Santa Claus Parade pursuant to Section 26(c) of The Freedom of Information and Privacy Act. If you have any questions about the collection, access, use or disclosure of your personal information, please contact Angie Collison, Corporate Officer/Head of FOIPPA at foi@penticton.ca or 250-490-2410