TO: CITY OF PENTICTON and its councillors, officers, employees, agents, representatives, volunteers, independent contractors, subcontractors, successors and assigns and all event organizers, course workers, officials, participants, sponsors, promoters and advertisers (hereinafter collectively referred to as the “Releasees”)
DEFINITION
In this Release Agreement the term "Special Events" shall include all activities organized, conducted, promoted or sponsored by the Releasees and shall include, but not limited to, races, competitions, demonstrations and other such events or activities.
ASSUMPTION OF RISKS
I am aware that participating in an outdoor hockey tournament involves many inherent risks, dangers, and hazards, including but not limited to: changing weather conditions such as snow, rain, wind, or extreme cold; ice conditions, including uneven surfaces, cracks, holes, soft spots and snow; impact or collision with boards, nets, goalposts, rink structures, ice maintenance equipment, equipment used for special events, spectators, officials or other participants; loss of balance, slips, trips, and falls on ice or surrounding areas; use of hockey equipment, including sticks, pucks, skates, and protective gear, which may cause injury; failure to skate or play safely or within one's own ability or within designated areas; fatigue, stress, dehydration, exertion, and lack of fitness; infectious diseases contracted through viruses, bacteria, parasites, and fungi, which may be transmitted through direct or indirect contact; Negligence of other participants, officials, or spectators; Negligent first aid; 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 OR WARN ME OF THE RISKS, DANGERS, AND HAZARDS OF PARTICIPATING IN THE OUTDOOR HOCKEY TOURNAMENT.
I am also aware that the risks, dangers and hazards referred to above exist throughout the area used for ice hockey and Special Events and that many are unmarked. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN SPECIAL EVENTS 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 allowing me to participate in Special Events as a competitor, course worker, official, volunteer, event organizer, guest or member of the media, and permitting my use of their services, equipment, temporary structures, event venue, ski runs, terrain parks, race courses and other facilities (hereinafter the "premises"), I hereby agree as follows:
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 Special Events, use of or presence on the premises or travel beyond the ski area boundary 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, RSBC 1996, c 337, 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 OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN SPECIAL EVENTS;
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to the property of or personal injury to any third party resulting from my participation in Special Events, use of or presence on the premises.
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 British Columbia and no other jurisdiction; and
5. Any litigation involving the parties to this Release Agreement shall be brought solely within British Columbia and shall be within the exclusive jurisdiction of the Courts of British Columbia.
