Wakefield Creative Inc. operating as Vertical Air and its directors, officers, employees, instructors, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors and assigns, as well as the owners, lessees and occupiers of any premises on which Wakefield Creative Inc. operating as Vertical Air conducts its business (hereinafter collectively referred to as the “Releasees”).
ASSUMPTION OF RISKS
I am aware that acrobatics and acrobatic dance instruction, and participating in acrobatics and acrobatic dance instruction lessons, clinics and sessions, including, but not limited to student acrodance exams, student workshops and demonstrations, performing gymnastic, acrobatic or dance maneuvers with or without hand spotting (including inversions and airborne maneuvers)(the “Activities”) involve many risks, dangers and hazards including, but not limited to: collisions with instructors or other participants; being dropped by instructors or other participants; falling while demonstrating gymnastic, acrobatic or dance maneuvers; slipping or falling on equipment (including, but not limited to, mats, hand balance canes, aerial hoop and/or aerial silk, pole, aerial pole); the risk of serious personal injury including, but not limited to, brain injury, spinal cord injuries including paraplegia and quadriplegia, bone breaks and fractures, soft tissue injuries; loss of balance or control; slips, trips and falls; accidents occurring while participating in the Activities; negligent first aid; failure to act safely or within one’s own ability; negligence of other persons; 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 REFERRED TO ABOVE.I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees being able to participate in the Activities and to access the Premises on which the Activities are carried on (hereinafter “the Premises”), I hereby agree as follows:
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 Activities, and my use of or my presence on the Premises, 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, RSA 2000, c O-4, ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES THE FAILURE ON PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE.
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property of or personal injury to any third party, resulting from my participation in the Activities and my 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 the Province of Alberta and no other jurisdiction; and
5. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of Alberta, and shall be within the exclusive jurisdiction of the Courts of the Province of Alberta.
In entering into this Release Agreement I am not relying upon any oral or written representations or statements made by the Releasees with respect to the safety of the Activities and the Premises other than what is set forth in this Agreement.
I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS 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.