WARNING: THIS AGREEMENT AFFECTS LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE, AND CREATES LEGAL RESPONSIBILITIES. PLEASE READ CAREFULLY.
On behalf of myself, my heirs, next of kin, dependents, representatives, successors, executors, assigns and any other person or entity on my behalf, and in consideration of my participation in the 2017 Get Out, Get Active PCN Activity Challenge (the "Event"), I acknowledge and agree to the following:
- I have full knowledge of the nature and extent of the risks inherent to the participation in and training for the Event and that I am voluntarily accepting all risks to my person, property, or any other loss. I understand that I will be solely responsible for any property damage or loss, personal injury, illness, disability (including death) that I sustain while participating in the Event or as a result of utilizing any of the Event's facilities. I hereby waive any and all claims that I may now, and in the future, have against, and release and discharge from liability, and agree not to sue, any of ACDC Physicians Corp, Alberta Heartland Family Physicians NPC, Camrose LPCI Ltd, Edmonton West Family Physicians Group NPC, Grande Cache NPC, Grande Prairie Primary Care Network, Kalyna Family Physicians Group NPC, Lakeland Primary Care Network, Leduc Beaumont Family Physician Group, Lloydminster Family Physicians NPC, Peace River Physician Group NPC, Peaks to Prairies PCN Corporation, Sherwood Park Family Physicians NPC, WestView Physician Collaborative NPC, Wolf Creek Family Physicians and NPC, 1211206 Alberta Ltd., 1200333 Alberta Ltd., 1173653 Alberta Ltd., 1267407 Alberta Ltd., 1191451 Alberta Ltd., 1157178 Alberta Ltd., or Alberta Health Services, Prescription To Get Active NPC and their respective affiliates, owners, operators, principals, members, directors, officers, partners, managers, employees, donors, sponsors, representatives, agents, event organizers, volunteers, affiliated clubs, beneficiaries, successors and assigns (the "Released Parties"), in relation to any damage, injury, costs (including legal costs) or claims whether arising from any illness, injury, loss, or otherwise, and no matter how such is caused, including, but not limited to, any cause arising from the negligence, gross negligence, breach of contract, or breach of any statutory or other duty of care on the part of any of the Released Parties.
- I will indemnify, defend and save harmless each of the Released Parties from all claims, demands or actions to which such Released Party may be subjected arising out of any loss or injury as described above.
- I represent and warrant to the Released Parties that:
- I am in good health and that I have no physical limitations that would prevent my safe participation in the Event.
- I am aware that the use of protective equipment may prevent injuries or death during participation in the Event. I agree to provide my own protective equipment, if desired.
- I understand that the Released Parties will not provide staff, instructors, safety monitors or any personnel of any kind who may watch over my safety
- I am not relying on any oral or written representations or statements made by the Released Parties or anyone else with respect to the safety of participating in the Event or in executing this Agreement.
- I acknowledge and agree that my or my minor child's name, likeness, voice, statements, photograph and/or video coverage from the Event can be used without my further consent, in any capacity that the Released Parties deem appropriate, including, without limitation, in any broadcast, telecast, print coverage or advertising promotion, whether in connection with the Event or future events, without remuneration, throughout the world in perpetuity, and I hereby release the Released Parties from any and all claims arising from such use.
- I acknowledge and agree that personal information may be collected from me by the Released Parties in connection with my or my minor child’s participation in the Event and may be used or disclosed for the purposes of promoting, administrating, operating, or advertising the Event, or for any related purpose. I acknowledge and agree that any personal information (including individually-identifying information) entered on the Get Out Get Active website (including my name, email address, team name and responses to any evaluation questions) may be shared with the Released Parties for these purposes. I consent to the collection, use and disclosure of my personal information for these purposes.
- Should it become necessary for the Released Parties to incur legal fees or costs to enforce this Agreement, or any portion of it, I agree to pay all costs and legal fees expended, on a solicitor and client basis.
- If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the validity and the enforceability of the other provisions of this Agreement shall not be impaired or affected. This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Alberta who shall have exclusive jurisdiction over any dispute concerning the subject matter of this Agreement.
- I have read this Agreement carefully and agree to its terms. I have agreed to the terms of this Agreement freely and voluntarily without any inducement, assurance or guarantee being made to me. I have had the opportunity to seek independent legal advice and have either obtained this advice or waived the need for such advice. I understand and intend that my electronic acceptance is a complete and unconditional release of all liability as set out in this Agreement. I further understand that by clicking the "accept" button below that I am agreeing to comply with and to be bound by the terms of this Agreement as if I had signed a physical copy of this Agreement containing these terms.