RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
READ CAREFULLY BEFORE PROCEEDING!!!!!!!! UNKLE and its affiliates, individually, and as a whole, together with their representatives, directors, officers, agents, employees, successors, assigns, and sponsors (herein called “UNKLE”). By participating in/volunteering with the event I agree as follows: • I wish to participate/volunteer in Skate Sun Peaks (herein called “the event”), and I agree to abide by all rules, regulations, and event instructions of the event, as well as applicable municipal and provincial laws and regulations. • I understand that I, along with others, will be provided with the opportunity to participate in/volunteer with the event. I understand there are health risks associated in participating in/volunteering with the event. • I attest that I am physically capable of participating in/volunteering with the event. I acknowledge that I am solely responsible for my personal health and safety, and the personal property that I bring with me. I confirm that I have valid medical insurance for the province/country that the event is being held in. I consent to receive medical treatment, which may be advisable in the event of illness or injuries suffered by me during the event, and I agree to pay for the costs of any such medical treatment. I understand that individuals who are pregnant; have poor cardiac functioning; are intoxicated; or suffer from seizures should not participate in/volunteer with the event. • I acknowledge that during the event, I must obey the directions of the event staff, of local authorities and all the applicable laws and regulations, of the province/country where the event is being held. • I understand that UNKLE reserves the right to cancel, suspend, amend or terminate the event at any time, at their sole and absolute discretion, if any factor interferes with the ability of the participants to safely complete the event as contemplated by this agreement. • I understand that all registrations purchased for the event are non-refundable and non-transferable, even if I do not participate in/volunteer with the event. • In consideration of being permitted to participate in/volunteer with the event, intending to be legally bound, I do hereby, for myself, and my heirs, executors, and administrators: Waive, release and forever discharge any and all rights or claims for damages which may have or which hereafter accrue to me against any all persons, organizations, and legal entities affiliated with the event, including UNKLE, for any and all damages which may be sustained or suffered by me in conjunction with my entry in, and/or arising out of my travel to, participation in, or returning from the event. • Acknowledge and give permission to UNKLE, for the free use of all intellectual property rights, including the free use of my name, photograph, video image, voice, or likeness in any broadcast, telecast, advertising promotion, or other account of the event or marketing or promotion for future or similar events, and waive any rights of privacy I may have in that regard. • ASSUME FULL RESPONSIBILITY AND ALL LIABILITY for my actions or omissions, and any loss, injury or damage to any persons or property, which results from my actions or omissions, whether negligent or otherwise, in connection with my participation in the event. • ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of or related to the event whether caused by the NEGLIGENCE OF UNKLE or otherwise. • Acknowledge that THE ACTIVITIES OF THE EVENT MAY BE DANGEROUS and involve the risk of serious injury and/or death and/or property damage, and that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF UNKLE. • I agree that my sole remedy for a breach by UNKLE of this agreement shall be an action at law for damages. In no event shall I seek or be entitled to rescind or terminate this agreement, injunctive or other equitable relief or be entitled to restrain or enjoin the development, production or exploitation of the event anywhere in the world. • If any provision of this agreement is void or unenforceable in any jurisdiction, it is severed, to the extent of such invalidity or unenforceability only in respect of that jurisdiction. The remainder of this agreement has full force and effect and the validity and enforceability of that provision in any other jurisdiction is not affected. This is the entire agreement between me and UNKLE and this agreement may not be modified or changed unless both parties agree to the contrary in an agreement signed by both parties. The preamble to this agreement shall form part of this Agreement and be deemed incorporated by this reference. • The terms of the agreement shall be governed by the laws of the Province of BC and the laws of Canada applicable therein, without regard to conflict of laws and it is agreed that I will submit to the exclusive jurisdiction of the courts of the Province of BC. I acknowledge that this agreement, is legal and binding upon agreeing to participate in/volunteer with the event and was agreed to prior to my participation/volunteering in the event. I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING UP TO PARTICIPATE IN/VOLUNTEER WITH OR ATTEND THE EVENT, AND AM DOING SO FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS, OR ASSURANCE OR GUARANTEE BEING MADE TO ME. I INTEND MY PARTICIPATION, TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.