JUMP IN™ RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT (the “Agreement”)
JUMP IN™, is hosted by The University of Ottawa Heart Institute Foundation (herein called “UOHIF”).
In consideration of being permitted by UOHIF to participate in JUMP IN™, which I may or may not be registered for (collectively, the “Event”), I understand, acknowledge, and agree as follows:
- I acknowledge that I have voluntarily registered to participate in the Event and that I am voluntarily electing to participate in the Event.
- I acknowledge that I have read, understand, and accept the Event description, as it appears in the Event’s advertising materials and website (jumpinnow.ca); and the supplementary material I have received.
- For any questions or more information related to this Waiver, please contact The University of Ottawa Heart Institute Foundation at (613) 696-7030 or email@example.com
- I understand and acknowledge that despite all precautions taken by UOHIF, there are inherent risks and hazards
associated with my participation in the Event, including but not limited to the following:
- Harm to self or others while exercising or participating in activities I am made aware of through the Event.
- Loss or Damage to Personal Property.
- Food allergies, food-borne illness or choking hazards from following diets or consuming foods I am made aware of through the Event relating to diet or nutrition.
- Medical Treatment: Any manner of injury resulting from first aid treatment or service rendered in connection with the Event.
- Terrain: Any manner of injury resulting from falls on steep, icy, slippery, or uneven terrain. There is a possibility of sudden impact with terrain features that can result in bodily injury or even death. Injury or death may be caused by, without limitation a) making contact with rocks, trees, obstructions, structures, and other participants, visible or non-visible, b) entanglement or impalement.
- Weather: Any injury or illness resulting from exposure to cold, wet or windy weather, or the effects of heat and sunlight.
- Remoteness: The possibility of becoming lost and unable to access medical help in an emergency.
- Motor Vehicle Accidents.
- COVID-19-related risks.
- Traveling/Transportation: Any manner of injury resulting from travel and/or transportation that results in injury, accident or death.
- Other Hazards: any other risks and dangers not known or reasonably foreseeable at this time.
- I acknowledge that I am voluntarily assuming such risks as described above.
ACKNOWLEDGEMENTS AND REPRESENTATIONS
- I hereby acknowledge that I must be in good health to participate in the Event. I understand that participation in the Event requires physical exertion, and I represent and warrant that I have no limitations and/or restrictions that would prevent my full and safe participation in the Event.
- I understand that it is my responsibility to consult with a physician prior to and during the course of my participation in the Event and to comply with my physician’s recommendations and/or advice, if any.
- I acknowledge that I have been advised that participation in the Event could, in some circumstances, increase risk of illness or injury such as (but not limited to) abnormal blood pressure, fainting, heartbeat disorders, physical injury, and heart attack. I also understand that I could experience muscle, back, and other injuries during the Event. I acknowledge that it is solely my responsibility to immediately stop participating in the Event should I experience any symptoms of illness or injury. It is also my responsibility to seek medical advice or support if required in these circumstances.
- I understand that it is my continuing responsibility to inform UOHIF of any medical conditions, injuries, or surgeries that I may have prior to commencing the Event or that I may develop during the term of the Event, if such conditions, injuries, or surgeries could impact my full and safe participation in the Event. I will remove myself from participation in the Event if I sense or observe any unusual hazard or unsafe condition or if, at any time, I feel unable or unfit to safely continue for any reason.
- I understand that it is my responsibility to abide by COVID-19 protocols and regulations while partaking in the event. This includes, but is not limited to proper social distancing, wearing a mask when inside a business and in public areas outside when social distancing is not an option.
WAIVER, RELEASE, INDEMNITY
- In consideration of being permitted to participate in the Event, I voluntarily and expressly waive for myself, my heirs, executors, administrators, successors, and assigns any “Claim” (as defined below) I may have against UOHIF, its directors, officers, shareholders, owners, agents, employees, contractors, instructor(s), volunteers, the landlord of the premises, the property managers and each of their respective successors and assigns (each, a “Released Party”) for any Claim that I may sustain as a result of participating in the Event.
- “Claim” includes but is not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, loss, injury, mental suffering, distress, or death that I may suffer in connection with my participation in the Event.
- In consideration of being permitted to participate in the Event, I, for myself, my heirs, executors, administrators, successors, and assigns, release each Released Party from any and all actions, causes of action, complaints, demands, and claims whatsoever in existence, prior to, on, or after the date hereof, directly or indirectly arising from my participation in the Event, including but not limited to any negligence, breach of contract, or breach of any statutory or other duty of care owed by a Released Party.
- I covenant not to sue any Released Party for any Claim.
- I agree to indemnify and hold harmless each Released Party from any loss or liability incurred in defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the negligence of any Released Party or anyone else.
ASSUMPTION OF RISKS
- I agree to assume full responsibility for any risks, injuries, or damages, known or unknown, which I might incur as a result of participating in the Event, including any risk that might have been caused, directly or indirectly, from the negligence of a Released Party. The Event is intended to last for several weeks, and the risks assumed can change over time.
NO INSURANCE COVERAGE
- I understand that UOHIF does not carry or maintain health, medical, or disability insurance coverage applicable to me. I am expected and encouraged to participate at the Event with appropriate medical or health insurance coverage in effect.
SOCIAL MEDIA RELEASE
- I hereby give UOHIF, and its employees, contractors, agents, sponsors, and representatives the irrevocable right to use my name, photograph, image, audio recording, video recording and likeness (collectively, “My Image”) in all forms and manner, including but not limited to, print media, digital media, the Internet, and social media, where I have made it clear that my Image is used in connection with the Event, without further notification. Without limiting the generality of the foregoing, I have given this permission to use My Image where I use the hashtag #JUMPINFORHEARTHEALTH, tag one of UOHIF’s social media accounts, or otherwise clearly reference the Event in connection with my Image.
- In the circumstances pursuant to a), I further grant UOHIF and its employees, contractors, agents, sponsors, and representatives the right to reproduce, use, exhibit, display, broadcast and distribute and create derivative works of My Image in any media now known or later developed as well as my name for promoting, publicizing or explaining the Event. I understand that UOHIF may use the aforementioned images and/or recordings with and without associating names thereto.
- I further waive any claim for compensation of any kind as a result of UOHIF’s use or publication of photographs of me in the circumstances set in a).
- I hereby fully and forever discharge and release UOHIF from any claim for damages of any kind arising out of the use or publication of My Image in the circumstances set out in a).
- I acknowledge that in the event that any provision of the Agreement, in whole or in part, is held to be invalid or unenforceable by any court of competent jurisdiction, the invalidity of such provision or part thereof shall not affect the validity or enforceability of the remainder of such provisions nor the remaining provisions of this Agreement, all of which shall continue to be valid and enforceable.
- This Agreement will be construed in accordance with and governed by the Laws of the Provinces of Ontario, as applicable, and any applicable Federal laws.
- I further acknowledge and agree that the terms of this Agreement are fully understood by me, that I am not under the influence of alcohol or other impairing substances, that I have had independent legal representation in connection with this Agreement or the opportunity to obtain same, and that this Agreement is voluntarily entered into by me.
- I am at least 18 years of age.
- I have read this Agreement carefully and fully understand its contents. I understand that this is a consent and release from liability and constitutes a contract between me and UOHIF. I agree to participate in the Event on this basis.
- If I am providing consent on behalf of a minor (an individual under 18 years of age): I hereby represent that I am a parent with lawful custody or legal guardian of the minor participating in the Event (the “Minor”). I hereby agree that this Agreement binds me and said Minor to all of its terms now and when the Minor reaches the age of majority in their province of residence. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I indemnify the Released Parties against all claims, liabilities, and expenses respecting this Agreement as if I were an original party thereto and pertaining to any future claims made by the minor in respect of the Agreement. I further certify that Minor is in good health and is capable of participating in the Program. In the event that the Minor is injured or suffers from illness and I am unable to be contacted, I authorize the Released Parties to seek medical attention on the Minor’s behalf.
- I ACCEPT (*by acknowledging, you are accepting all terms of this waiver of claims, assumption of risks, and indemnity agreement)