Release and Waiver
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK & INDEMNITY
BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION. PLEASE READ CAREFULLY
In consideration of permission, granted now or in the future by the Regional Recreation Corporation of Wood Buffalo (the "RRC") to the Participant (as defined below) to utilize RRC's equipment and/or facilities to participate in a sport or recreation activity (an "Activity"), and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned accepts and agrees to this Release of Liability, Waiver of Claims, Assumption of Risk and Indemnity (the "Release") in favor of the RRC, the Regional Municipality of Wood Buffalo (the "RMWB"), and each and every director, officer, elected official, employee, affiliate, agent, delegate, representative, contractor, supplier, volunteer, or sponsor of the RRC or the RMWB, and all individuals associated with the RRC or the RMWB with respect to their involvement with the Activity in any way (collectively all such parties are the "Released Parties"). The undersigned may be a participant in an Activity, or a user of RRC's equipment and facilities (and is in either such case, or both, referred to herein as the "Participant"), or the undersigned may be the parent or legal guardian of a Participant that is under 18.
Release of liability & waiver of claims
The undersigned releases, discharges and waives any and all allegations, actions, suits, demands, and claims against the Released Parties for any loss, cost, personal injury, property damage, death, or any other liability arising out of or in any way connected with the Participant's participation in the Activity or access to or use of RRC's facilities or equipment, no matter how caused, and whether foreseen or not (collectively, "Claims").
For greater certainty, but without limiting the generality of the foregoing, Claims include claims for negligence, breach of contract, breach of any statutory, equitable or common law duty of care, and claims for any failure of Released Parties to take reasonable steps to safeguard or protect the Participant from the risks, dangers and hazards of participating in an Activity or using RRC's facilities or equipment.
Indemnity
The Undersigned shall indemnify and hold the Released Parties harmless against all Claims, and against any damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including legal costs on a solicitor-and-own-client basis) which may arise out of, relate to or result from any act or omission of the Participant (or the undersigned, as the case may be).
Assumption of Risk
The undersigned explicitly acknowledges and agrees that participation in the Activity is purely voluntary and that participating may put the Participant at risk of serious injury or illness, including, without limitation, death or paralysis.
The undersigned acknowledges and accepts all risks arising from or in any way connected with the Participant's participation in the Activity and use of RRC's facilities or equipment. Such risks include, but are not limited to: the diagnosed or undiagnosed health conditions of the Participant; failure on the part of the Participant or others to follow safety procedures; wet, icy or otherwise dangerous surfaces; contracting or being exposed to viruses, pathogens or other contaminants; falling objects and ice; equipment failure; improper use or maintenance of equipment or facilities; the actions of other people (including spectators and Released Parties).
The Undersigned acknowledges that there are additional risks inherent in participating and travelling to and/or from dance competitions, community performances, and other events. Activities, Events and Competitions may be held in or outside the region, province, or country, and the Undersigned acknowledges that risks and dangers and losses associated with participating and travelling to Activities, Events and Competitions may arise from a number of circumstances. This release covers claims of liability and death, personal injury and property damage arising out of my participation no matter how caused or whether foreseen or not.
Applicability and enforcement
The undersigned expressly agrees that this Release is intended to be as broad and inclusive as permitted by the laws of the Province of Alberta.
The undersigned agrees that if any part of the Release is held to be invalid or illegal or unenforceable for any reason, such invalidity shall not affect the remaining provisions of this Release, which shall continue to be enforceable. This Release shall be governed by the laws of the Province of Alberta.
For Participants Under 18
The Parent / Guardian of the Participant personally rep[resents and warrants that he or she is duly authorized to agree to this Release on behalf of the Participant and on behalf of all the parents and guardians of the Participant. The undersigned Parent / Guardian of the Participant has read the release and confirms that he or she hereby agrees to and provides the Release for and on behalf of the Participant, and for and on behalf of himself or herself and all parents or guardians of the Participant, and agrees to all of the provisions and terms of the release.
Rules and Directions
The Parent / Guardian agrees to comply with and to cause the Participant to comply with all rules, regulations, and instructions of the MacDonald Island Dance Academy (MIDA), and of all officials and volunteers of the MIDA.
The Participant and Parent / Guardian will obtain, read, understand, and adhere to the guidelines of the Parent Handbook. Handbooks will be available in the first week of classes.
The Participant will wear appropriate dancewear that is demanded by the discipline and listed in the program information.
The RRC and MIDA reserve the right to assign the Participant to a group most appropriate for their age and ability. The RRC and MIDA reserve the right to request any Participant to withdraw from a class if the Participant is not acting in an appropriate and responsible manner. The RRC and MIDA reserve the right to distribute client information to Class Representatives for specific class-related communication purposes.
Any class that does not meet the minimum number of Participants will be cancelled by the RRC and MIDA and a 100% refund will be given with no administration fees.
Registration Fee
The Undersigned understands that this is a binding legal agreement to pay all current and future fees to the RRC. Any payments returned NSF, account closed or credit card rejected or returned items and transactions will be subject to a $ 25 administration fee. Starting October 31, 2021 cancellations will only be issued with either a medical certificate or due to relocating outside the Wood Buffalo region subject to 10% full season fee. The Undersigned understands that there are no other cancellations, transfers or deferrals for all fees paid and future fees payable.
Privacy and Disclosure
The Undersigned hereby grants the RRC and MIDA permission to use the likeness of the participant in a photograph, video or image in any and all of its publications, marketing materials, and website entries, without payment or any other consideration. The Undersigned understands and agrees that these materials will become the property of the RRC and MIDA and will not be returned. The Undersigned hereby irrevocably authorizes the RRC and MIDA to edit, alter, copy, exhibit, publish or distribute this photo for purposes of publicizing the RRC's and MIDA programs or for any other lawful purpose. in addition, the Undersigned waives the right to inspect or approve the finished product, including a written or electronic copy, wherein the Participant's likeness appears. Additionally, the Undersigned waives any right to royalties or other compensation arising or related to the use of the photograph.
Agreement
I, THE PARTICIPANT, AM AT LEAST 18 YEARS OLD OR I AM THE PARENT OR GUARDIAN OF THE PARTICIPANT:
I HAVE READ THIS DOCUMENT FULLY. I UNDERSTAND WHAT IT SAYS AND I AM INTENTIONALLY AND VOLUNTARILY SIGNING THIS RELEASE IN ORDER TO PERMIT THE PARTICIPANT TO PARTICIPATE IN AN ACTIVITY AND/OR TO USE RRC'S EQUIPMENT OR FACILITIES. I UNDERSTAND THAT BY DOING SO I AM WAIVING SUBSTANTIAL LEGAL RIGHTS, WHICH I AND MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AND ANYONE ELSE WHO MIGHT CLAIM OR SUE IN MY NAME OR ON MY BEHALF, MAY HAVE AGAINST THE RELEASED PARTIES.
