Waiver

PARTICIPANT RELEASE AND WAIVER

I, the Undersigned, acknowledge and understand that the [Sun Life Walk to Cure Diabetes for JDRF] (the “Event”) has been organized by and will be run by [JDRF Canada] (“Organizer”). I further acknowledge and understand that the Juvenile Diabetes Research Foundation Canada (“JDRF”) is not involved with or responsible for the organization, coordination or running of the Event.

ASSUMPTION OF RESPONSIBILITY, RISKS AND LIABILITY WAIVER - BY SIGNING THIS LEGAL DOCUMENT, YOU WILL BE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE - PLEASE READ CAREFULLY. ASSUMPTION OF RISKS AND ASSUMPTION OF RESPONSIBILITY - I REALIZE THAT THERE ARE POTENTIAL RISKS INHERENT IN MY VOLUNTARY PARTICIPATION IN THIS EVENT. I acknowledge that I am the Participant or the applicable Parent/Guardian of the Participant referred to herein and the Participant is physically fit and able to participate in the Event organized by Organizer, and that there are no medical or health concerns, known or unknown to me, which would affect the Participant’s participation in the Event. I acknowledge the Event is physically demanding and that there is a risk of injury. I freely and voluntarily accept and assume all such risks, dangers and hazards, including the possibility of personal injury, illness, death, violence, property damage, expense or loss, which may occur as a result of participating in this Event, including any personal injury, illness, death, violence, property damage, expense or loss resulting or arising from travel to or from the Event, attendance at the Event or any other related activities during this Event. I accept my responsibility to ensure that the Participant abides by all applicable laws of the Province of Ontario and the laws of Canada applicable therein, and will ensure that the Participant has adequate medical coverage, protects his/her personal possessions, and obey all the rules set out for this Event.

 

BY SIGNING THIS RELEASE AND WAIVER I HEREBY ACKNOWLEDGE that in consideration of approval to participate in this Event, I hereby agree, on behalf of myself, the Participant, and the Participant’s heirs, executors, insurers, administrators, and assigns (the “Releasors”), to indemnify, hold harmless, waive, release and forever discharge JDRF and Organizer, and their respective parents, subsidiaries, affiliates and all of their respective officers, directors, partners, employees, agents, service providers, contractors, insurers, trustees and all of their respective successors and assigns, and all sponsors, officials, employees, volunteers, organizers and any other party or person connected with this Event in any way (the “Releasees”) from all Claims (hereinafter defined) whatsoever of every nature and kind, whether arising at law, in equity or under any applicable statute or regulation of Canada, any province or otherwise applicable, howsoever arising, whether unanticipated or anticipated, present or future, known or unknown, in any way relating to or arising from or in connection with the Participant’s participation in the Event and activities associated with it, whether as a spectator, participant, or competitor in the Event, whether or not any such Claim occurs prior to, during or subsequent to the Event, and notwithstanding that any such Claim may have been caused by, contributed to or occasioned by the negligence, carelessness, neglect blame or liability of the Releasees. The Participant and if applicable the Parent/Guardian further agree, on behalf of itself and themselves, and anyone entitled to act on behalf of the Participant, including their respective heirs, executors, administrators, successors and assigns, not to make any Claim or to commence or maintain any action or proceeding, against any person or corporation that might claim contribution or indemnity or seek declaratory relief in a third party proceeding under the provisions of any applicable law or otherwise in respect of any matter in any way relating to the Event, without the consent of JDRF. The Participant and if applicable the Parent/Guardian further agree to save harmless and indemnify JDRF of and from any and all liability for any such Claim. For the purposes of this Release and Waiver, the term “Claim” includes any claims, disputes, demands, complaints, actions, application, suits, causes of action, injunctive or any other relief, accountings, charges, debts, dues, duties, interest, penalties, liabilities, expenses, costs, damages, or losses, contingent or otherwise, of any kind or nature, whether liquidated or unliquidated, matured or unmatured, disputed or undisputed, contractual, legal or equitable, including loss of value, professional fees, including fees and disbursements of legal counsel on a full indemnity basis, and all costs incurred in investigating or pursuing any of the foregoing or any proceeding relating to any of the foregoing and the term “Claims” shall refer to each Claim collectively. Release and Waiver is for the benefit of the Releasees and is binding upon the Participant, the Parent/Guardian, and it may be raised as a complete bar to any and all Claims in respect of the Participant’s attendance or participation in the Event. The provisions of this Release and Waiver shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein. I irrevocably attorn to the jurisdiction of the Ontario courts, and hereby agree to commence any proceeding in Toronto, Ontario. The parties waive all questions of personal jurisdiction or venue for the purpose of carrying out this provision.

RISKS ASSOCIATED WITH CORONAVIRUS DISEASE 2019 (“COVID-19”)

COVID-19 has been declared a worldwide pandemic by the World Health Organization, is highly contagious and is known to spread mainly by contact from person to person. I, the Participant, understand that participating in the Event could increase my risk of contracting COVID-19 despite all preventative measures put in place and I voluntarily assume the risk of exposure or infection by COVID-19 by participating in the Event. I, the Participant, understand that such exposure or infection may result in personal injury, illness, permanent disability, or death to myself or any family members or individuals that I may interact with outside of the Event. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of JDRF and Organizer, or their respective employees, volunteers, agents, representatives, and affiliates, relating to COVID-19 and whether a COVID-19 infection occurs before, during or after participation in the Event. I further understand that JDRF is not responsible for ensuring that Organizer’s Event guidelines, rules and protocols (the “Organizer Event Protocol”) are developed and implemented in accordance with relevant public health authority guidance respecting COVID-19.

In order to participate in the Event, I, the Undersigned, hereby understand and acknowledge the following:

  1. Participant or anyone in Participant’s household, are not experiencing any symptoms of illness in the past 14 days, including but not limited to those symptoms set out by the Public Health Agency of Canada as may be updated from time to time. Such symptoms may include: cough, shortness of breath or difficulty breathing, temperature equal to or over 38°C, feeling feverish, chills, fatigue or weakness, muscle or body aches, new loss of smell or tase, headache, gastrointestinal symptoms (abdominal pain, diarrhea, vomiting) and feeling very unwell. If Participant or anyone in Participant’s household experiences any symptoms of illness as described above after submitting this declaration, Participant will not participate in the Event.
  2. Participant has not been diagnosed with COVID-19, or if previously diagnosed with COVID-19, Participant is currently not required to or recommended to self-isolate by relevant provincial or local public health authorities. Participant will not participate in the Event if previously diagnosed with COVID-19 and subject to such recommended or required self-isolation.
  3. Participant will not participate in the Event if he or she has any reason to believe that Participant has been exposed to COVID-19.
  4. Participant has not travelled outside of Canada within 14 days of the Event.
  5. Participant agrees to comply with the Organizer Event Protocol which may include practicing physical distancing measures and/or wearing non-surgical masks or face coverings. If required by Organizer Event protocol, Participant agrees to provide Organizer with his or her contact information for the purposes of contact tracing.
  6. Participant is following all relevant public health authority recommended guidelines and limiting exposure to COVID-19, and agrees that he or she will not participate the Event unless continuing to follow all public health authority recommended guidelines and limit exposure to COVID-19.
  7. Participant shall inform Organizer promptly should Participant be diagnosed with COVID-19 in the 14 days following the Event.

PRIZES AND INCENTIVES – I, the Undersigned, hereby expressly disclaim any liability of any nature whatsoever arising from or related to the prizes and/or incentives received during or associated with the Event. I acknowledge that there is no substitution or cash equivalent for such prizes and/or incentives.

USE OF INFORMATION - I, the Undersigned, irrevocably grant to JDRF, the right to photograph and/or film the Participant during the Event and give permission to JDRF and its sponsors to use photographs and/or video and/or audio of me taken at or during the Event, within JDRF or its sponsors’ programs, events and promotional initiatives such as, but not limited to, newsletters, articles, publications, websites, social media, print, presentations or other purposes as JDRF may decide upon. I hereby release the JDRF and its sponsors from all manner of Claims related to or arising from such use. I agree that I shall have no right of approval and no claim to additional compensation or benefit, and no claim (including, without limitation, claims based upon invasion of privacy, defamation or right of publicity) arising out of such use.