Waiver

THE CORPORATION OF THE CITY OF TEMISKAMING SHORES WAIVER AND RELEASE OF CLAIMS, ASSUMPTION OF RISK AND CONSENT TO MEDICAL TREATMENT AND COVID-19 SCREENING

NOTICE! Please read this document (the Waiver) very carefully, as it affects your future legal rights and the rights of any minor child/ward or other person for whom you are a parent or legal guardian or in any way connected, have previously registered or will hereafter register (Dependant Registrant(s)). Please provide your initials where indicated below after reading this document and by doing so you certify having read and fully understood what is written in this document.

By signing this Waiver below, you (on behalf of yourself, your Dependant Registrant(s), and any personal representatives, assigns, heirs and next of kin) acknowledge, agree and represent that you have carefully read and fully understood this Waiver and agreed to all of its terms. Each individual attending any of The Corporation of the City of Temiskaming Shores (the City) premises, or participating in the activities of the City’s Recreation Department at such premises (herein referred to as the Premises) must complete and sign this Waiver.

A parent/guardian of a Dependant Registrant must complete and sign the Waiver on behalf of the Dependant Registrant. This Waiver must be carefully read and signed in consideration of the opportunity of being a willing attendee permitted to enter the Premises or participate in any activities conducted in or upon the Premises, including those of the City’s Recreation Department. As used herein, the term Releasees is defined to include the following: the City, together with its past and present elected officials, employees, volunteers, agents, representatives, contractors, successors, assigns and insurers.

Certification and Authorization

In consideration of the City permitting me or any Dependent Registrant(s) to attend in or upon the Premises and participate in any activities offered by its Recreation Department, I hereby:

1. a) certify and represent that I have legal authority to authorize medical care and consent for the Dependent Registrant(s);
2. b) consent to and authorize the City to provide such medical care to me and all of my Dependent Registrants as the City may deem necessary in the event of injury, and I agree to pay for all expenses incurred by the City in the provision of such medical care;
3. c) consent to and authorize the City to conduct 2019 Novel Coronavirus (COVID-19) screening of me and any Dependent Registrant, at such times and in such manner as the City may require prior to being permitted to participate in any activities offered by the City’s Recreation Department; and,
4. d) agree to defend, release, indemnify and save harmless the City from and against all claims, proceedings and/or actions in respect of any costs, losses, damage or injury, directly or indirectly arising from or in any way related to me or my Dependent Registrant(s) attendance at the Premises, participation in any activities offered by the City’s Recreation Department, or by reason of the provision of medical care by any of the Releasees to me or the Dependent Registrants. This includes but is not limited to exposure to or contracting COVID-19.

Acknowledgment of Risk of Serious Injury, Illness, Death or Property Damage

I expressly acknowledge and agree that my or the Dependant Registrant(s) attendance at the Premises and/or participation in any activities offered by the City’s Recreation Department, or by reason of the provision of medical care by the City to me or the Dependent Registrants may involve the risk of serious injury, illness, death and/or property damage. This includes but is not limited to exposure to or contraction of COVID-19.

Voluntary Assumption of Risks

I am fully aware of the risks and hazards inherent in my attendance at the Premises and participation in any activities offered by the City’s Recreation Department, or by reason of the provision of medical care by the City to me or the Dependent Registrants, including but not limited to exposure to or contraction of COVID-19 and I voluntarily, knowingly and freely assume all risks associated with same, including, but not limited to, my own actions or inactions (or the actions or inactions of the Dependant Registrant), the actions or inactions of others (including but not limited to the Releasees), falls, injuries, illnesses, infections, contact with others (including but not limited to the Releasees or visitors), navigating any and all obstacles and any defects of the Premises.

Physical/ Medical Condition of Registrant/Dependant Registrant

I represent and warrant to the Releasees that I and any Dependant Registrant, are in good physical condition; able to safely participate in the activities offered by the City’s Recreation Department; have no medical condition that would make my participation in the activities offered by the City’s Recreation Department more hazardous to ourselves or others, including but not limited to COVID-19.

If I am, or any Dependant Registrant is, pregnant, disabled in any way or have recently suffered an illness or injury; including but not limited to COVID-19, I have consulted a physician before attending the Premises or participating in the activities offered by the City’s Recreation Department.

Consent to Medical Care and Transportation

I consent to medical care and transportation for me and any Dependant Registrant, in order to obtain treatment in the event of any medical emergency or injury to us as the Releasees or other medical professionals may deem appropriate and understand that this Waiver extends to any liability arising out of or in any way connected with such medical treatment or transportation.

Conduct, Weapons, Illegal Substances

I understand and agree that I and any Dependant Registrant, are expected to exhibit appropriate behavior at all times while (i) attending the Premises, (ii) while participating in the activities offered by the City’s Recreation Department, and agree to obey all local, provincial and federal laws, both criminal and civil. This includes, generally, respect for other people, equipment, facilities or property.

I understand and agree that I may not bring weapons or illegal substances to the Premises.

Lost or Stolen Property or Items

I understand and agree that the Releasees are not responsible for any personal item or property that is lost, damaged or stolen while I or any Dependant Registrant are participating in the activities offered by the City’s Recreation Department or on the Premises.

Risk of Physical Injury, Illness or Death

I, and on behalf of any Dependant Registrant I have previously registered or will hereafter register, recognize and acknowledge that there are hazards and risks of physical injury, illness or death to us in attending the Premises and participating in the activities offered by the City’s Recreation Department and that not all such hazards or risks can be fully eliminated. I/we freely and voluntarily agree to assume the full risk of death, bodily injury or property damage, regardless of severity, that I or the Dependant Registrant may sustain as a result of participation in the activities offered by the City’s Recreation Department or attendance at the Premises, howsoever arising, including, but not limited to, the active or passive negligence of the Releasees.

Release of Various Claims, including Negligence Claims, and Your Agreement to Release, Defend,

Indemnify and Hold Harmless the Releasees

I agree to defend, indemnify and hold harmless the Releasees from any and all third party claims, actions, demands, or proceedings howsoever arising, for any loss, liability, damage or costs sought against them or which they might incur, including, but not limited to, claims arising in whole or in part by my negligent or intentional acts or omissions or those of any Dependant Registrant, while participating in the activities offered by the City’s Recreation Department or attending the Premises. I hereby acknowledge that this generally means and includes that if the City is sued by someone else for something I or my Dependant Registrant did or failed to do while participating in the activities offered by the City’s Recreation Department or attending the Premises, that I will be fully financially responsible to the City and required to pay all legal fees, costs, and other expenses of the City relating to such a lawsuit.

I agree to defend, indemnify and hold harmless the Releasees from any loss, liability, damage or costs in any way whatsoever related to my or the Dependant Registrants participation in the activities offered by the City’s Recreation Department or while attending the Premises, howsoever arising and including, but not limited to, those being caused or contributed to by the negligence of any of the Releasees. I further acknowledge this means that the Releasees may do or fail to do something, which falls below a reasonable standard of care or duty of care imposed under statute and which might otherwise in the absence of this Waiver form the basis of a lawsuit or other legal proceeding against the Releasees for relief, including but not limited to financial compensation, arising from any injury, death, loss or damages suffered by me, the Dependant Registrant(s), my spouse, children, heirs, successors, assigns, next of kin, and possibly others. I am willingly giving up all such rights, for me and any Dependant Registrant(s), as part of the consideration under this agreement, which I acknowledge is proper and valid consideration.

I hereby and forever release, waive, discharge and covenant not to make demands from or sue the Releasees for any injury, loss or damage to me, the Dependant Registrant(s), our personal representatives, spouse, children, heirs, successors, assigns, next of kin, and others including but not limited to forever releasing, waiving, and discharging any claims, actions, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, present or future, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with my and the Dependant Registrants participation in the activities offered by the City’s Recreation Department or while attending the Premises, howsoever caused, including, but not limited to being caused by the negligence of the Releasees. I further acknowledge this means that the Releasees may do or fail to do something, which falls below a reasonable standard of care or duty of care imposed under statute and which might otherwise in the absence of this Waiver form the basis of a lawsuit or other legal proceeding against the Releasees for relief, including but not limited to financial compensation, arising from any injury, death, loss or damages suffered by me, the Dependant Registrant(s), my spouse, children, heirs, successors, assigns, next of kin, and possibly others. I am willingly giving up all such rights, for me and any Dependant Registrant(s), as part of the consideration under this agreement, which I acknowledge is proper and valid consideration.

I hereby and forever release, waive, discharge and covenant not to sue the Releasees for any injury or damage to me, the Dependant Registrant(s), our personal representatives, spouse, children, heirs, successors, assigns, next of kin, and others, for any claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, present or future, whether known or unknown, arising out of or connected with my or the Dependant Registrants participation in the activities offered by the City’s Recreation Department or attending the Premises, under the terms of any statute, including, but not limited to, any claims under the Occupiers' Liability Act, R.S.O. 1990, c. O.2, as amended; the Negligence Act, R.S.O. 1990, c. N.1, as amended; and, the Health Protection and Promotion Act, R.S.O. 1990, c. H.7, as amended. I further acknowledge this means that the Releasees may do or fail to do something, which falls below a reasonable standard of care or duty of care imposed under statute and which might otherwise in the absence of this Waiver form the basis of a lawsuit or other legal proceeding against the Releasees for relief, financial compensation, arising from any injury, death, loss or damages suffered by me, the Dependant Registrant(s), my spouse, children, heirs, successors, assigns, next of kin, and possibly others. I am willingly giving up all such rights, for me and any Dependant Registrant(s), as part of the consideration under this agreement, which I acknowledge is proper and valid consideration.

I understand and acknowledge that the laws of the Province of Ontario shall apply to all matters relating to this Waiver regardless of the activity location, that the exclusive jurisdiction for any dispute with the Releasees resides in the Courts in Ontario. I expressly consent to the exercise of personal jurisdiction in connection with any dispute with the Releasees arising from my participation in the activities offered by the City’s Recreation Department or while on the Premises.

I expressly agree that this Waiver is intended to be as broad and inclusive as permitted by the law of the Province of Ontario, and that the invalidity or unenforceability of any term of this Waiver does not affect the validity or enforceability of any other term. Any invalid term will be treated as severed from the remaining terms.

I acknowledge that in contract disputes, any ambiguity within the contract is generally interpreted against the contract drafter. However, with this knowledge, I do hereby agree that any ambiguity within this Waiver is to be interpreted in favour of the Releasees.

THE 2019 NOVEL CORONAVIRUS (COVID-19) ACKNOWLEDGEMENT AND ASSUMPTION OF RISK

I am currently not experiencing COVID-19 symptoms nor have I had COVID-19 symptoms in the last 14 days. The Dependant Registrant(s) are currently not experiencing COVID-19 symptoms nor have they had COVID-19 symptoms in the last 14 days.

I have not travelled outside of Canada or in an area under a travel health advisory in the last 14 days. The Dependant Registrant(s) have not travelled outside of Canada or in an area under a travel health advisory in the last 14 days.

I have not provided care or had close contact with any person with COVID-19 or with any person reasonably suspected of having COVID-19 or with any person who travelled outside of Canada in the last 14 days or with any person who travelled in an area under a travel health advisory in the last 14 days. The Dependant Registrant(s) have not provided care or had close contact with any person with COVID-19 or with any person reasonably suspected of having COVID-19 or with any person who travelled outside of Canada in the last 14 days or with any person who travelled in an area under a travel health advisory in the last 14 days.

I represent and warrant to the Releasees that I have not been advised by the Public Health Agency of Canada, Public Health Ontario, the Timiskaming Health Unit, their informational websites or my family physician to self-isolate due to possible exposure to COVID-19. I further represent and warrant to the Releasees that the Dependant Registrant(s) have not been advised by the Public Health Agency of Canada, Public Health Ontario, the Timiskaming Health Unit, their informational websites or their family physician to self-isolate due to possible exposure to COVID-19.

I am fully aware of the risks and hazards with respect to COVID-19 inherent in my and the Dependant Registrants attendance at the Premises and participation in the activities offered by the City’s Recreation Department.

I freely and voluntarily agree to assume the risks for me and the Dependant Registrants involved with the activities offered by the City’s Recreation Department, with respect to COVID-19, including the risk of death, bodily injury or property damage, regardless of severity, that we may sustain as a direct or indirect result of our participation in the activities offered by the City’s Recreation Department or attendance at the Premises, howsoever arising, including, but not limited to, the active or passive negligence of the Releasees.

I understand that there are inherent and unforeseen risks involved in participating in the activities offered by the City’s Recreation Department or while attending the Premises. I have read this document in its entirety and fully understand its terms. I understand that I am giving up substantial legal rights by signing below, including the right to sue the Releasees. I acknowledge that I am signing this agreement freely and voluntarily and intend my signature to be a waiver and complete and unconditional release of all liability due to the negligence of the Releasees or, the inherent risks of participating in the activities offered by the City’s Recreation Department or while attending the Premises.

Pursuant to Ontarios Electronic Commerce Act, ). 2000, c.17, this Waiver may be executed electronically, and I hereby acknowledge and agree that such execution is legally binding.