RELEASE OF LIABILITY, WAIVER OF CLAIMS, ACKNOWLEDGMENT AND ASSUMPTION OF RISKS, INDEMNITY AGREEMENT And MEDIA CONSENT (hereinafter referred to as the “Release Agreement”)

BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE, BREACH OF CONTRACT OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT

PLEASE READ CAREFULLY!

TO: BC CANCER FOUNDATION and its directors, trustees, officers, employees, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, cooperating organizations, successors and assigns (hereinafter collectively referred to as the "Releasees").

EVENT: Workout to Conquer Cancer is an inclusive 31-day challenge in May supporting British Columbians facing cancer (the “Event”). Participants set their own fitness and fundraising goals to push themselves and unleash the power of community to make an impact, choosing activities that may range from structured routines, to intentional daily movement like walking, yoga, or cycling. Every participant commits to working out for 30 minutes each day (the “Activities”).

ACKNOWLEDGMENT AND ASSUMPTION OF RISKS

I am aware that participating in the Workout to Conquer Cancer (the “Event”) involves risks, dangers and hazards including, but not limited to:

• any risks that are relevant to the Event Activities of my sole choosing;
• limited access to and/or delay of medical attention; and
• exposure to infectious diseases.

I assert that my participation in the Event is voluntary.

I am aware that participating in the Event can result in negligence or failure to act safely or within one’s own ability; negligence of other persons; and NEGLIGENCE (INCLUDING GROSS NEGLIGENCE) ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE.

I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, INCLUDING BUT NOT LIMITED TO SPRAINS, FRACTURES, TORN OR STRAINED MUSCLES, CONCUSSIONS, CONTUSIONS, OTHER INJURIES, OR DEATH, OR PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.

I acknowledge the following:

• It is the responsibility of each participant:
  • to ensure that they consider and understand the risks, dangers, hazards and the possibility of personal injury resulting therefrom inherent in any Event Activities set; then
  • to determine, taking into consideration those risks and the participant’s behavioural characteristics, and physical health and abilities, whether they should participate in the said Event Activities.
• Each participant will complete the Event Activities based on personal preference and capability (pace, cadence, aerobic threshold); and
• Each participant is responsible for:
  • continuously monitoring exertion during the Event Activities; and
  • sufficiently hydrating prior to and during each of the Event Activities.

I pledge to the following in support of my participation in the Event:

• Follow all directions of the municipal, provincial and federal governments and public health officers;
• Dress myself (or my dependent) appropriately as to mitigate risk of physical injury to myself (or my dependent) including but not limited to wearing shoes appropriate for strenuous physical activity involved in the Event Activities; and dressing in conjunction with the weather.
• Consult with a physician before training or participating in the Event;
• Will not wear headphones during the Event Activities in such a way as to endanger oneself or other participants or persons
• Will not use a cell phone, or other personal communication device, during the Event Activities in such a way as to endanger oneself or other participants or persons; and
• Review and agree to the contents of this waiver for the Event.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

In consideration of the Releasees permitting my participation in the Event, I hereby agree as follows:

1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE RELEASEES, and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer, as a result of my use of or my presence on the premises DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES THE FAILURE ON PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE.
2. TO HOLD HARMLESS AND INDEMNIFY THERELEASEES from any and all liability for any damage to the property of or personal injury to any third party, resulting from my participation in the Event.
3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity.
4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of British Columbia and no other jurisdiction.
5. Any litigation involving the parties to this Release Agreement shall be brought solely within British Columbia and shall be within the exclusive jurisdiction of the Courts of British Columbia.

In entering into this Release Agreement, I am not relying upon any oral or written representations or statements made by the Releasees with respect to the safety of the Event other than what is set forth in this Agreement.

MEDIA CONSENT

By submitting any photo, video, information, posters or promotion materials(“Materials”) to the Releasees in connection with the Event, I agree that any Materials submitted (i) are original to me and that I have obtained all necessary consents and rights to the Materials for the purposes of submitting such Materials and for Releasees use of such Materials, and (ii) if such Materials contain any reference or likeness of any identifiable third parties, I have obtained consent from all such individuals to submit such Materials to the Releasees, and for Releasees to use such Materials as set out in this Release Agreement. In addition, by submitting Materials, I (i) hereby grant the Releasees the revocable and limited right to use my name and the Materials in whole or in part in any media and manner, including the Internet and social media, for advertising and promotion of the Event, commercial purposes, or any other lawful purpose, and (ii) waive all moral rights in and to the Materials in favour of the Releasees. I do hereby grant the right to the Releasees to use, reproduce, display and publish my image or likeness collected in connection with an Event, in any form or format for any commercial purpose including public viewing or display, whether as a still photograph or moving picture, and whether in advertising, print media, Internet and social media. I hereby expressly waive the right to inspect or approve any photograph or other reproduction of my image or likeness.

I REPRESENT AND WARRANT THAT I WILL BE AT LEAST 17 YEARS OLD AT THE TIME OF THE EVENT. IF I AM UNDER THE AGE OF 19, I HAVE RELIED ON THE ADVICE AND GUIDANCE OF MY PARENT OR GUARDIAN IN ASSESSING THE RISKS OF MY PARTICIPATION IN THE EVENT, AND I UNDERSTAND I MUST HAVE A PARENT, GUARDIAN OR OTHER PERSON RESPONSIBLE FOR SUPERVISION, ACCOMPANY ME IN THE EVENT AS A FELLOW, REGISTERED PARTICIPANT.

2025-02-10 13:39:23