RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY
IN CONSIDERATION of being permitted to participate, I for myself, and for my personal representatives, assigns, heirs, estate, executors and/or administrators, and for my child/ward, (the “Releasors”):
1. Represent and warrant that my child/ward is in good health and physical condition, and acknowledge and understand that participation in and attendance at the Program involves certain risks and dangers of accidents, serious personal and bodily injury, including death, and property loss or damage either specifically as a result of participation in the Program or generally in connection with my child’s/ward’s attendance thereat and transportation therefrom. I understand, have considered and evaluated the nature, scope, and extent of the risks involved, and I voluntarily and freely give permission for my child/ward to assume these risks;
2. Fully and forever release and discharge Temple Sinai Congregation of Toronto, including its directors, agents, officers, shareholders, employees, affiliates and subsidiaries and other related parties and any of its volunteers, other participants, sponsors, advertisers of the Program, the owner and lessors of the premises on which the Program takes place, and all of their respective successors and assigns (collectively, the “Released Parties”) from any and all losses, damages, injuries including deaths, howsoever occurring, whether by negligence or otherwise, and including all claims, demands, lawsuits, expenses (including legal fees and disbursements), and any other liability of any kind, of or to me or any other person, directly or indirectly arising out of or in connection with my participation in and attendance at the Program, including, without limitation, transportation related to the Program;
3. Agree not to initiate any lawsuit, court action or other legal proceeding against the Released Parties, nor join or assist in the prosecution of any claim which anyone may have, on account of loss, damage, or injury sustained by me or others, howsoever occurring, whether by negligence or otherwise, in connection with my child/ward’s participation in and attendance at the Program, and I waive any right I may have to do so. I understand that I cannot sue to hold the Released Parties responsible for any loss, damage, or injury that I or my child/ward may experience related to the Program including, without limitation, transportation related to the Program;
4. Waive my insurers’ right to make a claim against the Released Parties based on insurance payments made to me or to my child/ward for any reason. I understand that this means my insurers have no right of subrogation;
5. Agree to hold harmless, indemnify and reimburse the Released Parties from and for any sums, costs, or expenses (including legal fees and disbursements) incurred or paid by any of the Released Parties in connection with any lawsuit that is brought for or on my behalf, notwithstanding the above provisions arising out of anything in connection with my child/ward’s participation in the Program, including, without limitation, transportation related to the Program. This means that I will reimburse the Released Parties if anyone makes a claim against them based on damages or injuries claimed for or on behalf of me;
6. Understand that the Released Parties do not provide any insurance, either life, medical or liability, for any illness, accident, injury, loss, or damage that may arise in connection with my child/ward’s participation in and attendance at the Program. If I want insurance of any kind for my child/ward, I must obtain my own. I will pay my child/ward’s own medical emergency expenses and all subsequent medical expenses in the event of any illness, accident, or injury in connection with the Program;
7. Acknowledge that if any portion of this Acknowledgement, Release and Waiver is held to be invalid or unenforceable, all other provisions shall nevertheless continue to be valid and enforceable. This Acknowledgement, Release and Waiver supersede any oral or written statements made by or to me or my child/ward in connection with the Program. I understand that I cannot terminate, cancel or revoke this Acknowledgement, Release and Waiver for any reason if my child/ward participates in the Program;
8. Further agree that this document is governed by the laws of the Province of Ontario and operates to the benefit of the Released Parties as well as their administrators, successors and assigns, and is binding on me, my child/ward and my heirs, administrators, successors, assigns, insurers and estate.
9. Understand that by agreeing to my child/ward’s participation in this Program, I authorize Temple Sinai and the Program coordinators, to contact me by e-mail and/or in writing or by phone when deemed necessary by the Program organizers.
10. Acknowledge that I have been given time to read this document in its entirety, and to seek legal advice with respect to signing it as I deem advisable.
