In consideration of the
acceptance of my application and the permission to participate as an entrant,
observer, volunteer or spectator in the 2019 Climb for Cancer on Saturday, May 4th, 2019 (the "Event") I for myself, my minor (if any), my heirs,
my parents or legal guardian (where applicable), executors, administrators,
successors, and assigns HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE The Climb
for Cancer, the City of Hamilton, and all other associations, sanctioning
bodies and sponsoring companies, elected and appointed officials, and all of
their and their affiliates, agents, officials, directors, employees, servants,
volunteers, contractors, representatives, successors and assigns OF AND FROM
ALL claims, liabilities, suits, debts, losses, obligations, judgments, charges,
demands, payments, damages, costs, expenses, actions and causes of action,
whether in law or equity, in respect of death, injury, loss or damage to my
person or property HOWSOEVER CAUSED, arising or to arise by reason of, relating
to, or in connection with the Event or of my or my minor's (if any)
participation in the Event, whether as a spectator, observer, participant, or
otherwise, whether prior to, during or subsequent to the Event AND
NOTWITHSTANDING that same may have been contributed to or caused by the
negligence of the aforesaid.
I FURTHER HEREBY AGREE TO
HOLD AND SAVE HARMLESS AND AGREE TO INDEMNIFY all of the aforesaid and their
affiliates' employees, volunteers, agents, officials, servants, contractors,
assigns, Board of Directors and representatives from and against any and all
claims, actions, demands, and legal proceedings and any and all liabilities,
damages, losses, judgments, authorized settlements, costs, fines, penalties and
expenses, including reasonable legal fees, incurred by any or all of them as a
result of, arising out of or in any way connected with my or my minor's (if
any) participation in the Event, whether as a spectator, observer, participant
or otherwise.
By participating in the
Event, I consent to the use of my or my minor's (if any) photograph, or video
footage, without compensation, in any future publicity carried out by The Climb
for Cancer.
I WARRANT that I am or my
minor is (if any) in a good physical condition and able to safely participate
in the Event. I and my minor (if any) understand that participating in the
Event, involves physical activity and can result in serious personal injury and
death. I am and the minor (if any) is aware of and expressly assume all risks
associated with participating in the Event, and I assert that my participation
or the participation of the minor(s) (if any) in this Event is voluntary.
I agree that in the event
that any portion of this Release, Waiver and Indemnity is held to be invalid by
any court, the invalidity of such portion shall not otherwise affect the
remaining Release, Waiver and Indemnity, which shall otherwise continue to be
binding and enforceable in all respects.
The provisions of this
Release, Waiver and Indemnity shall enure to the benefit of and be binding on
the parties hereto and their respective successors, administrators, executors,
heirs and permitted assigns.
BY SIGNING BELOW, I
ACKNOWLEDGE THAT I READ, UNDERSTOOD, AND AGREE TO THE ABOVE RELEASE, WAIVER AND
INDEMNITY.