PLEASE READ THIS LIABILITY WAIVER CAREFULLY BEFORE SIGNING
PLEASE NOTE: FOR THE PURPOSE OF THIS WAIVER “THE MRC” MEANS THE MARTENSVILLE RECREATION CENTRE, BUILDING OPERATORNUSTADIA RECREATION INC. AND ITS DIRECTORS, OFFICERS, AFFILIATES, EMPLOYEES AND VOLUNTEERS AND THE CITY OF MARTENSVILLE.THE MARTENSVILLE RECREATION CENTRE “THE MRC FACILITY” INCLUDES BUT IS NOT LIMITED TO THE ARENA, PRACTICE SURFACE,FIELD HOUSE, CLIMBING WALL, BATTING CAGES, AND OTHER PUBLIC SPACES.
WARNING: BY SIGNING YOU ACCEPT LEGAL OBLIGATION AND GIVE UP IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ CAREFULLY.
THE MARTENSVILLE RECREATION CENTRE “THE MRC FACILITY” INCLUDES BUT IS NOT LIMITED TO THE ARENA, PRACTICE SURFACE, FIELD HOUSE, CLIMBING WALL, BATTING CAGES, AND OTHER PUBLIC SPACES.
FOR PARTICIPANTS LESS THAN 18 YEARS OF AGE, A PARENT OR LEGAL GUARDIAN MUST SIGN A WAIVER ON THEIR BEHALF
This Release Agreement applies to the use of THE MRC FACILITY premises and equipment and participation in all PROGRAMS. PROGRAMS include but are not limited to Drop-in Activities (including Public Skate, Senior Skate, Adult Skate, Stick ‘N Puck, Parent & Tot Skate, Figure Skating, Drop-in Open Field Time, Drop-in Climbing Wall); Registration Programs & Camps; Private Rentals of the Arena, Mini Practice Ice, Field House, Batting Cages, Climbing Facility, Inflatable Play Structures, Meeting & Multipurpose rooms or use of any aspect of THE MRC FACILITY.
In consideration for permission, granted now or in the future by THE MRC, I the “Participant” understand/acknowledge/agree to the rules and regulations of THE MRC FACILITY and will abide by them at all times in the use/participation of the use of any/all aspects of THE MRC FACILITY including all programming, services, amenities, or any other related activities.
In consideration of myself being permitted to participate in the PROGRAM:
I am aware the PROGRAM involves inherent risks, dangers, and hazards, involving all manner of injury loss, resulting from, but not limited to:
The use of equipment, materials or facilities related to any activities within THE MRC FACILITY
The actions or negligence of the Participant or other participants.
The actions or negligence of THE MRC.
In consideration of participation in the PROGRAM, I acknowledge that I am aware of, and freely accept all risks, dangers and hazards associated with being a participant in the PROGRAM, including the risk of severe or fatal injury to myself or others. These risks include, but are not limited to:
a) All manner of injuries resulting in muscular and soft tissue damage including bruises, scrapes and cuts, that arise from executing strenuous and demanding physical techniques, contact with other participants and failure in proper use of equipment either by myself and/or other participants;
b) All manner of injuries resulting in sprains, dislocations, concussions, broken bones, heart attack, stroke, spinal injury and/or tendonitis;
c) All manner of head, facial, eye and/or dental injuries;
d) All manner of medical problems resulting from heat exhaustion, dehydration, asthma, infectious and communicable diseases, skin rashes, cramps, chemical poisoning, and/or lack of fitness or conditioning as well as any medical problem or injury resulting from exposure to weather conditions, allergens, noxious gases, electrocution, or drowning;
e) Risks that are associated with increased fatigue due to participation;
f) All manner of injures and/or death that could result from a physical confrontation whether caused by myself or someone else including actions by anyone on the premises;
g) All manner of injuries and/or death that may result from collision with other participants whether on ice, on foot, on bikes, on a climbing wall or within motor vehicles and/or buses;
h) All manner of injuries and/or death that may result from any equipment deployed in the Programs including, without limitation, loss or injury arising from the use, misuse, malfunction or breakdown of any equipment;
i) Negligence on the part of THE MRC, including the failure by THE MRC to safeguard or protect me from the risks referred to above or any other risk arising from the PROGRAM.
II hereby release THE MRC from all responsibility for any personal injury, accidental death or other loss suffered while participating in the PROGRAM, even if THE MRC are found in law negligent or in breach of duty of care or other obligation to me.
I agree to hold harmless and indemnify THE MRC from any and all liability for any personal injury, death, property damage, financial loss or expense including, without restriction, legal expenses and costs on a solicitor-and-his-own-client full indemnity basis in defending against such claims or enforcing the terms contained within this documents or other loss suffered by myself as a result of participating in any PROGRAM, or other activity at THE MRC FACILITY.
I also understand that promotional photographs/video may be taken of the PROGRAM which may include myself.
THE MRC may secure such medical advice and services as it, in its sole discretion, may deem necessary for the Participant’s health and safety and I shall be financially responsible for such advice and services. I understand that THE MRC does not provide accidental death, disability, dismemberment or medical expense related coverage and/or insurance in any manner on behalf of the participants in the activity(s) and therefore agree to assume responsibility for such insurance coverage for the Participant.
I agree that this Release of Liability will be effective and binding upon myself, and my heirs, next of kin, executors, administrators, and assigns. I acknowledge that I have had sufficient time to read and understand this Release of Liability before signing it and I understand, appreciate, and accept the risks associated with the PROGRAM and consent to participation in the PROGRAM and all related activities.
