Assumption of Risks, Waiver of Claims and Release of Liability
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By signing this document, you will waive certain legal rights, including the right to sue or claim compensation. Please read carefully.
In consideration of PROBE OTTAWA EVENTS INC., an Ontario Corporation (“Probe”) permitting the individual named below (“I” or “me”) membership with Probe, and permitting me to enter the premises of and participate in events organized by Probe, I acknowledge and agree to the following terms and conditions set forth in this agreement (the “Agreement”):
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1. Probe reserves the right to alter or cancel any event arrangements without prior notice due to circumstances beyond their reasonable control, including event cancellation itself.
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2. I represent and warrant that that I am physically capable of participating in the scenes and activities in which I am electing to participate. I have planned for such participation and have not been advised against such participation by a qualified medical professional. I further represent and warrant that I have received sufficient training for participation.
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3. I am aware and understand that participating in activities at Probe involves risks, danger, and hazards, including but not limited to the risk of serious injury, death, or property damage. I acknowledge that I am voluntarily participating in the activities. I freely accept and fully assume any and all of the risks, dangers and hazards involved in participating in a Probe event and the possibility of injury, death or property damages, whether caused by the negligence of Probe or otherwise.
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4. I hereby expressly waive any and all claims which I have or may have in the future against Probe, its affiliates, and their respective employees, agents, owners, directors, representatives, shareholders, successors and assigns (collectively the “Released Persons”) for any loss, injury or damages arising out of or attributable to my participation in activities organized by Probe, due to any cause, including without limitation, negligence of the Released Persons, breach of duty, breach of contract, or breach of statutory duty on the part of the Released Persons. I covenant not to make or bring any such claim against or any other Released Persons, and forever release and discharge Probe and all other Released Persons from liability under such claims.
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5. I will defend, indemnify and hold harmless the Released Persons against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable legal fees, in connection with any third-party claim, suit, action or proceeding arising out of or resulting from the activities.
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6. This Agreement will be used by Probe and event sponsors to govern my actions and responsibilities during the event. This Agreement constitutes the entire agreement between Probe and me with respect to the subject matter contained herein and supersedes all prior
and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall enure to the benefit of me and my heirs and next-of-kin, and Probe and its successors and assigns.
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7. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of the Province of Ontario, and I hereby consent to the exclusive jurisdiction of such courts.
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8. I acknowledge that I have read and understood all of the terms of this Agreement and that I am voluntarily waiving substantial legal rights, including the right to sue Probe and the Released Persons.
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