Please carefully review the following waiver.
Participants must agree to the terms and conditions below in order to participate in Rally in the Ravine.
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY IN CONSIDERATION of being permitted to participate in Rally in the Ravine by North York General Foundation and Hospital, taking place at the North York General Hospital campus on September 28, 2019 (the “Event”), I for myself, and for personal representatives, assigns, heirs, estate, executor, administrator, and next of kin, (the “Releasors”):
- Represent and warrant that I am in good health and physical condition, and acknowledge and understand that participation in and attendance at the Event involves certain risks and dangers of accidents, serious personal and bodily injury, including death. I understand, have considered and evaluated the nature, scope, and extent of the risks involved, and I voluntarily and freely choose to assume these risks;
- Fully and forever release, waiver and discharge North York General Hospital, North York General Hospital Foundation, all sponsoring companies, and elected and appointed officials, and each their respective administrators, directors, agents, officers, shareholders, members (including, without limitation, any Celebrities participating in the Event), employees, affiliates, subsidiaries and other related parties and any volunteers, other participants, sponsors, advertisers of the Event, the owner and lessors of the premises on which the Event takes place, and all of their respective successors and assigns (collectively, the “Released Parties”) from any and all losses, damages, injuries, howsoever occurring, whether by negligence or otherwise (including death), 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 Event, including, without limitation, transportation related to the Event;
- 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 for money damages 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 participation in and attendance at the Event, and I waive any right I may have to do so. This means that I cannot sue to hold the Released Parties responsible for any loss, damage, or injury that I may experience related to the Event including, without limitation, transportation related to the Event;
- Waive my insurers’ right to make a claim against the Released Parties based on insurance payments made to me or on my behalf for any reason. This means my insurers have no right of subrogation;
- Agree to hold harmless, indemnify and reimburse the Released Parties from and for any sums, costs, or expenses (including legal fees and disbursements) incurred by any of the Released Parties or paid by them to any person (including me or my insurers) in connection with any accident, loss, damage, injuries, howsoever occurring, whether by negligence or otherwise (including death), claims, demands, lawsuits, expenses and any other liability of any kind, sustained by me or others in connection with my participation in the Event, including, without limitation, transportation related to the Event. This means that I will reimburse the Released Parties if anyone makes a claim against them based on damages or injuries I suffer;
- 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 participation in and attendance at the Event. If I want insurance of any kind, I must obtain my own. I will pay my own medical emergency expenses and all subsequent medical expenses in the event of any illness, accident, or injury in connection with the Event;
- I 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 and my heirs, administrators, successors, assigns, insurers and estate.
- By taking part in this event, I grant North York General Hospital Foundation and North York General Hospital full rights to use the content resulting from the photography/video filming that takes place on Saturday, September 28, 2019. I also consent to any reproductions or adaptations of the content for fundraising, publicity or other purposes. This may include, but is not limited to, printed and online communications, social media, press releases and other promotional materials that are fundraising- and/or hospital-related.
- I understand that by agreeing to participate in this event I authorize North York General Hospital to contact me by e-mail and/or in writing or by phone when deemed necessary by the event organizers.
BY SUBMITTING THIS ENTRY, I ACKNOWLEDGE HAVING CAREFULLY READ, FULLY UNDERSTOOD, AND AGREE TO THE ABOVE WAIVER, RELEASE AND INDEMNITY. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO IT AND HAVE AGREED TO IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. I GIVE FULL PERMISSION FOR THE USE OF MY PHOTOGRAPH OR IMAGES TO BE USED BY ANY OF THE PARTIES (AS DEFINED ABOVE) IN CONNECTION WITH THE EVENT WITHOUT FURTHER COMPENSATION. (IF PARTICIPANT IS UNDER 18 YEARS OF AGE, PARENT OR GUARDIAN MUST ACCEPT THE CONDITIONS OF THIS WAIVER).