RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
(hereinafter referred to as the “Release Agreement”)
BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS,
INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
In this Release Agreement:
“Releases” shall include the Museum of Vancouver, and its directors, employees, partners, agents, representatives, sponsors, successors and assigns including the City of Vancouver, Winnipeg Art Gallery, Vans Canada, and Border X. "Skateboarding Activities" shall include all activities, services and use of facilities either provided by or arranged by the Releasees, including, but not limited to skateboarding and attending skateboarding events as part of the Border X exhibition; and other such activities, events and services in any way connected with or related to Skateboarding Activities. ASSUMPTION OF RISKS I am aware that participation in Skateboarding Activities involves many risks, dangers and hazards, including but not limited to: skateboarding, falling, colliding with structures or other participants and spectators, uneven and slippery surfaces, structural failures of skateboard ramps; the failure to operate a skateboard safely or within one's own ability; negligence of other participants and other persons; AND NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE BY THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM ALL RISKS, DANGERS AND HAZARDS. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN CLUB ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM. I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH SKATEBOARDING ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the RELEASEES agreeing to my participation in Skateboarding Activities with the Releasees and permitting my use of the Releasees’ services, exhibition, equipment and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1.TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND TORELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death,that I may suffer or that my next of kin may suffer, as a result of my participation in Skateboarding Activities,DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACHOF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THEOCCUPIERS LIABILITY ACT, ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THEFAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS,DANGERS AND HAZARDS OF PARTICIPATING IN SKATEBOARDING ACTIVITIES;
2.TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage,loss or personal injury to any third party resulting from my participation in Skateboarding Activities;
3.This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators,assigns and representatives, in the event of my death or incapacity into perpetuity;
4.This Release Agreement and any rights, duties and obligations as between the parties to this ReleaseAgreement shall be governed by and interpreted solely in accordance with the laws of British Columbia; and
5.Any litigation involving the parties to this Release Agreement shall be brought solely within British Columbia andshall be within the exclusive jurisdiction of the Courts of British Columbia.
In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in Skateboarding Activities, other than what is set forth in this Release Agreement.