Account
Schedule "A"
GUARDIAN CONCENT, ASSUMPTION OF RISKS, WAIVER, REALEASE & INDEMNITY
(the "Release Agreement")
BY SIGNING THIS RELEASE AGREEMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
NOTICE TO GUARDIAN
It is a condition of use of the facilities of Steamoji (the “Academy”) by Member’s Name (the “Member”) and you, that you, the undersigned Guardian(s) of the Member, must carefully read and understand this Release Agreement and sign it to acknowledge that you have read and understood it and that you understand that the Member’s use of the facilities of the Academy located at 2009 Park Royal South, West Vancouver, BC (the “Facilities”) will expose the Member to risks of harm and that you accept full responsibility for exposing the Member to such risks.
GUARDIAN RESPONSIBILITY FOR MEMBER
23. I, the undersigned Guardian of the Member, understand and accept that, in respect of the Member’s use of the Facilities, the following are my responsibility:
- to ensure that I consider and understand the risks, dangers, hazards and consequences of injury inherent in the Member’s use of the Facilities,
- to determine, taking into consideration those risks and the Member’s behavioural characteristics, physical health and abilities, whether the Member should be allowed to use the Facilities,
- to avoid using the Facilities should the Member exhibit symptoms of infection with COVID-19 or cold or flu symptoms; and
- to ensure that the Member is appropriately covered by medical insurance.
ASSUMPTION OF RISKS
24. I am aware of and now freely accept and assume for the Member and myself, responsibility for all risks to the Member in connection with his or her use of the Facilities, including, but not limited to, the following:
- exposure to personal injury, danger or harm from interactions or proximity to other children on the premises of the Facilities before, during, and after the scheduled session time of the Member;
- exposure to allergens or other substances that could cause an allergic reaction in the Member;
- exposure to personal injury, danger, or harm, including but not limited to slips and falls, while receiving instruction at the Facilities, during drop-in use of the Facilities, or before, during, and after the scheduled session time of the Member;
- negligence on the part of the Academy, its directors, officers, employees, agents, and representatives (the “Releasees”); and
- exposure to COVID-19 from other children or staff who may be infected with or be carriers of COVID-19.
WAIVER OF LIABILITY AND RELEASE
25. In consideration for the Academy allowing the Member to use the Facilities, I, the undersigned guardian, hereby agree that I, my assignees, heirs, distributes, guardians and legal representatives will not make a claim against, sue, attach the property of, or prosecute the Releasees for injury or death to the Member, or loss of or damage to property, which results from the Member’s use of the Facilities or the negligence or other acts of the Releasees. I understand that negligence includes, but is not limited to, failure on the part of the Releasees to safeguard or protect the Member from the risks, dangers and hazards of using the Facilities. Further, I hereby fully and forever release, waive, discharge and indemnify the Releasees from all claims, actions or demands I, my assignees, heirs, distributes, guardians and legal representatives now have or may hereafter have for injury, death or damage to property resulting from the use of the Facilities or the negligence of the Releasees.
26. I hereby release the Releasees from any and all liability for any complaints, demands, claims, actions, suits, judgements; and orders for any and all losses, injuries, death, damage or expenses I or the Member may suffer, incur or experience in connection with the Member’s use of the Facilities or the negligence of the Releasees./p>
INDEMNIFICATION
27. For myself, I agree to indemnify the Releasees and hold them harmless from any and all losses, injuries, damages; and expenses of any kind that the Releasees may suffer, incur or experience and for any and all complaints, demands, claims, actions, suits, judgments and orders for any and all losses, injuries, damages or expenses of any kind anyone else may suffer, incur or experience in connection with the Member’s use of the Facilities.
MISCELLANEOUS
28. I understand that this Release Agreement is a legal agreement and agree to be bound by its terms.
29. I expressly agree that this Release Agreement is intended to be as broad and inclusive as permitted by law. If any of the terms of this Release Agreement is held invalid or unenforceable to any extent by any court or other authority having jurisdiction, the remaining terms of this Release Agreement will not be affected and will be valid and enforceable to the full extent permitted by law.
30. I acknowledge and agree that this Release Agreement will be binding upon and enure to the benefit of my heirs, successors, personal representatives and assigns.
31. In signing this Release Agreement and permitting the Member to use the Facilities, I do not rely upon any oral or written statements, promises or other communications made by the Academy other than that set out in this Release Agreement.
32. This Release Agreement will be exclusively governed by and interpreted in accordance with the laws of British Columbia and no court outside British Columbia will have any jurisdiction over this Release Agreement, the use of the Facilities, or any of the matters arising from them.
I HAVE CAREFULLY READ THIS RELEASE AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A LEGALLY BINDING CONTRACT AND THAT I AM WAIVING LEGAL RIGHTS BY SIGNING IT. I VOLUNTARILY SIGN MY NAME EVIDENCING MY ACCEPTANCE OF ALL OF THE ABOVE PROVISIONS.
Name: