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VARIETY ONTARIO - Facility Participant - WAIVER AND RELEASE OF LIABILITY

By signing this form, you will waive certain legal rights, including the right to sue.

This is a binding legal agreement. As a Participant in the programs, activities and events of Variety Ontario, the undersigned acknowledges and agrees to the following terms.

  1. Indemnification and Hold Harmless Clause

TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against Variety Ontario, and its shareholders, directors, officers, employees, agents, representatives, independent contractors, subcontractors, sponsors, successors, representatives and assigns (all of whom are hereinafter collectively referred to as “the Releasees”), and TO RELEASE 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 resulting from either my use or my presence on the facilities or travel due to any cause whatsoever, including negligence, breach of contract, mistakes or errors in judgement, or from injuries resulting from mechanical breakdown or failure of equipment, or poor design or placement of any equipment or breach of any statutory or other duty of care, including any duty of care under the Occupiers Liability Act, R.S.O. 1990, Chapter O.2 on part of the Releasees, and also including the failure on the part of the Releasees to safeguard or protect me from the risks, dangers and hazards of the activities I choose to partake in.

TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the Releasees, and TO RELEASE 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, resulting from any bacterial and/or viral infection and resultant disease or sickness which I may contract (including by not limited to SARS-CoV-2 (COVID-19)) either by my use or my presence on the facilities or travel due to any cause whatsoever, including, but not limited to negligence, breach of contract, mistakes or errors in judgment,  or from injuries resulting from, but not limited to, any failure or negligence on the part of the Releasees to clean and disinfect or monitor the cleaning and disinfecting of the facilities and the equipment including, but not being limited to ropes, carabiners, quick draws, bolt hangers, and all anchors, or the breach of any statutory or other duty of care by the Releasees, including any duty of care under the Occupiers Liability Act, R.S.O. 1990, Chapter O.2 and also including the failure on the part of the Releasees to safeguard or protect me from contracting any bacterial and/or viral infection (including but not limited to SARS-CoV-2 (COVID-19));

   2. Property Brought into Facility

VARIETY ONTARIO is not responsible for any property or items brought into or onto the Facility at any time.

   3. Smoking

 VARIETY ONTARIO is a smoke free area, smoking anywhere on VARIETY ONTARIO property is STRICTLY PROHIBITED.

   4. Incident Reporting Requirement

Following an incident or accident, an “Incident Report Form” must be completed with the aid of VARIETY ONTARIO staff. An “Incident Report Form” is required if medical or first aid attention is required OR if loss or damage to VARIETY ONTARIO property occurs.

   5. Payment for Damages

The User shall pay for all damages to VARIETY ONTARIO property arising from use of the Facility where the User or those in attendance in connection with this User Agreement is deemed responsible for such damage.

   6. VARIETY ONTARIO Privacy Policy

VARIETY ONTARIO is committed to protecting the personal information of all users by following the best practices. The collection of personal information will be gathered to better serve our clientele and to also ensure the safety of all VARIETY ONTARIO users. Information gathering will relate to registration and payment, program delivery, and to fulfill regulatory obligations.

The user agrees that if, despite the following of the best practices by VARIETY ONTARIO, the foregoing commitment is breached, there will be no claim or right to any damages or reimbursement on the account of any loss, damage, or expense whatsoever.

   7. Adherence to Laws

The User shall abide by all the City of Toronto By-laws and all applicable legislation and regulations of the province of Ontario as they pertain to the use of the Facility.

   8. Laws of Ontario

The validity and interpretation of this User Agreement and of each clause and part thereof, shall be governed by the Laws of Ontario.

 

Acknowledgement

 

By clicking on the Agree button below, you agree that you are the participant and to be bound by this Legal Agreement even if you have not read this agreement.

 

SCHEDULE “A”

 

SARS-CoV-2 COVID-19 POLICY

 

SCREENING QUESTIONS REGARDING CONFIRMATION REGARDING SYMPTOMS AND TRAVEL WILL BE ASKED PRIOR TO ENTRY AT EACH VISIT AND WILL INCLUDE BUT WILL NOT BE LIMITED TO:

 

ü  I have not displayed any SARS-CoV-2 (COVID-19) symptoms including – fever, dry cough, shortness of breath or difficulty breathing in the last 14 days;

ü  I have not travelled outside of Canada, or have not been in contact with someone who has travelled outside of Canada in the past 14 days;

ü  I have not knowingly come in contact with anyone experiencing any of the SARS-CoV-2 (COVID-19) symptoms in the last 14 days;

ü  I have not come in contact with anyone with a confirmed SARS-CoV-2 (COVID-19) test or is waiting for results from a SARS-CoV-2 (COVID-19) test in the past 14 days.

 

I WILL, AT ALL TIMES DURING MY PRESENCE AT THE FACILITY:

ü  Refrain from handshaking and respect the minimum required social distancing of at least 2 metres from all other persons in the facility;

ü  Refrain from gratuitously touching any surfaces and items at the facility which are unrelated to my activities at the facility;

ü  Wash and sanitize my hands prior to entering the facility.

 

Parent(s) or court-appointed legal guardian(s) must sign for any participating minors (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.

 

By clicking Agree below, the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.