Waiver of Liability

Waiver of Liability

> Please Read Carefully... Be aware that on the first session of the course or workshop your instructor will present you with a "Release of Liability" waiver form. To participate in one of our program you are required by Calgary Nordic Training Group to carefully read and then sign this waiver. If you anticipate any reservations about signing this form please download a copy and seek legal counsel before starting your program.

Assumption of Risk Agreement and Indemnifying Release for:

Calgary Nordic Training Group

Warning:

Please read carefully before signing; activity waivers have held up in Canadian courts. Consider that you are assuming both physical and legal risks which have potential financial implications for yourself and/or your family should you be injured or killed while participating in an activity with the Calgary Nordic Training Group.

Agreement and Indemnifying Release:

I, _____________________ (name) hereby acknowledge and agree that in consideration of being permitted to participate in courses or programs organized by Calgary Nordic Training Group (herein called CNTG):

1. do hereby release CNTG, its officers, directors, employees, independent contractors and agents from all re-courses, claims, causes of action of any kind whatsoever, in respect of all personal injuries or property losses which I may suffer arising out of or connected with my preparation for, or participation in, the aforesaid courses, programs or activities, notwithstanding that such injuries or losses may have been caused solely or partly by the negligence of CNTG or any of its officers, directors, employees, independent contractors or agents.

Initial _______________

2. And, I do hereby acknowledge and agree:

a. that the pursuit of outdoor activities and cross country skiing courses through practical exposure in the outdoor environment, are very dangerous, exposing participants to many inherent risks and hazards, including but not restricted to: loss or damage to personal property, hypothermia, inclement weather, slipping and falling, avalanche, or suffering any type of accident or illness in remote areas without easy access to advanced medical facilities. While some of these risks are inherent in the very nature of the activities themselves, others may result from human error and negligence on the part of the persons involved in preparing, organizing and staging cross country skiing courses, workshops and activities;

b. that, as a result of the aforesaid risks and hazards, I as a participant may suffer serious personal injury, even DEATH, as well as property loss;

c. that some of the aforesaid risks and hazards are foreseeable, but others are not;

d. that I nevertheless freely and voluntarily assume all the aforesaid risks and hazards, and that, accordingly, my preparation for and participation in the aforesaid CNTG activities, programs and courses shall be entirely at my own risk;

e. that I am personally responsible for my preparation prior to commencement of CNTG courses or activities. Such preparation will include, but not be limited to: 1/ my health and physical fitness, 2/ securing of adequate prerequisite knowledge as indicated by verbal and/or written word by CNTG, to meet specific program requirements, 3/ the adequacy and condition of any personal equipment used or required in the specific program, activity or course 4/ I have either personally signed or completed an online Physical Activity Readiness Questionnaire;

f. that while I recognize that CNTG directors, leaders, instructors or contractors will make every reasonable effort to minimize exposure to known risks, that I have a personal responsibility to learn and follow safety guideline and procedures established by the directors, leaders, instructors or contractors of CNTG and to make them aware at any point in which I question my knowledge of these procedures or my ability to participate in any activity;

g. that I will refrain from the consumption of alcohol or mind altering drugs while I am a participant in any course, workshop or activity organized by CNTG;

h. that I consent to receive first aid and medical treatment by the leader, instructor, or facilitator or medical personnel in the event of an accident, injury, and/or illness during an activity, course or workshop organized by CNTG;

i. that I understand that neither CNTG nor any of its directors, employees, independent contractors or agents assume any responsibility whatsoever for my safety during the course of my preparation for, or my participation in the aforesaid CNTG programs, activities or courses;

j. that I have carefully read this ASSUMPTION OF RISK AGREEMENT AND INDEMNIFYING RELEASE agreement, that I fully understand same, and that I am freely and voluntarily executing same;

k. that I understand clearly that by signing this release, I will be forever prevented from suing or otherwise claiming against CNTG, its directors, employees, independent contractors or agents for any loss or damage connected with any property loss or personal injury that I may sustain while participating in or preparing for any of the above mentioned programs, courses or activities, whether or not such a loss or injury is caused solely or partly by the NEGLIGENCE of CNTG or any of its directors, employees, independent contractors or agents;

l. that I have been given the opportunity and have been encouraged to seek independent legal advice prior to signing this agreement;

m. that I understand clearly that CNTG would not permit me to participate in any course, workshop or activity unless I signed this ASSUMPTION OF RISK AGREEMENT AND INDEMNIFYING RELEASE, that this agreement applies to all the aforesaid programs and activities whether occurring in the near or distant future;

n. that the term “courses, activities or programs" as used in this ASSUMPTION OF RISK AGREEMENT AND INDEMNIFYING RELEASE includes without the generality of that term, the provincial, regional and local programs and activities as well as all other trips, outings, information sessions, clinics, programs and events that are in any way authorized, sanctioned, organized or operated by CNTG;

o. that this ASSUMPTION OF RISK AGREEMENT AND INDEMNIFYING RELEASE is binding on myself, my heirs, my executors, administrators, personal representatives and assigns;

p. that I understand clearly that CNTG is and shall be deemed to be acting for itself and its agents on behalf of and for the benefit of the directors, employees, independent contractors and agents of CNTG for the purposes set out in the above-stated clauses of this agreement; and

q. that I am of sufficient age and mental capacity to sign this ASSUMPTION OF RISK AND INDEMNIFYING RELEASE.

r. that I understand I need to have my own medical/health insurance when leaving province or country for actives with the CTNG.

s. that I understand that the CNTG may use my photographic likeness at anytime for marketing purposes.

Initial _____________ Signature of Participant ______________________________________________________

Dated at _______________________, this______ day of_____________, _____________

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Signature (Parent or Guardian if the participant is under 18 years of age)

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Witnessed by (Print name here) Signature of Witness ________________________________ Date ________________