RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

(To be executed only by Participants over the Age of 18)

WARNING! By accepting this Agreement, you will waive certain legal rights. Please read carefully.

1. This is a binding legal agreement; therefore, clarify any questions or concerns before signing. As a participant (“Participant”, “You” or “Your”) in the activities, programs, services of Westmount Golf & Country Club Limited (“Westmount”, the “Club,” “we,” “us,” or “our”) collectively or independently and the sport of curling (collectively the “Activities”), You acknowledge and agree to the following terms:
Disclaimer

2. Westmount, their respective, directors, officers, committee members, members, employees, coaches, volunteers, officials, participants, agents, sponsors, owners/operators of the facility, and representatives (collectively the “Organization”) are not responsible for any injury, property damage, expense, loss of income, damage or loss of any kind suffered by You during, or as a result of, the Activities, caused in any manner whatsoever including, but not limited to, the negligence of the Organization.  

Description, Acknowledgement of Risks and Helmet Recommendation

3. You understand and acknowledge that the Activities have foreseeable and unforeseeable inherent risks, hazards and dangers that no amount of care, caution or expertise can eliminate, including without limitation, the potential for serious bodily injury, permanent disability, paralysis and loss of life. The sport of curling is played on a sheet of ice, which is slippery, hard, and dangerous.

4. You understand and acknowledge that a pertinent risk to participating in the sport of curling is the risk of suffering serious head injury should You fall, trip, or stumble onto the ground or ice. It is highly recommended that You wear a helmet at all times when participating in the sport of curling.

5. You are participating voluntarily in the Activities. In consideration of Your participation, You hereby acknowledge that You are aware of the risks, dangers and hazards associated with or related to the Activities. The risks, dangers and hazards include, but are not limited to, injuries from:
a) Executing strenuous and demanding physical techniques in curling;
b) Dryland training including weights, running and massage;
c) Strenuous cardiovascular workouts;
d) Exerting and stretching various muscle groups;
e) Being struck by a broom, brush or curling stone;
f) The failure to properly use any piece of equipment or from the mechanical failure of any piece of equipment;
g) Physical contact with other participants, spectators, equipment and vehicles;
h) Running or sliding on the ice surface;
i) Falling while delivering the curling stone, skipping or sweeping;
j) Falling because of slippery ice, or uneven or irregular surfaces;
k) Spinal cord injuries which may render You permanently paralyzed;
l) Stepping onto the ice surface from the walkway or onto the walkway from the ice surface;
m) Stepping over dividers that divide one sheet of ice from the next;
n) Weather conditions which may result in hypothermia;
o) Travel to and from competitive events and associated non-competitive events, which are an integral part of the organization’s activities.

Terms

6. In consideration of the Organization allowing You to participate in the Activities, You agree:
a) That Your physical condition is appropriate to participate in the Activities;
b) To comply with the rules and regulations for participation in the Activities.
c) That if You observe an unusual significant hazard or risk, You will remove Yourself from participation and bring such to the attention of an Organization representative immediately.
d) That the Organization does not undertake to provide health, accident, disability, hospitalization, personal property or other insurance for You in the Activities and You
affirm that You have ascertained appropriate insurance to protect Yourself.

Release of Liability

7. In consideration of the Organization allowing You to participate, You agree:
a) The sole responsibility for Your safety remains with You;
b) To ASSUME all risks arising out of, associated with or related to Your participation;
c) To WAIVE any and all claims that You may have now or in the future against the Organization;
d) To freely ACCEPT AND FULLY ASSUME all such risks and possibility of personal injury, death, property damage, expense and related loss, including loss of income, resulting from Your participation in the activities, events and programs of the Organization; and
8. YOU FOREVER RELEASE the Organization from any and all liability for any and all claims, demands, actions, damages (including direct, indirect, special and/or consequential), losses, actions, judgments, and costs (including legal fees) (collectively, the “Claims”) which YOU may have or may in the future HAVE, that might arise out of, result from, or relate to YOUR participation in the Activities, even though such Claims may have been caused by any manner whatsoever, including but not limited to, the negligence, gross negligence, negligent rescue, omissions, carelessness, breach of contract and/or breach of any statutory duty of care of the Organization.

General

9. You expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by the law and that if any of its provisions are held to be invalid, the balance shall, notwithstanding, continue in full legal force and effect.

Acknowledgement

10. You acknowledge that You have read this Agreement and understand it, that You have had the opportunity to review this Agreement with a lawyer of Your choosing if You so desire, that You execute this Agreement voluntarily and agree to be legally bound by this Agreement.  You further acknowledge that this Agreement is to be binding upon Yourself, Your heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legal or personal representatives.

THIS IS A RELEASE OF YOUR RIGHTS.  PLEASE ENSURE THAT YOU HAVE READ THIS AGREEMENT CAREFULLY BEFORE CLICKING “ACCEPT”.
You have carefully read this Agreement and fully understand its contents. You are aware that this Agreement constitutes a release of liability and a binding contract between Yourself and the persons and entities mentioned above, and You sign it of Your own free will. You understand that You are giving up substantial rights, including Your right to sue. You acknowledge that You are signing this Agreement freely and voluntarily, and intend by Your signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.

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