|By clicking on "I Agree," you agree, warrant and covenant as follows:
|WAIVER AND RELEASE FROM LIABILITY
PLEASE READ CAREFULLY, THIS WAIVER AND RELEASE IS LEGALLY BINDING
By clicking on the I AGREE link below and agreeing to this waiver you give up your right to recover compensation through the courts or otherwise, for all damage to yourself, including injury or death, or any damage to your property while taking part in Plane Pull 2017, (hereinafter referred to as the “Activity”) organized by United Way of Peel Region, United Parcel Service Canada Ltd. (UPS) and the The Toronto Pearson Airport Authority (The Authority) to be held on June 24th 2017 at the Toronto Pearson International Airport for the purposes of raising funds for United Way of Peel Region.
THE UNDERSIGNED, a participant in the Activity, am AWARE of the possibility of personal health and safety risks due to my voluntary participation in the Activity. I ACKNOWLEDGE THAT the risks, dangers, and hazards associated with the Activity may include but are not limited to: accidents, falls, sprains, contact with other participants, personal safety, the effects of the weather and the conditions of the premises. I FREELY ACCEPT AND FULLY ASSUME all risks, dangers and hazards and the possibility of personal injury, death or loss resulting from such risks, dangers and hazards. I acknowledge that my participation in this Activity is voluntary and is not connected to or related to my employment duties at UPS or any other employer, and that any injuries that are sustained or aggravated during the event are not work related, nor can they be considered.
In consideration of my voluntary participation in the Activity, I hereby AGREE AS FOLLOWS:
1. TO WAIVE ANY AND ALL CLAIMS arising from my voluntary participation in the Activity that I have or may have in the future against Her Majesty the Queen in Right of Canada, UWCA, UPS and The Authority, their respective directors, officers, employees, agents, volunteers, sponsors, independent contractors and, if applicable, affiliates (collectively referred to as the “Releasees”);
2. TO RELEASE THE RELEASEES from any and all liability for any loss, damage, injury or expense that I may suffer, or that my next of kin may suffer and arising from my voluntary participation in the Activity due to any cause whatsoever including NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE.
3. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to the property of, or personal injury to, any third party, resulting from or in connection with my voluntary participation in the Activity;
4. This Waiver and Release shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives (“My Estate”) in the event of my death or incapacity.
5. TO CONSENT being photographed during the Activity and to the use or publication of my image in whatever format (for example, print, electronic, multi-media, Internet) in any promotional material of the Releasees.
I am not relying upon any oral or written representations or statements made by the Releasees other than what is set forth in this Waiver and Release. Any provision judicially determined to be unenforceable shall be severed an all other provisions remain in full force and effect.
I HAVE READ AND UNDERSTOOD THIS WAIVER AND RELEASE. I HAVE AVAILED MYSELF OF THE OPPORTUNITY TO SEEK THE APPROPRIATE ADVICE BEFORE AGREEING, WHETHER LEGAL OR OTHERWISE, AND I AM AWARE THAT BY CLICKING THE I AGREE LINK BELOW AND AGREEING TO THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY ESTATE MAY HAVE AGAINST THE RELEASEES.