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In consideration of my (“I”, “my” or “myself”) and/or on behalf of my child/ward’s (each a “Ward”) and/or on behalf of my organization/group/agency (“Agency”), use and/or entry and/or occupation as a visitor, volunteer, and/or spectator (any of the foregoing, a “User”) in or at the Charcoal House/Building Between/Chemical Distribution Building and/or property lands located at Koshlong Lake Road in Haliburton, Dysart et al, in the village of Donald or other Land Between charity-owned, leased, operated, licensed or sponsored venue(s) and/or Use/Event(s) (any of the foregoing and any ancillary venues/occupations/entries/ingresses/use/events/activities/operations related thereto, an “Use/Event”), I, on behalf of myself and Ward, acknowledge, accept and agree the following:   
 (1) The risk of serious injury and/or death from the activities involved participating in any Use/Event, as a User, is significant and may include, without limitation, the following: (i) sprains; (ii) strains; (iii) fractures; (iv) heat and cold injuries; (v) injuries involving the acts or omissions of other Use/Event Users or vehicles; (vi) injuries from falls or tripping; (vii) injuries from falling or loose building materials, from any and other falling debris, from break-away hazards arising from the building structure or elsewhere; from uneven ground, terrain, or floors (ix) animal bites and/or stings; (x) contact with poisonous plants; (xi) accidents involving, but not limited to falling or falling from heights; (xii) diseases from exposure to contaminated soil, water or air; and/or (xiii) death. While particular rules, equipment and/or personal discipline may reduce this risk, the risk of serious injury and/or death does exist.   

(2) ON BEHALF OF MYSELF, AND MY WARD, AND MY AGENCY, I (undersigned) KNOWINGLY, VOLUNTARILY AND FREELY ASSUME AND ACCEPT ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OR ACT OR OMISSIONS OF THE RELEASEES, as hereinafter defined, or others, and assume full responsibility and all risks for myself and/or my Ward’s participation in the Use/Event.    

(3) I knowingly and voluntarily agree to comply with any stated customary terms and conditions (which have been made available to me) for User’s participation in a Use/Event. If, however, I observe an unusual and/or significant hazard during my presence at the Use/Event, I will remove myself or my Ward from participation and bring such hazard to the attention of the nearest Use/Event official.    

(4) To the fullest extent permissible by applicable law, I, on behalf of myself, and/or my Ward (if applicable), and/or my Agency (if applicable) and our respective heirs, assigns, spouses, partners, personal representatives and/or next of kin, forever WAIVE, RELEASE, DISCHARGE and COVENANT NOT TO SUE THE LAND BETWEEN CHARITY, HALIBURTON STORAGE.COM, 882025 ONTARIO INC., AQUATILUS CONSULTING, LEORA BERMAN, TOM OLIVER, JIM O’CONNOR the venue owner of the Use/Event, and their respective owners, officers, directors, employees, contractors, representatives,  agents and affiliates and, as applicable, any direct or indirect parent or subsidiary, predecessor, successor, heir, assign, media partners, associated charity, sponsor or medical providers of any of the foregoing (collectively, the “Releasees”) WITH RESPECT TO ANY SUITS, CLAIMS, OR LOSS AND ALL INJURY, DISABILITY, DEATH, AND/OR LOSS OR DAMAGE TO PERSON OR PROPERTY, IN CONNECTION WITH MY OR MY WARD’S PARTICIPATION IN THE USE/EVENT, WHETHER ARISING FROM THE NEGLIGENCE OR WILLFUL CONDUCT OF THE RELEASEES OR OTHERWISE. I further agree to indemnify, defend and hold harmless Releasees from any loss liability, cost, claim and/or damages arising from User’s participation in or association with the Use/Event, including, but not limited to, reasonable attorney’s fees.  

(5) I, on behalf of myself, and/or my Ward, and/or my Agency attest and verify that: (i) unless indicated below, I am over 18 years of age and am legally signing on behalf of myself and/or my agency, or if applicable, Ward; (ii) User is free from all illnesses, injuries and defects that could interfere with any person’s (including his or her) safe participation in an Use/Event; and (iii) on the date of the Use/Event, User will possess and be covered by medical/health insurance, individually or as part of an organization. I acknowledge that User, and I, as Ward’s parent/ legal guardian (if applicable) or as Agency’s representative (if applicable), am aware and informed of the inherent risks in participating in the Use/Event and that User’s participation in a Use/Event is entirely voluntary.  

(6) I, on behalf of myself, and/or my Ward, and/or my Agency consent to administration of first aid and other medical treatment and related services, including evacuation/transport, in the Use/Event of injury or illness in connection with participation in the Use/Event and hereby release and indemnify Releasees from any and all liability or claims arising out of such treatment and/or services. I further consent and agree to obtain, furnish and allow, if required, the use and disclosure of my personal health information by such providers in connection with rendering services and or treatment, and to sign any additional documents that may be requested by such providers, in connection such information or services.  

(7) I, on behalf of myself, and, if applicable, my Ward or my Agency, irrevocably grant unlimited permission to Releasees to use, reproduce, sell, disseminate and distribute any and all photographs, images, videotapes, motion pictures, recordings, or any other depiction of any kind of User or my or Ward’s participation in a Use/Event or related activity for any legitimate purpose in perpetuity and I understand that User will not be entitled to any compensation in connection therewith.  I further hereby irrevocably and absolutely grant permission to the Releasees to film, videotape and record the performance of the User in the Use/Event and subsequently to telecast, sell, distribute and otherwise utilize the same in whatever manner Releasees shall deem appropriate. Such permission shall include granting the unlimited and irrevocable rights to Releasees, without compensation of any kind to User, to use, reproduce or broadcast, User’s name, nickname, image, likeness, voice, photograph, signature facsimile, and biographical information in connection with the Use/Event. I acknowledge that Releasees shall have unlimited right throughout the world to copyright, use, reuse, publish, republish, broadcast and otherwise distribute depictions of or information about User and all or any portion of the Use/Event in which User may appear on any and all radio, network, cable and local television programs and in any print materials and in any other format or media (including electronic media) now known or hereafter devised in perpetuity and without compensation to User.  

(9) In consideration and in return for being allowed to participate in the Use/Event, User releases and agrees not to sue the Releasees from all present and future claims regarding User’s participation in Use/Events organized by the Releasees, including the Use/Event, by User and his/her heirs, assigns, spouses, partners, personal representatives and/or next of kin.  

(10) If any of the provisions of this Waiver, Release of Liability, Covenant Not To Sue & Image Release (“Waiver”) shall be deemed by a court of competent jurisdiction invalid or unenforceable in any respect, then, to the fullest extent permitted by applicable law, all other provisions hereof shall remain in full force and effect.