EVENT REGISTRATION, RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
FOR PARTICIPATION IN: TORONTO ISLAND LAKE SWIM (including related programs and/or multisport events (“Event”). The Event is operated by Lake Ontario Waterkeeper & Waterkeeper Insight Consulting Inc.
READ THIS AGREEMENT CAREFULLY BEFORE SIGNING. THIS AGREEMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL LIMIT OR ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS. INTRODUCTION I understand and acknowledge that by checking the box below or signing this Release And Waiver Of Liability, Assumption Of Risk And Indemnity Agreement (“Agreement”), that I am legally agreeing to the statements in this Agreement and that these statements are being accepted and relied upon by the Released Parties, as defined below. All adult participants, or the participant’s legal guardian (for the participant and on his/her behalf), if applicable, must sign this Agreement. In consideration of being permittead by Lake Ontario Waterkeeper & Waterkeeper Insight Consulting Inc. (hereafter “Waterkeeper”) to participate in the Event, I acknowledge and agree as follows: ACKNOWLEDGMENT AND ASSUMPTION OF RISKS This Event takes place outdoors at Centre Island Pier, Toronto and can include, but are not limited to: warm-up exercises; competitive swimming, (the Event and other activities collectively referred to in this Agreement as “Activities”). Activities may be scheduled or unscheduled, mandatory or optional, structured or unstructured and include free time. I acknowledge that the inherent and other risks, hazards and dangers (collectively referred to in this Agreement as “risks”) of these activities can cause injury, damage, death or other loss to participant or others.The following describes some, but not all of the inherent risks, as applicable to participant’s activities: Risks in any competitive or athletic activity. Training for, practicing or competing in the Event or other events and associated swimming and other conditioning involves frequent and repetitive use of the arms and legs, extreme fitness and endurance, and pushing the limits of the participant’s speed and abilities.
Risks present in an outdoor environment. Participants may be subject to: severe storms or bad weather such as lightning, strong winds, rain, hail, snow and ice; fast moving water bodies and currents; extremely hot or cold weather; stinging, venomous and/or disease carrying animals or insects and other natural or man-made hazards. Hazards (both on land and above and below water level) may not be marked or visible and weather is always unpredictable.
Risks involved in decision making and conduct. These risks include the risk that a Waterkeeper staff member, representative, volunteer, contractor or co-participant may misjudge a participant’s capabilities, health or physical condition, misjudge some aspect of instruction, medical treatment, weather, terrain, water level, or route location, or, that one of those persons may not warn participant (and/or participant’s legal guardian) about one or more of the inherent risks of these activities.
Swimming risks. These risks include the risk of colliding with objects, people (including co-participants or spectators); being submerged underwater or drowning, or contact or collision with other swimmers, objects, marine life or the bottom of the water body.
Personal health and participation risks. The risk that a participant’s mental, physical or emotional condition (including any use or abuse of alcohol or prescription or non-prescription drugs), whether disclosed or undisclosed, known or unknown, combined with participation in these activities could result in injury, damage, death or other loss.
Risks connected with location. Activity location may cause or contribute to delays or difficulties in communication, transportation, evacuation or medical care.
Risks associated with premises. Ruts, holes, water sources, rocks, uneven ground or other conditions may exist in and around the activities.
Supervision and activities risks. I understand that neither Waterkeeper or its staff, representatives, volunteers, contractors or anyone associated with them will be supervising participant during the activities or at any time. Adult participant agrees he/she is solely responsible for his/her own well-being at all times; or, if applicable, a participant’s legal guardian agrees to take sole responsibility for participant’s supervision before, during and after the Event and other activities, including during free time and at all other times.
Risks regarding conduct. The potential that participant, co-participant/s and/or third party/s may act in a negligent or intentional manner. These and other risks may result in participants: falling partway or falling to the ground; being struck; colliding with objects, people or the bottom of a lake or other water body; reacting to weather conditions or increased exertion; becoming lost or disoriented; suffering gastro- intestinal complications or allergic reactions or experiencing other problems. These and other circumstances may cause heat or cold related illnesses or conditions (including hypothermia, cold water immersion, frostbite, hyperthermia, or heat exhaustion/stroke); dehydration; hyponatremia; drowning; high altitude sickness; heart or lung complications; broken bones; paralysis or other permanent disability; mental or emotional trauma; concussions; sunburn or other burns or other injury, damage, death or loss -- before, during or even after the participant participates in the Event or other activities.
I understand and agree:
Fitness for Event: I agree that I am solely responsible for my conditioning and fitness before, during and after the Event, and that I, in conjunction with my physician, am responsible for determining whether these activities are appropriate for me, before I participate;
Contractors: Waterkeeper contracts with individuals or organizations that are independent contractors (not its employees or agents) to provide some of the Event services and to conduct some of the activities participants will engage in. I acknowledge that Waterkeeper does not supervise or control these independent contractors and is not legally liable or responsible for their conduct.
Location: The Event takes place on premises or at facilities not owned or controlled by Waterkeeper, and Waterkeeper does not oversee or take responsibility for any aspect or condition of these independent facilities or premises.
Other Risks: The information provided in this Agreement is not exhaustive, other unknown or unanticipated activities, inherent or other risks and outcomes may exist, and Waterkeeper cannot assure my safety or eliminate any of the risks. Waterkeeper representatives are available should I have further questions about these activities or the associated risks.
I am voluntarily participating with knowledge of the risks. Therefore, I assume and accept full responsibility for myself, for the inherent and other risks (both known and unknown) of the activities, and for any injury, damage, death or other loss I may suffer, resulting from those inherent and other risks, including but not limited to the risk of my, a co-participant’s, a Released Party’s, a spectator’s, a volunteer and/or a third party’s passive or active negligence or other misconduct.
RELEASE AND INDEMNITY
PLEASE READ CAREFULLY. THIS RELEASE AND INDEMNITY SECTION CONTAINS A SURRENDER OF CERTAIN LEGAL RIGHTS. I HEREBY ACKNOWLEDGE AND ASSUME ALL OF THE RISKS OF PARTICIPATING IN THIS EVENT, AND AGREE AS FOLLOWS: TO RELEASE AND NOT TO SUE Waterkeeper, TO, EVENT SPONSORS, EVENT ORGANIZERS, EVENT PROMOTERS, EVENT PRODUCERS, RACE DIRECTORS, EVENT OFFICIALS, EVENT STAFF, ADVERTISERS, ADMINISTRATORS, CONTRACTORS, VENDORS, VOLUNTEERS, AND ALL PROPERTY OWNERS AND PROVINCIAL, CITY, TOWN, COUNTY, AND OTHER GOVERNMENTAL BODIES, AND/OR MUNICIPAL AGENCIES WHOSE PROPERTY AND/OR PERSONNEL ARE USED AND/OR IN ANY WAY ASSIST IN LOCATIONS WHERE THE ACTIVITIES TAKE PLACE (INCLUDING THE TORONTO PORT AUTHORITY AND HER MAJESTY IN RIGHT OF CANADA, THEIR EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS OR AGENTS,, AND EACH OF THEIR RESPECTIVE PARENT, SUBSIDIARY AND AFFILIATED COMPANIES, ASSIGNEES, LICENSEES, OWNERS, OFFICERS, DIRECTORS, PARTNERS, BOARD MEMBERS, SHAREHOLDERS, MEMBERS, SUPERVISORS, INSURERS, AGENTS, EMPLOYEES, VOLUNTEERS, CONTRACTORS AND REPRESENTATIVES AND ALL OTHER PERSONS OR ENTITIES ASSOCIATED OR INVOLVED WITH THE ACTIVITIES (INDIVIDUALLY AND COLLECTIVELY REFERRED TO IN THIS AGREEMENT AS THE "RELEASED PARTY" AND THE "RELEASED PARTIES"), WITH RESPECT TO ANY AND ALL CLAIMS, LIABILITIES, SUITS OR EXPENSES (INCLUDING ATTORNEYS’ FEES AND COSTS) (COLLECTIVELY REFERRED TO IN THIS AGREEMENT AS “CLAIM” OR “CLAIM/S”’) FOR ANY INJURY, DAMAGE, DEATH OR OTHER LOSS IN ANY WAY CONNECTED WITH MY ENROLLMENT OR PARTICIPATION IN THE ACTIVITIES, NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RELEASED PARTIES, ANY BREACH BY THE RELEASED PARTIES OF STATUTORY DUTY AND/OR USE OF ANY EQUIPMENT, FACILITIES OR PREMISES, HOWSOEVER CAUSED.
I AGREE HERE TO WAIVE ALL CLAIM/S I MAY HAVE AGAINST THE RELEASED PARTIES AND AGREE THAT NEITHER I, NOR MY ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURY, DAMAGE, DEATH OR OTHER LOSS I MAY SUFFER. TO DEFEND AND INDEMNIFY (“INDEMNIFY” MEANING PROTECT BY REIMBURSEMENT OR PAYMENT) THE RELEASED PARTIES WITH RESPECT TO ANY AND ALL CLAIM/S BROUGHT BY OR ON BEHALF OF ME, MY SPOUSE, A FAMILY MEMBER OR ANY OTHER PERSON, FOR ANY INJURY, DAMAGE, DEATH OR OTHER LOSS IN ANY WAY CONNECTED WITH MY ENROLLMENT OR PARTICIPATION IN THE ACTIVITIES, NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RELEASED PARTIES, ANY BREACH BY THE RELEASED PARTIES OF STATUTORY DUTY AND/OR USE OF ANY EQUIPMENT, FACILITIES OR PREMISES.
THIS RELEASE AND INDEMNITY SECTION INCLUDES BUT IS NOT LIMITED CLAIM/S FOR PERSONAL INJURY OR WRONGFUL DEATH (INCLUDING CLAIM/S RELATED TO EMERGENCY, MEDICAL, DRUG AND/OR HEALTH ISSUES, RESPONSE, ASSESSMENT OR TREATMENT), PROPERTY DAMAGE, LOSS OF CONSORTIUM, BREACH OF CONTRACT OR ANY OTHER CLAIM, INCLUDING CLAIM/S RESULTING FROM THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE.
OTHER PROVISIONS I understand and agree: Any dispute or claim/s I may have arising out of, relating to or in connection with this Agreement, my enrollment or participation in the activities, or any other aspect of my relationship with Waterkeeper: 1) shall be governed by Ontario law (without regard to its “conflict of law” rules), 2) will be referred, prior to any other proceedings, to mediation under the auspices of the Canadian Commercial Arbitration Centre (CCAC) in accordance with its Conciliation and Mediation Rules in force at the time of the mediation and to which the parties declare they have adhered, and 3) if mediation is unsuccessful, will be definitively settled under the auspices of The Canadian Commercial Arbitration Centre, by means of arbitration and to the exclusion of courts of law, in accordance with its General Commercial Arbitration Rules in force at the time this contract is signed and to which the parties declare they have adhered. CCAC arbitrator/s knowledgeable in the field and in commercial matters, acceptable to both the participant and Waterkeeper, shall conduct the arbitration.
Required Venue: I agree that any mediation or arbitration proceeding, or any suit or other proceeding must be filed, entered into and/or take place only in Toronto, Ontario. If I am signing as the participant’s legal guardian, I have the legal authority to act for the participant and on their behalf. If my guardian status is challenged or found invalid, I will defend and indemnify the Released Parties, to the fullest extent allowed by law and per the provisions of this Agreement, just as if I were the participant’s lawful legal guardian. In regard to my relationship with Waterkeeper, I agree that the contents of this Agreement will take precedence over any other forms or contracts (for parties other than Waterkeeper) I may sign in connection with these activities. I authorize Waterkeeper staff, representatives, contractors or other medical personnel to obtain or provide medical care for me, to transport me to a medical facility, and to provide treatment (including but not limited to evacuation, hospitalization, blood transfusions, surgery and medications) they consider necessary for my health. I agree to pay all costs associated with that care and transportation. I agree to the release (to or by Waterkeeper, sanctioning entity, insurance carriers, other health care providers and their staff, representatives or contractors) of any medical information or records necessary for treatment, referral, billing or other purposes. Waterkeeper reserves the right, in its sole discretion, to dismiss any participant from the activities, to deny or revoke entry of any applicant at any time, and/or to disqualify participant from the Event. If I am dismissed or depart for any reason, I agree I am responsible for all costs of early departure whether for medical reasons, dismissal, personal emergencies or otherwise. If my entry application is denied or revoked, I agree Waterkeeper is not responsible for costs incurred or damages suffered by me or my family in excess of the amount of the entry fee. Waterkeeper, in its sole discretion, may delay, modify, or cancel the Event. If the Event is delayed, modified, or cancelled for any reason, including but not limited to acts of God or the elements (including, without limitation, wind, rough water, rain, hail, hurricane, tornado, earthquake), acts of terrorism, fire, war, public disaster, flood, unavoidable casualty, race course conditions, or any other cause, there shall be no refund of Waterkeeper’s entry fee. I agree that Waterkeeper will not reimburse costs or expenses incurred by me or my family member/s in preparation for or in connection with the Event if it is delayed, modified or cancelled.
I grant to Waterkeeper, to its affiliates, designees and assignees the right and permission to photograph, film, record and/or otherwise capture in any media the name, image, voice, written statement, photograph and/or visual likeness of me and/or my family members (collectively “images”) during the activities or otherwise, without compensation, for use for any purpose in any media throughout the world in perpetuity, including but not limited to use in broadcasts, photographs, publications, podcasts, webcasts, motion pictures, brochures, CDs, DVDs, internet websites, television, and/or in any related commercial, informational, educational, advertising, or promotional materials. I understand that all ownership and copyright rights in the images shall be owned by Waterkeeper and I waive any inspection or approval rights. I understand and agree that my name, bib number and race results will be available to the public during and after the Event. Waterkeeper may assign this Agreement to other entity/s or individual/s (“assignees”) at any time, and any such assignment will grant assignees the full rights and protections accorded in this Agreement, consistent with Waterkeeper’s and other Released Parties rights and protections under this Agreement. If I sign this Agreement both online and on-site, I agree that the on-site version of this Agreement, as that version may be amended from the online version, will be binding.
This Agreement is intended to be interpreted and enforced to the fullest extent allowed by law. If any portion of this Agreement is deemed unlawful or unenforceable, it shall not affect the enforceability of the remaining provisions, and those remaining provisions shall continue in full force and effect. I UNDERSTAND AND AGREE THAT BY CHECKING THE BOX BELOW OR SIGNING THIS AGREEMENT I AM NOT ONLY GIVING UP MY RIGHT TO SUE THE RELEASED PARTIES BUT ALSO ANY RIGHTS MY ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES MAY HAVE TO SUE THE RELEASED PARTIES FOR DAMAGES AND LOSSES RESULTING FROM MY INJURY, DAMAGE, DEATH OR OTHER LOSS. I HEREBY AFFIRM THAT I AM OF THE AGE OF MAJORITY, I HAVE READ THIS AGREEMENT, I UNDERSTAND ITS CONTENT, AND INTENTIONALLY AND VOLUNTARILY SIGN THIS AGREEMENT.
ABOUT THE TORONTO ISLAND LAKE SWIM
Now in it's 5th Year the Toronto Island Lake Swim is an open water swim race held on August 26th, 2018. We have three distances: 750m, 1.5km, and 3.8km. The event is open to recreational swimmers up to competitive swimmers. We have partnered with Lake Ontario Waterkeepers, and are focused on bringing awareness to how important it is to keep our fresh water lakes clean.