Waiver
ACKNOWLEDGMENT, WAIVER AND RELEASE FROM LIABILITY PLEASE READ CAREFULLY BEFORE SIGNING THIS ACKNOWLEDGMENT, WAIVER AND RELEASE FROM LIABILITY (the “AWRL”). I acknowledge that The Run of Exploding Colours is a test of a person’s physical & mental limits and it carries with it potential for death, serious injury, and property loss. I HEREBY ASSUME THE RISKS OF PARTICIPATING IN THE RUN OF EXPLODING COLOURS. I verify that I am physically fit, have adequately prepared for participation in this event, and have not been instructed otherwise by a qualified health professional. I hereby take the following action for myself, my executors, administrators, heirs, next of kin, successors and assigns, or anyone else who might claim or sue on my behalf, and I expressly acknowledge that it is my intent to take these actions: (a) I AGREE to abide by the competitive rules adopted by THE RUN OF EXPLODING COLOURS; (b) I AGREE that prior to participating in this event, I will inspect the race course, facilities, equipment, and areas to be used and if I believe any to be unsafe, I will advise the event coordinators; (c) I WAIVE, RELEASE, AND DISCHARGE FROM ANY AND ALL CLAIMS, LOSSES, OR LIABILITIES FOR DEATH, PERSONALLY INJURY, PARTIAL OR PERMANENT DISABILITY, PROPERTY DAMAGE, MEDICAL OR HOSPITAL BILLS, THEFT OR DAMAGES OF ANY KIND, INCLUDING ECONOMIC LOSSES AND LOSS AND/OR STOLEN ITEMS, WHICH ARISE OUT OF OR RELATE TO MY PARTICIPATION IN, OR MY TRAVELING TO AND FROM THE EVENT (COLLECTIVELY, HEREINAFTER REFERRED TO AS “LOSSES”), THE FOLLOWING PERSONS OR ENTITIES: The Run of Exploding Color; The Story; Storyboard Cultural Community Endeavours; event sponsors; race directors; employees; event owners; volunteers; the Municipality of Lambton County and the The Corporation of The City of Sarnia; and the officers, directors, employees, representatives, volunteers, and agents of any of the above (collectively, hereinafter referred to as the “Released Parties”), even if such claims, losses, or liabilities are caused by the negligent acts or omissions of the persons I am hereby releasing or are caused by the negligent acts of any other person or entity; (d) I ASSUME THE RISKS OF RUNNING AND PARTICIPATING IN THIS EVENT. I ALSO ASSUME ANY AND ALL OTHER RISKS associated with participating in this event including but not limited to falls, contact and/or crashes with other participants, effects of weather including heat and/or humidity, defective equipment, the condition of the roads, water hazards, complications from color on clothing and person, and any hazard that may be posed by spectators or volunteers, all such risks being known and appreciated by me, and I further acknowledge that these risks include risks that may be caused by the negligence of the Released Parties, or other persons or entities; (e) I AGREE NOT TO SUE ANY OF THE RELEASED PARTIES for any and all Losses that I have waived, released or discharged herein; (f) I INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES for any and all claims made or liabilities assessed against them as a result of: (i) my actions or inactions, (ii) the actions, inactions or negligence of others including those parties hereby indemnified; (iii) the conditions of the facilities, equipment, or areas where the event is being conducted; (iv) the Competitive Rules; or (v) any other harm caused by an occurrence related to THE RUN OF EXPLODING COLOURS event; (g) I GRANT PERMISSION for the use of my name and/or likeness relating to my participation in THE RUN OF EXPLODING COLOURS event, and I waive all right to any future compensation to which I may otherwise be entitled as a result of the use of my likeness; and (h) I UNDERSTAND and accept that my entry fee is non-refundable under any circumstance. I HEREBY AFFIRM THAT I AM EIGHTEEN (18) YEARS OF AGE OR OLDER. I HAVE READ THIS DOCUMENT AND UNDERSTAND ITS CONTENTS. FOR PERSONS UNDER EIGHTEEN (18) YEARS OF AGE A PARENT OR LEGAL GUARDIAN MUST SIGN THE ABOVE AWRL AND COMPLETE THE FOLLOWING SECTION. The undersigned (parent/guardian), the parent and natural or legal guardian of (minor’s name) hereby acknowledges that he or she has executed the foregoing AWRL for and on behalf of the minor named herein. As the natural or legal guardian of such a minor, I hereby bind myself, the minor and our executors, administrators, heirs, next of kin, successors and assigns to the terms of the foregoing AWRL. I represent that I have the legal capacity and authority to act for and on the behalf of the minor named herein, and I agree to indemnify and hold harmless the persons or entities mentioned in the foregoing AWRL for any claims made of liabilities assessed against them as a result of any insufficiency of my legal capacity or authority to act for and on the behalf of the minor in the execution of the foregoing AWRL or in the execution of this Consent. I hereby authorize any licensed physician, emergency medical technician, hospital or other medical or health care facility (“Medical Provider”) to treat the minor named herein for the purpose of attempting to treat or relieve any injuries received by said minor arising out of or relating to The Run of Exploding Colours event. I authorize such Medical Provider to perform all procedures deemed medically advisable in attempting to treat or relieve such injuries. I consent to the administration of anesthesia as deemed advisable during the course of treatment. I realize and appreciate that there is a possibility of complications and unforeseen consequences in any medical treatment, and I assume and such risk for and on behalf of myself and said minor. I acknowledge that no warranty is being made as to the results of any medical treatment.
