RELEASE AND WAIVER OF LIABILITY
IMPORTANT: THIS IS A BINDING LEGAL AGREEMENT. IT AFFECTS YOUR LEGAL RIGHTS AND LIMITS YOUR ABILITY TO SUE;
PLEASE READ IT CAREFULLY IT BEFORE AGREEING TO AND ACCEPTING THESE TERMS
In order to participate in the Baldy Marathon, 20KM, 10KM, or any other event in partnership with the Baldy Marathon (each, an “Event“), you must accept and agree to the terms below, which is a Release and Waiver of Liability (the “Release“) in favour of Baldy Mountain Resort; the town of Oliver; the Regional District Okanagan Similakameen; the town of Osoyoos; the Oliver Tourism Association; the Oliver Parks and Recreation Society; and the Province of British Columbia; and each and every director, officer, employee, affiliate, agent, delegate, representative, contractor, supplier, volunteer, sponsor, and provider of medical services of these persons with respect to their involvement with the Events in any way (collectively, all such parties are the “Released Parties“), and by doing so, in consideration of you being accepted to participate in any Event, and for other good and valuable consideration (the sufficiency of which is acknowledged), you agree as follows:
ASSUMPTION OF RISK: My participation in the Event is purely voluntary and I elect to participate, in spite of risks. I recognize and understand that participating in any Event may include risks that could be hazardous to me, and may put me at risk of serious injury or illness, including death or other losses. I acknowledge that risks and dangers and losses may arise from any number of circumstances, including but not limited to those caused by terrain; the effects of the weather; wet or icy or otherwise dangerous surfaces; falling objects; equipment; facilities; vehicle traffic; other participants; failure to follow safety procedures; diagnosed or undiagnosed health conditions; the actions of other people (including spectators); transportation to or from or associated with the Event; changes in the distance, course, time, prizes, or other details of the Event; or cancellation or postponement of the Event. I expressly and specifically accept and assume all risks of injury or harm or loss in or in relation to any Event. I further confirm and agree that this Release will apply to any Event in which I participate.
RELEASE AND WAIVER: To the fullest extent permitted by law, I forever release, waive, agree not to sue, exonerate, discharge, and agree to hold harmless the Released Parties from any and all liability, claims, demands, actions, complaints, debts and causes of action whatsoever that I may have against any Released Party with respect to any injury, illness, death, property damage, travel or cancellation expenses, or any other loss that may result, directly or indirectly, from my participation in any Event, or in relation to any Event, in any way, whether due to negligence or deliberate acts or otherwise (a “Loss”). I specifically understand and agree that this Release forever discharges the Released Parties from any liability or claim that I may have against any Released Party with respect to any Loss that may result in any way in relation to any Event. I further understand and confirm that the Released Parties do not assume any responsibility or obligation to provide financial or other assistance, including, but not limited to, medical, health, or disability insurance, in the event of any Loss suffered by me.
FITNESS: I acknowledge that participating in any Event requires proper physical training, and that I am solely responsible for ensuring that I am in good health, and physically capable of participating in an Event. I confirm that I have sufficiently trained and am healthy and have the ability to complete the Event. I have no physical or health issues that can prevent my participation in the Event, or could cause danger or risk to my health or to the health of others as a result of my participation. I confirm that my health has been regularly checked by a qualified physician, and that my statements in this document are based on the physician’s confirmation of my good health.
MEDICAL TREATMENT: If I am unable to consent at the time due to injury or illness, I consent to the administration of first aid and other emergency medical treatment for such injury or illness that occurs during any of my participation in any Event. I release and forever discharge the Released Parties from any claim whatsoever which arises or may hereafter arise on account of any first-aid treatment or other medical services provided to me. I acknowledge that any treatment will be performed in British Columbia.
PRIVACY AND DISCLOSURE: I agree that all photographs, video, and images taken by any employee, director, representative, contractor, volunteer, or agent of the Released Parties, in any media, are the property of the Baldy Mountain Resort and may be used in any way, including publicity and advertising, without my permission or payment to me. I consent to the collection, use, or disclosure of personal information for the purposes of billing, or results, or otherwise, and/or for journalistic purposes. I release and forever discharge the Released Parties from any claims whatsoever related in any way to use of my image or my personal information.
GOVERNING LAW AND JURISDICTION: I agree that any and all disputes arising in relation to any Event or any Loss or this Release shall be exclusively governed by and construed in accordance with the applicable laws of Canada and British Columbia, and shall be referred to and finally resolved by a single arbitrator in a confidential arbitration in accordance with the Domestic Commercial Arbitration Rules of Procedure of the British Columbia International Commercial Arbitration Centre, and that I shall irrevocably attorn and submit to the arbitrator’s exclusive and binding jurisdiction to decide all such disputes. The place of arbitration shall be Vancouver, British Columbia, Canada. I agree that any legal proceedings commenced by me or on my behalf will only be done in British Columbia.
APPLICABILITY AND ENFORCEABILITY: I expressly agree that this Release is intended to be as broad and inclusive as permitted by the laws of British Columbia. I agree that if any part of this Release is held to be invalid or illegal or unenforceable for any reason, such invalidity shall not affect the remaining provisions of this Release, which shall continue to be enforceable.
COMPLETE DEFENCE: I agree that this Release may be pleaded or relied upon by any Released Party as a full and complete defense and as the basis for an injunction or other application staying any claim made by me.
BINDING AGREEMENT: I further agree that this Release shall bind me, my successors, spouses, children, parents, family, guardians, assigns, heirs, administrators, and executors, and anyone else who might claim or sue in my name or on my behalf, forever.
RULES AND DIRECTIONS: I agree to comply with all rules, regulations, and instructions of the Baldy Marathon, and of all officials, volunteers, and race marshals with the Event.
FOR PARTICIPANTS UNDER 18:
PARENT/GUARDIAN AUTHORIZATION AND INDEMNITY
I am the parent or legal guardian of the participant named in this registration (the “Participant”).
AUTHORITY: I personally represent and warrant that I am duly authorized to agree to this Release on behalf of the Participant and on behalf of all parents and guardians of the Participant.
RELEASE AND WAIVER: I have read the Release and Waiver (the “Release”) and confirm that I hereby agree to and provide the Release for and on behalf of the Participant, and for and on behalf of myself and all parents and guardians of the Participant, and agree to all of the provisions and terms of the Release, which are hereby adopted under and form part of this Authorization, and the defined terms of which are used in this Authorization. I further acknowledge and confirm that I recognize, understand, and accept without reservation or qualification all of the risks to the Participant named above associated with completing the Event.
INDEMNITIES: I agree that if the Participant, directly or indirectly, personally or as commenced by an insurer or the government, in his or her own name, or otherwise, commences, maintains, continues, assigns, or participates in a proceeding or action against a Released Party related in any way to a Loss, then I will defend, indemnify, and save harmless the respective Released Party or Parties from and against any and all resulting liabilities, obligations, costs, expenses, and disbursements (including full legal fees and disbursements on a solicitor-and-own-client basis).
FITNESS: I affirm that the Participant is sufficiently trained and healthy and has the ability to complete the Event. The Participant has no physical or health issues that could prevent their participation in the Event, or that could cause danger or risk to their health as a result of such participation. I confirm that the Participant’s health or to the health of others has been regularly checked by a qualified physician, and that my statements in this document are based on the physician’s confirmation of the Participant’s good health.
MONITORING: I confirm and guarantee that I or another responsible person who has reached the age of majority will provide reasonable and appropriate monitoring of the Participant during the Event, and, having a view to their age and the specific Event in which they will participate, will remove them from the Event, if necessary, if their health or safety is at risk for any reason. I acknowledge and agree that the Released Parties shall have no responsibility to provide such monitoring of the Participant and that the Released Parties shall have no obligation to the Participant over and above any obligations of the Released Parties to all of the participants in the Event generally.
RULES AND DIRECTIONS: I agree to comply with, and to cause the Participant to comply with, all rules, regulations, and instructions of the Society, and of all officials, volunteers, and race marshals with the Event.
FOR THE RELAY: AUTHORITY & INDEMNITY
AUTHORITY & INDEMNITY: I personally represent and warrant that I am duly authorized to agree to this Release on behalf of each member of the relay team that I am registering (each, a “Participant”), and agree that if any Participant, directly or indirectly, personally, or as commenced by an insurer or the government, in his or her own name, or otherwise, commences, maintains, continues, assigns, or participates in a proceeding or action against a Released Party related in any way to a Loss, then I will defend, indemnify, and save harmless the respective Released Party or Parties from and against any and all resulting liabilities, obligations, costs, expenses, and disbursements (including full legal fees and disbursements on a solicitor-and-own-client basis).