In consideration for my participation in Camp WILD (the “Event”), I, on my behalf and on behalf of my personal representatives, heirs, executors, administrators and assigns (collectively, the “Participant”) hereby freely, voluntarily and without duress, execute this Release and Waiver of Liability (“Release”) and agree to the following terms:

 

1. Release. The Participant hereby releases and discharges the organizer of the Event, WILD Awakenings Inc., including their personal representatives, heirs, executors, administrators and assigns (the “Organizer”), the Organizer’s Event employees, contractors, and volunteers (collectively, “Event Providers”), and each land owner, municipal and/or governmental agency upon whose property an Event activity is conducted, jointly or severally, from any and all losses, liabilities, claims, causes of action, complaints, costs, damages, legal fees, or demands, in law, equity or otherwise, whether known or unknown, based upon bodily injury, disability, illness, disease, death, financial loss, property loss, damage, destruction, or other harm of any nature (each, a “Claim”), arising out of or as a consequence of the Participant’s actual or proposed participation in the Event, whether caused by the negligence of the Event Providers or otherwise, and regardless of whether the Participant was advised of the possibility of such damages.

 

2. Voluntary Acknowledgment of Risk. During the Event, the Participant may participate in various activities including, but not limited to yoga, snowshoeing, skiing, dancing, swimming, sauna, hiking, low and high ropes, archery and/or other individual and/or team physical activities (collectively, the “Activities”). The Participant is aware and understands that the Activities may be inherently dangerous and expose them to a variety of foreseen and unforeseen hazards and/or risks, including but not limited to: sprains, torn muscles and/or ligaments; fractured or broken bones; eye damage; cuts, wounds, scrapes, abrasions, and/or contusions; dehydration; head, neck, and/or spinal injuries; animal or insect bites or attacks; injuries caused by discharge of any weapon; shock, paralysis, and/or death; and/or any other physical ailment that may occur as a result of participation in the Event or the Activities. The Participant further understands that: (a) natural hazards exist and may impact their participation in the Event or an Activity; (b) although an Activity may not be strenuous, injuries or medical complications may occur; (c) certain foreseeable and unforeseeable events unique to each Activity can contribute to the unpredictability of that Activity; and (d) balance and physical coordination may affect the occurrence of accidents or injury. The Participant acknowledges that they may decline to participate in any Activity, that their participation in the Activities is purely voluntary, and that they have considered the associated risks. 

 

3. Express Assumption of Risk. In recognition of the inherent risks of the Event and the Activities, the Participant hereby expressly and specifically assumes such risks, including any and all risk of injury, accident, illness, harm, or loss (including death and damage to or loss of personal property) that they may incur as a result of their participation in the Activities and the Event. The Participant warrants that they are physically and mentally capable of participating in such Activities, including using any necessary equipment related to such Activities. 

 

4. Medical Authorization. The Participant hereby gives their consent and authority the Event Providers to obtain any medical treatment on the Participant’s behalf if they are injured or require medical attention during their participation in the Activities and/or the Event. The Participant understands and agrees that they are solely responsible for all costs related to such medical treatment, medical transportation, and/or evacuation. The Participant hereby releases, forever discharges and holds harmless the Event Providers from any Claim whatsoever in connection with such treatment or other medical services.

 

5. Use of Photos and Videos. The Participant understands and agrees that the Event Providers may collect or may have collected their name, photograph, image and/or likeness, including audio and video recordings (collectively, “Content”) as part of their participation in the Event. The Participant hereby consents to such collection and waives any rights they may have in such Content. The Participant hereby grants the Event Providers the right to use, modify, publish, or otherwise reproduce the Content, in all forms and manner, including in print and digital media, on websites, on social media accounts (such as Facebook, Twitter and Instagram), in media releases, and in broadcasts, without payment or notice to the Participant, in connection with its marketing and promotional materials. Once the Content has been published, the Participant understands that the Event Providers cannot control how it is used by people not associated with the Event Providers and the Participant understands that the Event Providers cannot be held responsible for their actions. The Participant hereby waives any right to approve any use of the Content by the Event Providers.

 

6. Termination of Activity. The Participant recognizes that the Event Providers may deem it necessary to terminate an Activity due to forces of nature, medical necessities, or other problems or concerns, and/or to terminate the participation of any person the Event Providers determine to be incapable of meeting the rigors or requirements of participating in an Activity and/or the Event. The Participant accepts the Event Providers’ right to take such actions for the safety of themselves and/or other Event participants. In the event of a cancellation or rescheduling of the Event, the Event Providers shall not be required to issue a refund, provided that the Participant is given the opportunity, within the twelve (12) months following the original date of the Event, to attend a rescheduled, substantially similar event or to exchange the Event ticket for a ticket, comparable in price and location, to another similar event as designated by the Event Providers, except as otherwise provided by law.

 

7. Reservation of Rights. The Event Providers reserve the right, without refund of any portion of the purchase price for the Event, to refuse admission to and/or eject any person whose conduct is deemed by the Event Providers to be disorderly, who uses vulgar or abusive language, or who fails to comply with the terms of this Release and any other Event rules brought to their attention. There will be NO REFUNDS and NO EXCHANGES EXCEPT AS PROVIDED FOR HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE EVENT DATE AND TIME MAY BE SUBJECT TO CHANGE AT THE EVENT PROVIDERS’ SOLE DISCRETION. ALL RIGHTS RESERVED.

 

8. Liability. The Participant agrees that in no event shall the Event Providers be liable for any damages, including but not limited to direct, special, indirect, incidental or consequential damages arising out of or in connection with the Event, regardless of whether any of the Event Providers are informed of, know or should know of the existence of or possibility of any such damages or liabilities. 

 

9. Miscellaneous. The Participant hereby agrees that this Release is intended to be as broad and inclusive as permitted, and that this Release shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. The Participant further agrees that this Release represents the full understanding between the Event Providers and the Participant and supersedes all other prior agreements, understandings, representations, and warranties, both written and oral, between them, with respect to the subject matter hereof. If any term or provision of this Release shall be held to be invalid by any court of competent jurisdiction, that term or provision shall be deemed modified so as to be valid and enforceable to the full extent permitted. The invalidity of any such term or provision shall not otherwise affect the validity or enforceability of the remaining terms and provisions. This Release is binding on and ensures to the benefit of the Event Providers and the Participant and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns.

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