General Waiver: Adults

ASSUMPTIONS OF RISKS, RELEASE OF LIABILITY, WAIVER OF CLAIMS, & INDEMNITY AGREEMENT
(hereinafter the “Agreement”)

BY SIGNING THIS DOCUMENT, YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT, ON YOUR OWN BEHALF AND ON BEHALF OF YOUR CHILD/CHILDREN.

PLEASE READ CAREFULLY.

To: Swamp Donkey Musical Theatre Society and its respective directors, officers, employees, volunteers, members, and others providing services to them, and their successors and assigns (collectively the “Releasees”):

In good and valuable consideration of Swamp Donkey Musical Theatre Society providing musical theatre programs, activities, and/or performance opportunities (the “Services”) to me, and allowing me to participate in all related events and activities that occur while I am receiving the Services,

I HEREBY REPRESENT, COVENANT, WARRANT, AND AGREE THAT:

I represent and confirm that I am (eighteen) 18 years of age or over; I am not legally incapacitated (whether pursuant to the Bankruptcy and Insolvency Act (Canada), the Dependent Adults Act (Alberta), and/or other legislation) from granting this liability release; I have the legal capacity and authority to grant this liability release on my behalf; and this liability release binds and is effective against me.

ACKNOWLEDGEMENT OF RISKS:

I acknowledge that there are perils, risks, dangers, and hazards associated with musical theatre activities, programs, and performances including but not limited to personal injury; short and long term health consequences; and death.  I further acknowledge and I am aware that some of the aforesaid perils, risks, dangers, and hazards are foreseeable but others are not.  I understand that my participation in the Services will increase the likelihood of being exposed to the aforesaid perils, risks, dangers, and hazards.

I acknowledge that I have fully informed myself of the nature and extent of the perils, risks, dangers, and hazards associated with the Services, and I freely accept and fully assume all perils, risks, dangers, and hazards in respect of my participation in the Services.

I UNDERSTAND AND AGREE, ON BEHALF OF MYSELF AND MY HEIRS, NEXT OF KIN, ASSIGNS, AND PERSONAL REPRESENTATIVES, THAT MY EXECUTION OF THIS DOCUMENT CONSTITUTES:

1. AN UNQUALIFIED ASSUMPTION BY ME OF ALL PERILS, RISKS, DANGERS, AND HAZARDS associated with my participation in the Services even if arising from the negligence or gross negligence, including any compounding or aggravation of injuries caused by negligent rescue operations or procedures, of the Releasees.
2. A FULL AND FINAL RELEASE OF LIABILITY AND WAIVER ALL CLAIMS that I have, or may in the future have, against the Releasees and any persons associated therewith or otherwise participating in the Services in any capacity, from any and all liability for any loss, injury, cost, damage, or expense of any form or type whatsoever that I may suffer as a result of my participation in the Services or my participation in any part of, or my presence in any capacity at, the Services, due to any cause whatsoever, INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE RELEVANT OCCUPIERS’ LIABILITY ACT ON THE PART OF THE RELEASEES.
3. AN AGREEMENT NOT TO SUE THE RELEASEES for any loss, injury, cost, damage, or expense of any form or type whatsoever, howsoever caused or arising, and whether directly or indirectly, from my participation in any aspect(s) of the Services.
4. AN AGREEMENT TO INDEMNIFY, AND TO SAVE AND HOLD HARMLESS THE RELEASEES, and each of them, from any litigation expense, legal fees, liability, damage, award, or cost, of any form or type whatsoever, which they may incur due to any claim made against them or any one of them by me or by that of my estate, whether the claim is based on negligence or gross negligence or otherwise as stated above.
5. AN AGREEMENT that is irrevocable and perpetual, and is not subject to termination, revocation, or rescission by me or any other person for any reason. This Agreement has priority over all other agreements in connection with the Services. This is the entire agreement between the parties and shall supersede and revoke all verbal or written communications or representations. I am relying only on the provisions of this Agreement and no other verbal or written communications or representations. This Agreement may only be modified by a written instrument signed by all the parties or their successors or assigns. This Agreement is binding on me and my heirs, next of kin, executors, administrators, successors, assigns and personal representatives. Should any provision of this Agreement be invalid, illegal, or unenforceable for any reason whatsoever, that provision shall be considered distinct and severable from the remaining provisions of this Agreement, which shall remain in force and be binding as though such inoperative provision had not been included. All references in this Agreement to statutory enactments or sections or provisions thereof shall be deemed to extend and apply to any amendments to such statutes and the regulations thereunder.  All references in this Agreement to the singular shall include the plural and vice versa, and all references to the masculine gender in this Agreement shall include the feminine and neuter genders and vice versa. This Agreement and all related matters shall be governed by and interpreted in accordance with the laws in force in the Province of Alberta, Canada and the Court of King’s Bench in Calgary, Alberta shall have original and exclusive jurisdiction over any dispute arising from, connected with, or relating to this Agreement or any related matter.