Release and Waiver of Liability Agreement: All participants in the Canada Day Distance Classic and related events ("Race") are required to assume all risk of participation in the Race by signing this release and waiver of liability agreement.
1. RELEASE
The undersigned volunteer ("Volunteer") on behalf of themselves and on behalf of the Volunteer's personal representatives, assigns, heirs, executors, hereby fully and forever releases, waives, discharges and covenants not to sue Canada Day Distance Classic Inc., Canada Day Distance Classic Foundation, Athletics Canada, Terry Fox Foundation, ALS Canada, City of Toronto, City of Ottawa, City of Vancouver, City of Montreal, City of Calgary, and their respective directors, officers, and employees, any agencies whose property and/or personnel are used for staging, course route and support, official race parking, or finish venue, and any other sponsoring or co-sponsoring companies, individuals, and volunteers related to the Race (collectively, "Releasees") from all liability to the Volunteer and their personal representatives, assigns, heirs and executors, for all loss(es) or damage(s) and any and all claims or demands therefore, on account of injury to the Volunteer or property or resulting in the death of the Volunteer, whether caused by the active or passive negligence of all or any of the Releasees or otherwise, in connection with the Volunteer's participation in the Race.
The Volunteer represents and warrants that they are in good physical condition and are able to safely participate in the Race. The Volunteer is fully aware of the risks and hazards inherent in helping with the Race and hereby elects to voluntarily help with the Race, knowing the risks associated with the Race, including, without limitation, weather conditions such as high heat and/or humidity, traffic and the condition of the road, all such risks being known and appreciated by the Volunteer. The Volunteer hereby assumes all risks of loss(es), damage(s), or injury(ies) that may be sustained by them while helping with the Race.
The Volunteer agrees to the use of their name and photograph in broadcasts, newspapers, brochures and other media without compensation. The Volunteer hereby grants to the medical director(s) of the Race and their agents, affiliates and designees, access to all medical records (and physicians) as needed and authorizes medical treatment as needed. The Volunteer warrants that all statements made herein are true and correct and understands that Releasees have relied on them in allowing the Volunteer to help with the Race.
2. WAIVER OF LIABILITY
The Volunteer understands that helping with the Race is potentially hazardous, and that a registered party should not participate unless they are medically able and properly trained. You understand that events may be held over public roads and facilities open to the public during the event and upon which hazards are to be expected. Participation carries with it certain inherent risks that cannot be eliminated completely ranging from minor injuries to catastrophic injuries including death.
You understand and agree that in consideration of being permitted to help with the event, you and any registered party, the heirs, personal representatives or assigns of you or the registered party do hereby release, waive, discharge and covenant not to sue Releasees for any and all liability from any and all claims arising from participation in the event by you or any registered party. By indicating your acceptance of this agreement and waiver, you are affirming that you have read and understand this agreement and waiver and fully understand its terms. You understand that you are giving up substantial rights, including the right to sue. You acknowledge that you are signing the agreement and waiver freely and voluntarily, and intend your acceptance to be a complete and unconditional release of all liability to the greatest extent allowed by law.