PLEASE READ CAREFULLY. BY SIGNING THIS DOCUMENT, YOU WILL ASSUME CERTAIN RISKS AND RESPONSIBILITIES.
DEFINITIONS
In this document Moosomin Visual Arts Centre and its affiliated Member Organizations shall hereinafter be referred to collectively as MVAC.
In this document the term "Activities or Activity" shall include all activities, programs, events, classes, and services provided.
This is a binding legal document. Clarify any questions or concerns before signing. As a participant in the MVAC summer art program and the orientation, instruction, activities, programs, and services of MVAC (collectively the “Activities”), the undersigned acknowledges and agrees to the terms outlined in this document.
DISCLAIMER
Moosomin Visual Arts Centre and their respective Directors, Officers, committee members, members, employees, volunteers, participants, sponsors, owners/operators of the facilities in which the Activities take place, and representatives (collectively “MVAC”) are not responsible for any injury, personal injury, damage, property damage, expense, loss of income or loss of any kind suffered by a Participant during, or as a result of, the Activities, caused in any manner whatsoever including, but not limited to, the negligence of MVAC.
DESCRIPTION AND ACKNOWLEDGEMENT OF RISKS
I understand and acknowledge that:
- the Activities have foreseeable and unforeseeable inherent risks, hazards and dangers that no amount of care, caution or expertise can eliminate, including without limitation, the potential for serious bodily injury, permanent disability, paralysis and loss of life;
- MVAC is not infallible. MVAC may be unaware of my child's abilities, may give incomplete warnings or instructions, and the equipment being used might malfunction;
- The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization (“WHO”) and COVID-19 is extremely contagious. The Association has put in place preventative measures to reduce the spread of COVID-19; however, MVAC cannot guarantee that the Participant will not become infected with COVID-19 including any mutation or variation thereof or any future pandemics or epidemics identified by any Canadian government authority and/or the WHO. Further, participating in the Activities could increase the Participant’s risk of contracting COVID-19 including any mutation or variation thereof or any future pandemics or epidemics identified by any Canadian government authority and/or the WHO. My child is participating voluntarily in the Activities.
In consideration of my child's participation, I hereby acknowledge that I am aware of the risks, dangers and hazards associated with or related to the Activities. The risks, dangers and hazards include, but are not limited to:
- Health: physical exertion, traumatic injury, bacterial infections, rashes, and the transmission of communicable diseases, including viruses of all kinds, COVID-19, bacteria, parasites or other organisms or any mutation thereof.
- Premises: defective, dangerous or unsafe condition of the facilities; falls; collisions with objects, walls, equipment or persons; dangerous, unsafe, or irregular conditions on ground surfaces, extreme weather conditions; travel to and from premises.
- Use of Equipment: mechanical failure of the equipment; negligent design or manufacture of the equipment; the provision of or the failure by the Organization to provide any warnings, directions, instructions or guidance as to the use of the equipment; failure to use or operate the equipment within my own ability.
- Advice: negligent advice regarding programs.
- Ability: Failing to act safely or within my child's own ability or within designated areas.
- Cyber: privacy breaches, hacking, technology malfunction or damage.
- Conduct: My child's conduct and conduct of other persons including any physical altercation between participants.
- Travel: Travel to and from the Activities.
- Negligence: My child's negligence and negligence of other persons, including NEGLIGENCE ON the PART OF THE ORGANIZATION, may increase the risk of damage, loss, personal injury or death. I understand that the Organization may fail to safeguard or protect me from the risks, dangers and hazards of the programs.
TERMS
In consideration of MVAC allowing me to participate in the Activities, I acknowledge and agree:
- That when my child practices art in their own space, they are responsible for their surroundings and the location and equipment that they select;
- That my child's mental and physical condition is appropriate to participate in the Activities and you assume on their behalf all risks related to their mental and physical condition;
- To comply with the rules and regulations for participation in the Activities;
- To comply with the rules of the facility or equipment;
- That if my child observes an unusual significant hazard or risk, they will remove themself from participation and bring their observations to a representative of MVAC immediately;
- That it is your child's sole responsibility to assess whether any Activities are too difficult for them. By commencing an Activity, it is acknowledged and accepted the suitability and conditions of the Activity;
- That COVID-19 is contagious in nature and my child may be exposed to, or infected by, COVID-19 and such exposure may result in personal injury, illness, permanent disability, or death; and could lead to exposure and further spread of COVID 19 to other individuals, or other loss resulting from a pandemic or epidemic, as declared as such by WHO and any Canadian government authority;
- and That my child is responsible for their choice of safety or protective equipment and the secure fitting of that equipment.
RELEASE OF LIABILITY AND DISCLAIMER
In consideration of MVAC allowing my child to participate, I acknowledge and agree:
- That the sole responsibility for my child's safety remains with them;
- To ASSUME all risks arising out of, associated with or related to my child's participation;
- That I am not relying on any oral or written statements made by MVAC or its agents, whether in a brochure or advertisement or in individual conversations, to agree to participate in the Activities;
- To WAIVE any and all claims that I may have now or in the future against the Association;
- To freely ACCEPT AND FULLY ASSUME all such risks and possibility of personal injury, death, property damage, expense and related loss, including loss of income, resulting from my participation in the Activities;
- To FOREVER RELEASE AND INDEMNIFY MVAC from any and all liability for any and all claims, demands, actions, damages (including direct, indirect, special and/or consequential), losses, actions, judgments, and costs (including legal fees) (collectively, the “Claims”) which I have or may have in the future, that might arise out of, result from, or relate to my child's participation in the Activities, even though such Claims may have been caused by any manner whatsoever, including but not limited to, the negligence, gross negligence, negligent rescue, omissions, carelessness, breach of contract and/or breach of any statutory duty of care of MVAC;
- To FOREVER RELEASE AND INDEMNIFY MVAC from any action related to my child becoming exposed to or infected by COVID-19 or any other pandemic or epidemic, as declared as such by WHO and any Canadian government authority, as a result of, or from, any action, omission or negligence of myself or others, including but not limited to MVAC;
- That negligence includes failure on the part of MVAC to take reasonable steps to safeguard or protect my child from the risks, dangers and hazards associated with the Activities;
- and This release, waiver and indemnity is intended to be as broad and inclusive as is permitted by law of the Province of Saskatchewan and if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect.
ACKNOWLEDGEMENT
