By registering for the LTV Fall Rally, you signify that you have read, fully understand and agree (and your parent or legal guardian on your behalf, if you are under the legal age of majority in your jurisdiction of residence) to be legally bound by this Release and to comply with all applicable laws and regulations as they may change from time to time. IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THIS RELEASE, YOU ARE NOT PERMITTED TO PARTICIPATE IN ANY ACTIVITIES. We suggest you print a copy of this Release for your records.
For valuable consideration including my being permitted to participate in the TRIPLE E CANADA LTD. (“TRIPLE E”) Annual Fall Rally, the receipt and sufficiency being hereby acknowledged, I UNDERSTAND AND AGREE, ON BEHALF OF MYSELF, MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN THAT MY EXECUTION OF THIS DOCUMENT CONSTITUTES:
- AN UNQUALIFIED ASSUMPTION BY ME OF ALL RISKS associated with my attendance at, participation in, and use of, the facilities and the programs of, or provided by, TRIPLE E at Winkler & surrounding area, Manitoba (collectively, the “Facilities”) including, without limitation, participation in any events, classes, tours, programs and activities available at, or directly or indirectly associated with, the Facilities or the Annual Fall Rally (collectively, the “Uses”), even if such risks arise from the negligence or gross negligence, including any compounding of aggravation or injuries caused by negligent operations or procedures, of any and all persons associated with or participating therein in any capacity;
- A FULL AND FINAL RELEASE AND WAIVER OF LIABILITY AND ALL CLAIMS that I have, or may in the future have, against TRIPLE E and any other associated or related companies and all of their present and former directors, officers, employees, trainers, agents, representatives, volunteers, and others participating at, with, or in the Facilities in any capacity, (all of whom are collectively referred to as “the Releasees”) from any and all liability for any loss, damage, injury or expense that I may suffer as a result of the Uses, 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 OCCUPIERS’ LIABILITY ACT (MANITOBA) ON THE PART OF THE RELEASEES;
- AN AGREEMENT NOT TO SUE THE RELEASEES for any loss, injury, costs or damages of any form or type, howsoever caused or arising, and whether directly or indirectly, from the Uses or in connection with the Facilities;
- 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, they may incur due to any claim made against them or any one of them whether the claim is based on the negligence or the gross negligence of the Releasees or otherwise;
- AN ACKNOWLEDGMENT that there may be security cameras in the Facilities and that such cameras will be used for purposes including surveillance, security and evidence in the case of any theft or damage to person or property or harassment of any Releasee, member or guest of the Facilities;
- A CONFIRMATION that I recognize the dangers and risk associated with the Uses;
- AN AGREEMENT THAT I may be photographed and/or filmed at the Facilities and/or the Annual Fall Rally and that I consent and grant to the Releasees, the absolute and irrevocable right and unrestricted permission, in perpetuity, worldwide, to publish, make, distribute, show, record, reproduce, use, edit or modify any such photograph or film, without any compensation to me, and that I waive any and all rights, moral or otherwise, with respect to such photograph or film; and
- AN AGREEMENT that this document be governed by the law, and in the courts of the Province of Manitoba.
By registering for the LTV Fall Rally, you signify that you have READ AND UNDERSTOOD THIS AGREEMENT AND DECLARE “I AM WAIVING CERTAIN SUBSTANTIAL LEGAL RIGHTS WHICH I AND MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS MAY HAVE AGAINST THE RELEASEES EITHER INDIVIDUALLY OR COLLECTIVELY.”