ASSUMPTION OF RISK, RELEASE, WAIVER OF CLAIM AND INDEMNITY
NOTICE: THIS DOCUMENT AFFECTS LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE, AND CREATES LEGAL REPOSIBILITIES. PLEASE READ CAREFULLY.
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To: Mayne Island Assisted Living Society (MIALS)
In consideration of my participation in the MIALS Off Island Community Bus Pilot Program 2023 offering transportation from Mayne Island to Sidney and Victoria, which shall be known as the Program as that term is defined and described below, I agree as follows:
1. ASSUMPTION OF RISK
I ACKNOWLEDGE AND AGREE THAT participation in the Program involves potential dangers, risks and hazards.
I FURTHER ACKNOWLDGE AND AGREE THAT my participation in the Program is entirely at my own risk and that I freely accept all the inherent risks of participating in the Program and the possibility of personal injury, death, assault, property damage and loss resulting therefrom.
I FURTHER ACKNOWLEDGE AND AGREE THAT MIALS’s acceptance of my involvement as a participant in the Program does not and will not make me an agent, contractor, employee or partner of MIALS.
2. RELEASE AND WAIVER OF CLAIM
I WAIVE ANY AND ALL claims I may now, and in the future, have against, and release and discharge from all liability, and agree not to sue, MIALS, its officers, directors, contractors, volunteers, agents and representatives, and each of them and their respective agents, administrators, representatives, heirs, successors and assigns (the “Releasees”) with respect to any and all liability, cost (including legal cost), claims, damages, demands, actions and causes of action of whatever kind which might arise from or in connection with my participation in the Program, including, without limitation, any personal mental or physical injury, illness, death, property damage, loss of personal freedom or financial loss or other loss suffered or any other family members or dependents. arising, directly or indirectly, from my participation in the Program, whether foreseen or unforeseen and regardless of the cause thereof including, without limitation, negligence or partial negligence on the part of the Releasees or any of them.
3. INDEMNITY
I AGREE to hold harmless and indemnify the Releasees for any and all claims made against any of the Releasees by any person, including any claim or action by or on behalf of my spouse or any dependants (present or future), for damages suffered or costs incurred arising out of or related to any aspect of my participation in the Program , including, without limitation, any of the matters described or contemplated in Item 2 above.
4. UNDERSTANDING
I DECLARE that I fully understand the terms of this Agreement and that I have not been influenced by any representations or statements made by or on behalf of MIALS not recorded herein.
I CONFIRM that I am the full age of 18 years and I have read and understood this Agreement prior to signing it and I agree that the legal rights and obligations under this Agreement will be binding upon my heirs, next-of-kin, executors, administrators and successors. I am aware that by signing this Agreement I am releasing and waiving certain legal rights, including the right to sue and to be awarded potentially substantial damages, which I or my heirs, next-of-kin, executors, administrators or assigns have or may have against the Releasees.
5. JURISDICTION
I AGREE that this Agreement shall be governed in all respects by and interpreted in accordance with laws of the Province of British Columbia.
Program: MIALS Off Island Community Bus Pilot Program 2023