Acknowledgement, Release of Liability,
Waiver Of Claims, Assumption of Risks
And Indemnity Agreement
The Glenmore Sailing Club (“GSC”) is responsible for the management of certain sailing vessels, facilities and amenities, including without limitation the Glenmore Sailing Club Clubhouse, (the “GSC Facilities”) for the use and benefit of the members of the GSC; and
The GSC established a set of rules and regulations governing the use of the GSC Facilities which rules and regulations may be amended from time to time (the “Rules and Regulations”).
In consideration of me and/or minor children under my control (hereafter “Minor Children”) being allowed to use the GSC Facilities, including but not limited to the Glenmore Sailing Club Clubhouse, I state and agree:
- I have read and agree to comply with all GSC Rules and Regulations now in effect, including specifically, those rules governing use of the GSC Facilities.
- I shall be solely responsible for ensuring that I, any Minor Children and my guests and invitees understand and abide by the GSC’s Rules and Regulations, and I further agree that if I/we fail to abide by such Rules and Regulations, my/our privileges to use the GSC Facilities may be terminated or suspended immediately.
- I understand access card(s) may be issued to me based on the class of my membership with the GSC, as defined in the Glenmore Sailing Club Bylaws (the “Bylaws”), if applicable, and that the access card(s) will at all times remain the property of the GSC. If at any time my membership at the GSC ceases, I agree to immediately return to the GSC all access card(s) issued to me. I will notify the GSC immediately if an access card is lost or stolen, at which time the access card will be deactivated, I will be provided with a replacement access card and agree to pay the replacement cost of $50.00. By signing this Agreement, I agree to only distribute access card(s) to those persons or children that are 12 years of age and older, for which I am the legal guardian, listed under my membership in the GSC Membership Management System, if applicable under the Bylaws.
- I understand membership card(s) will be issued to me and all those persons listed under my membership in the GSC Membership Management System, if applicable under the Bylaws. Membership cards are required to access and use GSC Facilities and/or participate in activities sponsored or provided by the GSC, with such exceptions as determined, from time to time, by the executive of the GSC. I acknowledge that I and any Minor Children must present an active and valid membership card upon request by a GSC representative.
- I acknowledge that certain activities sponsored or provided by the GSC or available at the GSC Facilities may be dangerous, possibly resulting in serious bodily injury or death. I acknowledge and understand that use of the GSC Facilities and/or participation in GSC sponsored activities subjects me and any Minor Children to additional risks and dangers, both known and unknown, including but are not limited to the inherent risks of recreational activities and the physical stress that may accompany the use of such GSC Facilities. I acknowledge that injuries could result from accidents or the negligence or carelessness of myself, any Minor Children, or others, including the GSC, its officers, directors, managers, employees, agents or members. I knowingly accept and assume all known and unknown risks in the use of the GSC Facilities and/or participating in activities sponsored or provided by the GSC on behalf of myself, or any Minor Children. I further acknowledge and agree that my/my Minor Children’s use of the GSC Facilities and/or participation in activities sponsored or provided by the GSC may be unsupervised at any or all times.
- For good and valuable consideration, for myself, any Minor Children, my guests and invitees, I agree to indemnify and hold harmless the GSC, its officers, directors, managers, employees, agents and members (collectively the “Indemnified Parties”) from all current and future, foreseen and unforeseen actions, expenses, judgments, damages, claims, losses or liabilities of any kind, including those arising out of their negligence or carelessness, and including lawyers fees incurred in defending against any of the same, that may arise from or in connection with my and/or the Minor Children’s use of the GSC Facilities and/or participation in activities sponsored or provided by the GSC, including personal injuries or death, to myself or any Minor Children.
- For myself and any Minor Children, I hereby release, discharge and agree not to take legal action against, or make any claim against the Indemnified Parties from any and all foreseen and unforeseen injury, death, claim, loss, or damage of any kind and nature, including lawyers fees and court costs, that may arise from or in connection with my and/or any Minor Children’s use of the GSC Facilities and/or participation in activities sponsored or provided by the GSC, including injury, death, claim, loss, or damage arising out of the negligence or carelessness of the Indemnified Parties and waive any claims, loss, liability or damage that I or any Minor Children may have arising out of such injury, death, claim, loss or damage.
Negligence, as used herein, shall include, but not be limited to, failure to make reasonable and prudent efforts to determine (1) my or any Minor Children’s ability to use the GSC Facilities and/or engage safely in activities sponsored or provided by the GSC or (2) my or any Minor Children’s ability to safely manage particular recreation equipment or knowledge of a dangerous latent condition concerning the land, facilities, or equipment for which warning signs have not been conspicuously posted.
- This Agreement is executed without reliance upon any promise, inducement, statement or representation by the entity and or person released or their representatives or lawyers.
- This Agreement is governed by the laws of the Province of Alberta and the parties agree to submit to the jurisdictions of the Alberta courts.
- This Agreement shall bind me, any Minor Children, and our respective heirs, successors or assigns.
I and any Minor Children voluntarily use the GSC facilities and/or participate in activities sponsored or provided by the GSC knowing the dangers involved, and we assume all known and unknown risks, and the above stated risks. The terms of this agreement shall serve as a complete waiver and release of liability, hold harmless and covenant not to take legal action against agreement and express assumption of all risks. I shall be solely responsible for my and any Minor Children’s safety and well-being, and for all expenses that arise directly or indirectly from use of the GSC facilities and/or participation in activities sponsored or provided by the GSC.
By my and any Minor Children’s use of GSC access card(s), GSC membership card(s), the GSC Facilities and/or participation in GSC sponsored activities, I acknowledge that I have read this Acknowledgement, Release Of Liability, Waiver Of Claims, Assumption Of Risks And Indemnity Agreement, that I fully understand the terms of the Agreement, believe it is fair and reasonable, and agree to its terms.
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