IMPORTANT PLEASE READ: Please print and bring this form with you. In order to participate, you are required to have a signed liability form. We will have a few extra forms onsite but because we are 100% non-profit organization, a small fee to recuperate costs for printing and paper will be charged. We would rather you not have to pay for a form so we encourage you print and bring your own form. :) Edmonton Hispanic Cultural Society RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY, NON-COMPETE AGREEMENT WARNING! BY SIGNING THIS FORM YOU GIVE UP IMPORTANT LEGAL RIGHTS INCLUDING THE RIGHT TO SUE. PLEASE READ CAREFULLY! (MUST print n this Section) EVENT NAME:__________________________________ DATE:______________________ NAME OF PARTICIPANT, VOLUNTEER or PERFORMER:______________________________________________________
ADDRESS OF PARTICIPANT, VOLUNTEER or PERFORMER:___________________________________________________
CITY:________________________ PROV:________ POSTAL CODE:___________________
Minors must be accompanied by an adult. DISCLAIMER CLAUSE The Edmonton Hispanic Cultural Society and their officers, directors, agents, contractors, employees, coaches/instructors, trainers, volunteers, members and representatives, the manufacturers and distributors of the equipment used in any event or program (all hereafter collectively referred to as “the Releasees”), are not responsible for any injury, loss or damage of any kind sustained by any person while registered and/or participating in any and all Edmonton Hispanic Cultural Society sanctioned activities, events, practise sessions or social activities (all hereafter collectively referred to as “Edmonton Hispanic Cultural Society Recreation Activities”), including injury, loss or damage which might be caused by the negligence of the Releasees.
DEFINITIONS In this agreement the term “event or program” shall include all activities, programs, events, classes, and services provided, sponsored or organized by the Releasees including but not limited to:social activities, volunteering for the Edmonton Hispanic Cultural Society, eating event food at any event or program, performing in a performance of any type, yoga, pilates, weight training, dance, tennis, squash, step, bootcamp, martial arts, and all other such related activities.
In this agreement the term "participant" shall include performer, volunteer and paid temporary employee.
DESCRIPTION OF RISKS In consideration of participation in any programs, I acknowledge that I am aware of, and freely accept the possible risks, dangers and hazards associated with being a participant, volunteer or performer, including the possible risk of severe or fatal injury to myself or others. These risks include but are not limited to:
a) all manner of injuries resulting in muscular injuries and soft tissue injuries including bruises, scrapes, cuts, etc, from executing strenuous and demanding physical techniques, contact with other participants, volunteers or performers and failure in proper use of equipment either by myself or other participants, volunteers or performers;
b) all manner of injuries resulting in sprains, dislocations, concussion, and broken bones, heart attack/stroke, spinal injury and tendonitis;
c) all manner of head, facial, eye and/or dental injuries;
d) all manner of medical problems resulting from heat exhaustion, dehydration, asthma, communicable diseases, food poisoning, skin rashes, cramps, chemical poisoning, and lack of fitness or conditioning;
e) that my risk of injury increases as I become fatigued;
f) all manner of injures and/or death that could result from a physical confrontation whether caused by myself or someone else; and
g) all manner of injuries and/or death that may result from collision with other participants on foot, bikes, motor vehicles and/or buses.
h) all manner of negligent advise regarding fitness programs Initials: _________
MEDICAL/HEALTH & TRAVEL INSURANCE 1. I AM SOLELY RESPONSIBLE to select and purchase adequate medical/health insurance. No medical/health insurance will be provided by the Releasees. In the event of a medical/health problem, the Releasee accepts no responsibility for any costs associated with a medical/health problem nor will they pay for any medical/health expenses, which may be incurred by my participation in any programs( as a participant, volunteer or performer) provided by Edmonton Hispanic Cultural Society. I freely accept and assume all responsibility to provide myself with medical/health insurance coverage. Initials:_________
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT In consideration of the Edmonton Hispanic Cultural Society allowing me participation in any events or programs, I agree: 1. TO ASSUME AND ACCEPT ALL RISKS arising out of, associated with or related to my participating in the Edmonton Hispanic Cultural Society's events or programs.
2. TO RELEASE THE RELEASEES from any and all liability from any loss, damage, injury or expense that I may suffer, or that my next of kin may suffer as a result of my participation in any events or programs due to any cause whatsoever, including breach ofcontract, or breach of any Statutory or Other Duty of Care, including any Duty of Care Owed under the Occupiers’ Liability Act,RSA 1980 C. 0-3, on the part of the Releasees;
3. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES: a) from any and all liability for any damage to the personal property of, or personal injury to, any third party resulting from my participation in any events or programs;
b) from any and all claims, demands, actions and costs which might arise out of my participating in theevents or programs, even though such claims, demands, actions and costs may have been caused by the negligence of the Releasees. Initials: _________
ALBERTA Freedom of Information and Protection of Privacy Act (FOIPP): By signing below, I consent to having the information in this document collected by the Edmonton Hispanic Cultural Society. Certain personal information may be made available to federal and provincial government departments and agencies under appropriate legislative authority. Personal information is protected under the Alberta FOIPP Act. For further information, contact Information and Privacy Office at (780) 701-7777 ACKNOWLEDGEMENT
NON-COMPETE For good and valuable consideration that is acknowledged, the undersigned, "Participant", shall not engage in a business in any manner similar to, or in competition with, Edmonton Hispanic cultural Society.
Furthermore, the participant shall not engage in a business in any manner similar to, or in competition with, the Company's business for a period of 3 years from the date of termination of his or her employment with the Company in the geographical area within a 75 mile radius of any office of the Company, and the geographical area within a 75 mile radius of the Employee's home address.
For the purpose of this agreement, the participant shall be regarded as engaging in a "business in any manner similar to, or in competition with, the Company's business" if, directly or as an independent contractor or employee of any business, the participant is engaged in the business of Latin Heritage events, parade float, festival or such other business or businesses as the Company is engaged in either individually or as part of some other business entity or affiliate during the term of the Employee's employment by the Company.
The Participant shall not solicit, canvass, or accept any business or transaction for any other person, firm, corporation, or business similar to any business of the Company or its affiliates.
The participant acknowledges and agrees that the above restriction is reasonable as to duration and geography, that it is fully enforceable, and waives any objection thereto and covenants to institute no suit or proceeding or otherwise advance any position or contention to the contrary.
The participant recognizes that immediate and irreparable damage will result to the Company if the participantbreaches any of the terms and conditions of this agreement and, accordingly, the participant hereby consents to the entry of temporary, preliminary, and permanent injunctive relief by any court of competent jurisdiction against him or her to restrain any such breach in addition to any other remedies or claims for money damages that the Company may seek; and the Employee agrees to render an equitable accounting of all earnings, profits and other benefits arising from such violations; and to pay all costs and counsel fees incurred by the Company in enforcing this agreement, which rights shall be cumulative.
The participant represents and warrants to the Company that his or her experience and capabilities are such that he or she can obtain employment in business without breaching the terms and conditions of this agreement and that his or her obligations under the provisions of this agreement (and the enforcement thereof by injunction or otherwise) will not prevent him or her from earning a livelihood.
The existence of any claim or cause of action of the participant against the Company, whether predicated on this agreement or otherwise, shall not constitute a defense to the enforcement by the Company of this covenant.
In the event that the participant is in breach of any of the provisions of this agreement as set forth above, the period of proscription from doing the act or acts that constitute a breach of this agreement shall be extended for a period of 3 years from the date that the Participant ceased, whether voluntarily or by court order, to engage in or do said actions.
The participant recognizes and agrees that the Company does not have a remedy at law adequate to protect the Company's rights and interests as set forth in this agreement, and the participant therefore agrees that the Company shall have the right to an injunction enjoining the participant from violating the provisions of this agreement. Nothing herein contained shall be construed as prohibiting the Company from pursuing any other remedies available to the Company for such breach or threatened breach.
If any action at law or equity is necessary to enforce or interpret the terms of this agreement, the participant agrees to pay the Company reasonable attorney fees, costs, and necessary disbursements, in addition to any other relief and/or damages to which the Company may be entitled.
In the event that a court of competent jurisdiction determines that this covenant not to compete is unenforceable in whole or in part for any reason, including, without limitation, the duration, scope, and remedies set forth above, then same shall not be void, but rather shall be enforced to the extent that same is deemed to be enforceable by said court, as if originally executed in that form by the parties hereto.
Service of all notice under this agreement shall be sufficient if made by registered mail to the specific party involved herein at his or her respective address hereinafter set forth or as such party may provide from time to time in writing:
This agreement constitutes the entire agreement between the parties hereto and supersedes all prior negotiations, understandings and agreements, whether oral or written, of any nature whatsoever with respect to the term of employment that is the subject matter hereof, and there are no representations, warranties, understandings or agreements other than those expressly set forth herein between the Company and the participant.
This agreement is not to be changed, modified or terminated unless it is changed in writing, and signed by the parties hereto.
The validity, interpretation, construction and enforcement of this agreement shall be governed by the laws of the Province and City of Edmonton, Alberta.
The invalidity or unenforceability of any particular provision of this agreement shall not affect the other provisions hereto, and the agreement shall be construed in all respects as though such invalid or unenforceable provision were omitted.
IN WITNESS WHEREOF, the parties hereto acknowledge, understand, and agree to this agreement. The parties understand and intend to be bound by all of the clauses contained in this document and further certify that they have received signed copies of this agreement on this date.
I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT, that I have executed this agreement voluntarily, and that this agreement is to be binding upon myself, my heirs, executors, administrators and representatives.
Director of Edmonton Hispanic Cultural Society : _____________________