WAIVER AND ASSUMPTION OF RISK

Home / Program Registration / WAIVER AND ASSUMPTION OF RISK

The complete Terms below should be reviewed carefully before using Facilities or participating in Programs.

WAIVER AND ASSUMPTION OF RISK

All users of Town of High River (“Town”) recreational facilities (“Facilities”) and participants in Town recreational programs (“Programs”) acknowledge and agree that the use of Facilities or participation in Programs are governed by the Informed Consent, Waiver, and Indemnity posted on the Town’s website (the “Terms”), which require, among other things, that all users:

  • Assume all risks and dangers of personal injury and all other hazards arising in any way from the use of Facilities or participation in Programs, irrespective of how that injury occurred or whether the injury was caused by the actions or inactions of the employees at the Town;
  • Acknowledge and represent that they are physically fit enough to participate in strenuous physical activity;
  • Agree that the Town and its employees and agents are released from any claims by users arising from the use of Facilities or participation in Programs;
  • Agree to the Terms as agent for children or minors that they accompany to Facilities or register for Programs, and indemnify the Town for any injuries suffered by those children and minors arising from the use of Facilities or participation in Programs; and
  • Agree to be solely responsible, and indemnify the Town, for any injuries or loss caused by them or their children and minors that they accompany to Facilities or register for Programs while participating in Programs or using Facilities.

INFORMED CONSENT, WAIVER, AND INDEMNITY

In exchange for the payment received (when applicable) and the acceptance of the additional covenants herein, the payor (the “Payor”), or in the case of the Payor making payment on behalf of another person or a person who does not make any payment (collectively, the “User”), the User is authorized to participate in programs offered by the Town of High River (the “Town”) or programs that utilize Town recreation facilities (“Facilities”) (together, the “Programs”). The Payor acknowledges and represents that, in the event the Payor is making payment on behalf of the User, the Payor accepts the terms and covenants, and makes the representations, herein on behalf of the User as the User’s agent.

The Payor and User understand participation in Programs or use of Facilities may involve, but is not limited to, the following activities: walking to and from parks and other facilities, indoor/outdoor sports, games and activities, playing on playground equipment, fitness classes, swimming and skating, and participation in other sports and recreational activities (together, the “Activities”). The Payor and User are aware and acknowledge that certain risks of injury are inherent in the Payor’s or the User’s participation in the Programs and Activities, and use of Facilities, and that such injuries may be minor or serious and may result from one’s actions or inactions, or the actions or inaction’s of others, or a combination of both. The Payor and User represent that they are each physically fit enough to participate in strenuous physical activities.

By participating in the Programs or using the Facilities, the Payor and User agree that neither the Town nor its agents, elected officials, officers, employees, volunteers and representatives (together, the “Town Representatives”) shall be liable for any personal injury to the Payor or any personal injury to the User, nor for any loss or damage to the Payor’s or User’s personal property arising from, or in any way resulting from, the Payor’s or User’s participation in the Programs or Activities, or use of Facilities (together, “Claims”).

In the event that the User or the Payor are injured while participating in the Programs or using Facilities, the Town may secure such medical advice and services as it, in its sole discretion, may deem necessary for the Payor’s or the User’s health and safety and the Payor and User shall be financially responsible for and indemnify the Town for such advice and services.

The Payor further undertakes to inform the User of the risks of: participating in Programs and using Facilities; the waiver of Claims and indemnities contained herein; and that the User’s participation in Programs and use of Facilities is conditional on the User accepting the risks associated with the Programs, Activities and use of Facilities, and agreeing to be bound by and honour the waiver of Claims and indemnities contained herein. The Payor further agrees to indemnify the Town and the Town Representatives from any Claims made by the User that are in anyway related to the User’s participation in the Programs or use of Facilities. The Payor and User further agree to indemnify the Town and Town Representatives from any damages or loss to any third party in any way arising from the Payor’s or User’s participation in the Programs or use of Facilities.

The Payor and User further acknowledge and agree that the above waiver of Claims against the Town and the Town Representatives and the indemnities provided above are fundamental conditions precedent to any participation in any Programs or use of Facilities by the Payor or the User.

The Payor declares that it has read, understood and agrees to the INFORMED CONSENT, WAIVER, AND INDEMNITY in its entirety.