REGISTRANT WAIVER ACCEPTANCE
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
WARNING – By agreeing to the terms and conditions and the details of this REGISTRANT WAIVER ACCEPTANCE
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT document you will waive certain legal rights. Please read carefully.
1. This is a binding legal agreement. Clarify any questions or concerns before agreeing. In consideration of the opportunity to participate as a Participant, Spectator, or Volunteer in the spectating, orientation, instruction, training, participation in the sport of athletics, related athletics disciplines, challenges, walking, hiking, jogging, running, cycling, running of timed or untimed races or scavenger hunts, experiences, activities, programs, indoor and outdoor meetings, social events, driving, travel to and from competitive events and associated non-competitive events, and all associated travel, transport and accommodation including the services of and offered (the “Activities”) by and Stir Communications Group Inc (DBA Chill and Thrill) its respective, directors, officers, committee members, members, employees, coaches, volunteers, officials, participants, governing body, agents, sponsors, owners/operators of the facilities in which the Activities take place and representatives (collectively the “Organization”) the Chill and Thrill event participant (the individual agreeing to the terms of this document), being the Participant or Volunteer (the “Participant”), acknowledges and agrees to the following terms:
Description of Risks
2. The Participant understands and acknowledges the following risks dangers and hazards (the “Risks”) of the Activities and related disciplines which include without limitation (for themself and any family or friends or pets they bring in any Activities):
a) Strenuous and demanding physical exertion, strenuous cardiovascular workouts, rapid movements, exertion and tension on various muscle groups which may cause serious injury to virtually all bones, joints, ligaments, muscles, tendons and other aspects of the Participant’s body or the Participant’s general health and wellbeing.
b) Concussion or other related head injuries including but not limited to closed head injury or blunt head trauma.
c) Loss of or damage to equipment/property.
d) Exposure to extreme conditions and circumstances.
e) Contact with other participants, officials, administrators, spectators or other natural or manmade objects, dangers arising from adverse weather conditions, imperfect field of play conditions, equipment failure or malfunction, inadequate safety measures and participants of varying skill levels.
3. The Activities have foreseeable and unforeseeable inherent risks, hazards and dangers that no amount of care, caution or expertise can eliminate, including without limitation, the potential for serious bodily injury, sickness, disease, contagion including but not limited to COVID-19, permanent disability, paralysis and loss of life.
4. The Organization may offer or promote online programming (such as online guides, challenges, scavenger hunts, curated experiences, webinars, remote conferences, workshops and online training) which have different foreseeable and unforeseeable risks than in-person programming.
5. The Participant understands that these Risks may be caused in whole or in part by the Participant’s own actions or inactions, the actions or inactions of others participating in or present during the Activities or the negligent acts or omissions of the Organization.
Terms and Attestation
6. The Participant attests, acknowledges and agrees:
a) That the Participant is in good physical and mental condition to participate in the Activities. In the event that the Participant brings a pet the Participant attests, acknowledges and agrees that the pet is in good physical and mental condition to participate in the Activities.
b) The Participant will comply with the rules and regulations for participation in the Activities including those that are a condition of use of the area, facility or venue in which the Activities occur.
c) The Participant will comply with all rules and regulations of the Organization, Dominion of Canada, Province of British Columbia and Public Health concerning matters of health and safety and specifically as they relate to COVID-19 or such other communicable disease or contagion and further that in the event the Participant fails, in the sole determination of the Organization, to comply with any such rules and regulations or related protocols, the Participant may be removed from or prevented from participating in the Activities.
d) If the Participant observes a significant hazard or risk, the Participant will remove themselves from participation in the Activities and report the hazard or risk to the attention of an Organization representative immediately.
e) That the Organization does not undertake to provide health, accident, disability, hospitalization, personal property or other insurance for the Participant.
f) That it is the Participant’s sole responsibility to assess whether any Activities are too difficult for the Participant (and/or the Participant’s pet). By the Participant commencing an Activity, the Participant acknowledges and accepts the suitability and conditions of the Activity; and
g) That the Participant is responsible for the choice of the Participant’s safety equipment, if required or recommended and the secure fitting of the safety equipment.
Release of Liability and Waiver
7. The Participant hereby expressly assumes all such risks and responsibility for any damages, liabilities, losses including loss of income, expenses or related loss which they incur as a result of the Participant’s participation in the Activities.
8. The Participant waives any and all claims that they may have now or in the future against the Organization and covenants not to sue the Organization.
9. The Participant forever releases the Organization from any and all claims, demands, actions, damages (including direct, indirect, special and/or consequential), losses, judgments and costs (including legal fees) (collectively, the “Claims”) which the Participant has or may have in the future, that might arise out of, result from or relate to participation in the Activities, even though such Claims may have been caused by the Organization in any manner whatsoever, including but not limited to, the negligence, gross negligence, negligent rescue, omissions, carelessness, breach of contract and/or breach of any statutory duty of care of the Organization. That negligence includes failure on the part of the Organization to take reasonable steps to safeguard or protect the Participant from the risks, dangers and hazards associated with the Activities.
10. The Participant agrees that if, despite this release and waiver of liability, assumption of risk and indemnity agreement, the Participant or anyone on the Participant’s behalf, makes a claim against the Organization or any third party that claims indemnification from the Organization, the Participant WILL INDEMNIFY, SAVE AND HOLD HARMLESS the Organization from any litigation expenses, legal fees, loss, liability, damage or costs which any may incur as a result of such claim, to the fullest extent permitted by law.
Jurisdiction
11. The Participant agrees that in the event that the Participant files a lawsuit against the Organization, the Participant agrees to do so solely in the Province of British Columbia, Canada and further agrees that the substantive law of the Province of British Columbia will apply without regard to conflict of law rules. The Participant further agrees that if any portion of this Agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
Trails Disclaimer
12. The trail information provided in any or all events or challenge is subject to changes at any time. While reasonable effort has been made to ensure that the information on this site and corresponding documents is correct, Stir Communications Group Inc (DBA Chill and Thrill) makes no warranty about the accuracy of this information and accepts no liability for any inconvenience or any direct or consequential loss arising from reliance upon this information. Be sure to check weather and trail conditions online before heading out onto the trails. Viewers and participants should be aware that roads, trails and linking trails or routes in this or related events as well as other trails and routes mentioned within may pass through remote wilderness areas. Trail conditions can change very rapidly and these changes may not be reflected here. Use of the information on this web site is at the viewers’ own risk.
Acknowledgement
13. The Participant acknowledges that they have read and understand this Agreement, that they have executed this Agreement voluntarily and that this Agreement is to be binding upon the Participant, their heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legal or personal representatives. The Participant further acknowledges by agreeing to and accepting this Agreement by checking the “I agree to terms and conditions box” that the Participant has waived the right to maintain a lawsuit against the Organization on the basis of any claims released herein.
Photo Video Release
By participating in this event, you will be taking part in activities where photography, audio, and video recording may occur. By registering for this event, you consent to photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for news, web casts, promotional purposes, telecasts, advertising, inclusion on websites, social media, or any other purpose by the Event Manager, its affiliates and representatives, and Stir Communications Group Inc (DBA Chill and Thrill). Images, photos and/or videos may be used to promote similar events in the future. You release the Event Manager including its officers and employees, and Stir Communications Group Inc (DBA Chill and Thrill) including its officers and employees, and each and all persons involved from any liability connected with the taking, recording, digitizing, or publication and use of interviews, photographs, computer images, video and/or or sound recordings. By participating in this event, you waive all rights you may have to any claims for payment or royalties in connection with any use, exhibition, streaming, web casting, televising, or other publication of these materials, regardless of the purpose or sponsoring of such use, exhibiting, broadcasting, web casting, or other publication irrespective of whether a fee for admission or sponsorship is charged. You also waive any right to inspect or approve any photo, video, or audio recording taken by the Event Manager, or the person or entity designated to do so by the Event Manager. You have been fully informed of your consent, waiver of liability, and release before participating in this event.
Terms of Use
Stir Communications Group Inc (DBA Chill and Thrill) maintains this website, any programs, offers, events offered and other linked and related sites (the “Site”) for the use of its customers, vendors, members and other Site users (“Users”) upon agreement to the following terms. Please read the terms carefully before using the Site. Use of this website indicates acceptance of these “Terms of Use” and forms a binding agreement between you and Stir Communications Group Inc. If you do not agree to these terms, do not use this Site.
1. Use of Site:
Stir Communications Group Inc provides various materials, information, quizzes, tests, questions, videos, articles, news and other information on this and related sites and in adventures, challenges and events offered through this site (the “Materials”). Stir Communications Group Inc authorizes each User to view and download one copy of the Materials. Materials may be downloaded and a maximum of one copy of the Materials may be printed provided that Users make no modifications to the Materials and you retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials. Users may not modify the Materials at this Site in any way or reproduce, share or distribute them. Users will keep all Materials confidential, and will not sell, auction, loan, rent, give away, describe, summarize, or otherwise reveal the Materials or their contents, to any other person or entity. Any breach of these Terms of Use automatically terminates your authorized use of the Site.
2. Prices and Payments:
Use of the Site and Materials will be made available to you once payment has been authorized and the experience or monthly membership session has commenced. Stir Communications Group Inc has no obligation to provide any Materials or services of any kind unless, and until, you make the authorized payment online. At any time prior to receiving payment, Stir Communications Group Inc may refuse to provide any Materials without giving any reason. The fee for use of the Materials is calculated and payable in advance of the experience. Your credit card details are not handled by Stir Communications Group Inc. All payment and all credit card handling is provided through the third party, Stripe, Inc. We do not store any credit card information. User’s authority for payment must be given at the time of placing your order. Immediately upon purchase, a confirmation email will be sent to the user acknowledging payment for the Materials. Users will be required to create a password for logging into the website and accessing the Materials. In the event that Stir Communications Group Inc withdraws or is permanently unable to deliver Materials, a partial refund will be given covering the portion of the experience that remains undelivered. There are no refunds on passes, experiences, challenges, or memberships.
3. Geographic location:
If you, as a User, purchase Materials or a membership from this Site or Stir Communications Group Inc it is assumed you will use the materials in the country of purchase and will be charged indirect taxes (e.g. VAT/GST/sales tax), as appropriate, in the county. If you chose to use the materials in other countries you, as the User, will be responsible for the payment of the appropriate taxes in that other country.
4. Trademark and Copyright:
Stir Communications Group Inc, Chill and Thrill and certain other brands, trademarks, and service marks are marks of Stir Communications Group Inc and its affiliates. The Materials on this Site are copyrighted, and any unauthorized use of any Materials on this Site may violate copyright, trademark, and other laws.
5. Hyperlinks:
Links to external websites are provided solely as a convenience to you. Stir Communications Group Inc has not reviewed all of these external websites, does not control and is not responsible for any of these sites or their content. If you decide to access any of the external websites linked to this Site, you do so entirely at your own risk.
6. No Warranty:
The Materials provided at this site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Stir Communications Group Inc further does not warrant the accuracy and completeness of the Materials at this Site. Stir Communications Group Inc may make changes to the Materials at this Site, or to the services and prices described in them, at any time without notice. The Materials at this Site may be out of date, and Stir Communications Group Inc makes no commitment to update the Materials at this Site.
7. Limitation of Liability:
In no event will Stir Communications Group Inc, its suppliers, or other third parties mentioned at this Site be liable for any damages whatsoever (including, without limitation, those resulting from interruption of services or inaccurate information, or consequential damages) arising out of the use, inability to use, or the results of the use of this Site, any websites liked to this Site, or the Materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. In any event, User’s damages shall be limited to reimbursement of any payment for use of the Materials or Site within the last 30 days. If your use of the Materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.
9. Applicable Law
The Terms of Use are governed by the laws of the province of British Columbia, Canada. Failure to enforce strict performance of the Terms of Use of Use shall not be construed as a waiver of any provision or right. Stir Communications Group Inc. may assign its rights and duties under the Terms of Use without notice to any party at any time. User acknowledges that it has read the Terms of Use, understands it, and agrees to be bound by its terms. User further agrees that the Terms of Use are the complete and exclusive statement of the agreement between the parties, and that it supersedes all oral or written proposals and all other communications between the parties relating to the subject matter of the Terms of Use, and may only be amended by a writing signed by both parties.
10. Effective Date and Updates:
The Terms are effective as of March 19, 2021 and are subject to change without notice by Stir Communications Group Inc at any time. Please check for changes regularly. Your use of this Site after such changes constitutes your agreement to such changes.