Waiver, Release of Liability, Indemnification, and Consent to Medical Attention
This Document Must be Completed, Signed during online web registration before participation in any The 4th Musketeer Canada Event.
Please carefully read, complete, and sign document. If you have questions, email, The 4th Musketeer Canada at firstname.lastname@example.org
WARNING: BY SIGNING THIS DOCUMENT, YOU ARE GIVING UP LEGAL RIGHTS INCLUDING THE RIGHT TO SUE.
This Agreement witnesses that for good and valuable consideration, including the acceptance of this Agreement by The 4th Musketeer Canada (“4th Musketeer”) for participation in any “4th Musketeer Event” (“Event”) including but not limited to Extreme Character Challenge “XCC”, Remote Character Challenge, Freedom 8848, Team Everest Challenge, Arise, Muskathlon, 4Glory and any other Event in which the 4th Musketeer is involved in, the sufficiency and receipt of which consideration are hereby acknowledged, the undersigned hereby represents, warrants and agrees to and with 4th Musketeer as follows:
1. Voluntary Participation. I understand and confirm that my participation in the Event is voluntary.
2. Identification of Risks. I understand that the Event will expose me to the very real risk of injury and loss, both to person and to property, from, among other things, fatigue, cold, hunger, thirst, physical exhaustion, inclement weather (which can be extreme and can change rapidly and without warning) and other natural hazards including rugged terrain and conditions. Hiking, climbing, camping, crossing and walking in creeks/rivers/lakes and related activities, games, food preparation, campfires, and transportation to such activities involve additional risks and dangers. Other potential risks include the remote locations that we use (i.e. mountainous terrain where natural hazards abound). During these activities, participants could become lost or separated from their guide (where provided), where rescue and communication can be difficult and medical treatment may be unavailable. I also understand that the risk of injury includes the possibility of permanent disability and death. I understand that this Waiver, Release of Liability, Indemnification, and Consent to Medical Attention is intended to address all of the risks of any kind associated with my participation in any aspect of the Event including any risks arising from the actions, inactions, negligence or gross negligence of the 4th Musketeer, its employees and agents and other participants in the Event, including owners, lessors and lessees of premises used, their respective officers, pastors, employees, agents and volunteers, and all of the heirs, successors, and assigns of any of the foregoing (collectively, the "Representatives"), including, but not limited to, risks arising out of or otherwise related to any of the following:
(a) The use and condition of various modes of transportation, premises, facilities, and equipment;
(b) The lack or inadequacy of policies, rules, or regulations for the Event;
(c) The failure of the 4th Musketeer or any Representatives to foresee or to protect me from actions, inactions, negligence or gross negligence of any person, or the recklessness, intentional, or criminal misconduct of persons other than those affiliated with the 4th Musketeer;
(d) The inadequacy or unavailability of medical facilities or treatment; or
(e) The lack or inadequacy of supervision by the 4th Musketeer or any Representatives.
3. Assumption of Risk. I assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with my participation in the Event. I accept personal responsibility for any liability, injury, loss, or damage in any way connected with my participation in the Event. I acknowledge that the risks inherent in the Event are a significant part of the reason I have made the decision to participate.
4. Release and Waiver. I agree to release and I hereby do release, the 4th Musketeer and all of the Representatives from any and all liability for, and I hereby waive any and all claims for, personal injury, death, property damage or other loss, damage, or expense, including attorneys' fees, in any way connected with my participation in the Event, whether or not caused in whole or in part by the negligence, gross negligence or other misconduct of the 4th Musketeer, any Representatives or any of the other participants in the Event (a "Claim").
5. Indemnification. I agree to indemnify the 4th Musketeer and its Representatives against, and to hold them harmless from, any Claim, or any expense, including attorneys' fees. (including the cost of defending any Claim I might make, or that might be made on my behalf, that is released or waived hereby), in any way connected with a Claim.
6. Binding Effect. This instrument shall be binding upon my relatives, personal representatives, heirs, beneficiaries, next of kin, and assigns and shall inure to the benefit of the 4th Musketeer and the Representatives.
7. Severability. If any provision (or portion of any provision) of this instrument is held to be invalid or unenforceable, that provision shall be enforceable in part to the fullest extent permitted by law, and such invalidity or unenforceability shall not otherwise affect any other provision of this instrument.
8. Applicable Law. The 4th Musketeer operates from the province of Alberta and in order to provide certainty in the law to be applied in the construction of this instrument, this instrument shall be governed, construed, and enforced in accordance with the law of the province of Alberta.
9. Marketing Release. The 4th Musketeer may record me (and every other participant on the Event) at any time during the Event on videotape, audiotape, photograph or any other form of media, and may use my name, voice, or testimonial without restriction for the future promotional purpose of the 4th Musketeer.
10. Consent to Medical Treatment. I authorize the 4th Musketeer and the Representatives, if any are present, to provide to me, through medical personnel of their choice, customary medical assistance, transportation, and emergency medical services should I require such assistance, transportation, or services as a result of injury or damage related to my participation in the Event. This consent is given in advance of any specific diagnosis, treatment, surgery or medications, and is given to provide authorization and specific consent for medical/dental treatment and care in my behalf. This consent does not impose a duty upon the 4th Musketeer or its Representatives to provide such assistance, transportation, or services, and I acknowledge that some or all of these may not be available to me prior to, during or after completion of the Event.
11. I certify I have personal and or provincial health insurance which will provide coverage for me during the duration of said Event. This coverage will insure me FULLY during the duration of said Event. If I am traveling internationally, my health insurance includes FULL coverage in the foreign countries where I will travel, with no territorial limitations. I understand that the 4th Musketeer provides no health plan or assistance and that all medical expenses are my responsibility.
This is a waiver, release of liability, indemnification, and consent. I have read this waiver, release of liability, indemnification, and consent. I understand that I have given up substantial rights by signing it. I am signing this waiver, release of liability, indemnification, and consent voluntarily.
I, for myself, and on behalf of my heirs and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS the 4th Musketeer, their heirs, employees, also insured’s, other participants, and owners, lessors and lessees of premises used, from any and all claims, demands, losses, and liability arising out of, or related to any INJURY, LOSS, DISABILITY OR DEATH I may suffer, or loss or damage to persons or property, even if ARISING FROM THE NEGLIGENCE OF the 4th Musketeer or others, to the fullest extent permitted by law.