(the "Activity") provided by Arboriculture Canada Training & Education Ltd. (the "Company"). As lawful consideration for being permitted by the Company to engage in the Activity/the intangible value that I will gain by participating in the Activity, the sufficiency of which is acknowledge, I agree to all the terms and conditions set forth in this waiver agreement (this "Agreement").
1. The Company has provided me sufficient information with respect to the Activity and I understand and acknowledge the potential risks. I am aware and understand that the Activity is a potentially dangerous activity, due to the skills being taught. I am aware that participation in this Activity involves the risk of serious injury, disability, death, or property damage.
2. I further acknowledge that participation in the Activity is a group activity which has an increased risk of exposure to communicable disease.
3. I understand that I am agreeing to participate and engage in the Activity, which may result in serious illness, personal injury, disability, death, or property damage. I understand and acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of Company, employees, their contractors, or agents, or others, including negligent emergency response or rescue operations of the Company.
4. I acknowledge that I am voluntarily participating in the activity with knowledge of the dangers and risks involved.
5. I acknowledge that I am over the age of majority in the province in which the Activity is being held, and am entering the training, workshop and/or seminar of my own free will, notwithstanding it may be a requirement or condition of my current employment.
6. I acknowledge that if at any time I want to cease participation or withdraw my consent for participation in the Activity, I must communicate that to the Activity instructor as agent for the Company. I understand my non performance of any aspect of the Activity, may impact my certification, and that determination will be made by the Company in consultation with myself and the instructor.
7. I acknowledge that the Company requires certain personal protective equipment, including, but not limited to, steel toe or composite approved work boots. I acknowledge and agree it is my responsibility to wear the appropriate personal protective equipment, and any injury resulting from my failure to do so, is not the fault of the Company.
8. I acknowledge and agree, that only to the extent of the terms, conditions and limits of insurance coverage in force and held by the Company, the Company agrees to indemnify and hold myself harmless from and against all claims, liabilities, losses, damages, costs, expenses and causes of action relating to personal injury (including death) to persons or loss of or damage to property caused by negligence or willful misconduct on the part of the Company, its contractors, officers, agents or employees.
9. Except as provided for herein, I hereby expressly waive and release any and all claims which I have or may in the future have against the Company, its affiliates, and their respective directors, officers, employees, agents, contractors, representatives, shareholders, successors, and assigns (collectively, "Releasees"), on account of injury, death, or property damage arising out of or attributable to my participation in the Activities, due to any cause whatsoever, including without limitation the negligence of the Company or any other Releasee, breach of contract, or breach of any statutory or other duty of care or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.
10. For certainty, both parties agree and acknowledge no responsibility or liability whatsoever to each other, nor to any related party, for any and all liability arising out of the transmission of communicative diseases.
11. This Agreement constitutes the entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
12. This Agreement is binding on and shall enure to the benefit of me and my heirs and next-of-kin, and the Company and its successors and assigns.
13. This Agreement has been provided to me in advance of participation in the Activity, either by the Company or by my employer, and I have had sufficient opportunity to obtain independent advice with respect to the terms of this Agreement.
14. This Agreement may be executed electronically and in counterpart.
