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RELEASE AND WAIVER OF LIABILITY
IMPORTANT: THIS IS A BINDING LEGAL AGREEMENT; PLEASE READ IT CAREFULLY IT BEFORE AGREEING TO AND ACCEPTING THESE TERMS.
In order to participate in the Manitoba Marathon, Half Marathon, Relay, 10km, Super Run, or any other race event (each, an "Event"), you must accept and agree to the terms below, which is a Release and Waiver of Liability (the "Release") in favour of the Manitoba Marathon Foundation (the "Foundation"); the City of Winnipeg; and the Province of Manitoba; and each and every director, officer, employee, affiliate, agent, delegate, representative, contractor, supplier, volunteer, sponsor, and provider of medical services of these persons with respect to their involvement with the Events in any way (collectively, all such parties are the "Released Parties"), and by doing so, in consideration of you being accepted to participate in the Manitoba Marathon, and for other good and valuable consideration (the sufficiency of which is acknowledged), you agree as follows:
RULES, COURSE CLOSE POLICY AND DIRECTIONS: I agree to comply with, and to cause the Participant to comply with, all rules, regulations, and instructions of the Manitoba Marathon Foundation, and of officials, volunteers, and race marshals with the Event. I agree and acknowledge that the Manitoba Marathon course officially closes at a pace of 14 minutes per mile. A well-marked Course Closing Vehicle will signal the closing of the course and the re-opening of the roadway. Participants must be aware and recognize that the Course Closing Vehicle is also the signal for volunteers to close down Hospitality Stations and Medical Stations. Participants who have not reached Pembina and Harrow by 11:35 am or Pembina and Crescent Drive – Mile 24 by 12:45 pm, WILL BE REQUIRED to exit the course via the complimentary shuttle bus provided and will be welcomed to the stadium area for rest and refreshments, but will not receive an official time. All participants must be finished no later than 1pm.
ASSUMPTION OF RISK: I recognize and understand that participating in any Event may include risks that could be hazardous to me, and may put me at risk of serious injury or illness, including death or other losses. I acknowledge that risks and dangers and losses may arise from any number of circumstances, including but not limited to those caused by terrain, weather conditions, equipment, facilities, vehicle traffic, other participants in any Event, failure to follow safety procedures, diagnosed or undiagnosed health conditions, and the actions of other people, including spectators, transportation to or from or associated with the Event, or cancellation or postponement of the Event. I acknowledge that participating in any Event requires proper physical training, and that I am solely responsible for ensuring that I am in good health and physically capable of participating in an Event. I expressly and specifically assume the risk of injury or harm in any Event. I further confirm and agree that this Release will apply to any Event in which I participate.
RELEASE AND WAIVER: To the fullest extent permitted by law, I forever release, waive, covenant not to sue, exonerate, discharge, and agree to hold harmless the Released Parties from any and all liability, claims, demands, actions, complaints, debts and causes of action whatsoever that I may have against any Released Party with respect to any injury, illness, death, property damage, travel or cancellation expenses, or any other loss that may result, directly or indirectly, from my participation in any Event, or in relation to any Event, in any way (a “Loss”). I specifically understand and agree that this Release forever discharges the Released Parties from any liability or claim that I may have against any Released Party with respect to any Loss that may result in any way in relation to any Event, whether caused by the negligence of any Released Party or otherwise. I further understand and confirm that the Released Parties do not assume any responsibility or obligation to provide financial or other assistance, including, but not limited to, medical, health, or disability insurance, in the event of any Loss suffered by me.
MEDICAL TREATMENT: If I am unable to consent at the time due to injury or illness, I consent to the administration of first aid and other emergency medical treatment for such injury or illness that occurs during any of my participation in any Event. Further, I release and forever discharge the Released Parties from any claim whatsoever which arises or may hereafter arise on account of any first-aid treatment or other medical services rendered as contemplated hereunder. I acknowledge that any treatment will be performed in Manitoba.
PRIVACY AND DISCLOSURE: I agree that all photographs, video, and images, taken by any employee, director, representative, contractor, volunteer, Charity Partner or agent of the Foundation, in any media, are the property of the Foundation and may be used in any way without remuneration to or the permission of the person in the image, including for publicity and advertising.
GOVERNING LAW AND JURISDICTION: I agree that any and all disputes arising in relation to any Event or any Loss or this Release shall be governed by and construed in accordance with the applicable laws of Canada and the Province of Manitoba. I agree that any legal proceedings commenced by me or on my behalf will only be done in Manitoba. I agree that any medical or healthcare treatment will be provided in the province of Manitoba and that the courts of Manitoba shall have exclusive jurisdiction to hear any complaint, demand, claim, proceeding or cause of action, whatsoever arising from or in connection with that medical or healthcare treatment or from any other aspect of the relationship between myself and the Manitoba Marathon Foundation.
OTHER: I expressly agree that this Release is intended to be as broad and inclusive as permitted by the laws of Manitoba. I agree that if any part of this Release is held to be invalid or illegal or unenforceable for any reason, such invalidity shall not affect the remaining provisions of this Release, which shall continue to be enforceable.
I agree that this Release may be pleaded or relied upon by any Released Party as a full and complete defence and as the basis for an injunction or other application staying any claim made by me.
I further agree that this Release shall bind my successors, spouses, children, family, assigns, heirs, administrators, and executors forever.
PARENT/GUARDIAN AUTHORIZATION FOR PARTICIPANTS UNDER 18
I am the parent or legal guardian of the participant named above (the “Participant”).
AUTHORITY: I personally represent and warrant that I am duly authorized to agree to this Release on behalf of the Participant and on behalf of all parents and guardians of the Participant.
RELEASE AND WAIVER: I have read the Release and Waiver signed by the Participant (the “Release”), a copy of which is attached to this Letter of Authorization, and confirm that I hereby agree to and provide the Release for and on behalf of the Participant, and for and on behalf of myself and all parents and guardians of the Participant, and agree to all of the provisions and terms of the Release, which are hereby adopted under and form part of this Letter of Authorization, and the defined terms of which are used in this Letter of Authorization. I further acknowledge and confirm that I recognize, understand, and accept without reservation or qualification all of the risks to the Participant named above associated with completing the Event.
INDEMNITIES: I agree that if the Participant, directly or indirectly, personally or as commenced by an insurer or the government, in his or her own name, or otherwise, commences, maintains, continues, assigns, or participates in a proceeding or action against a Released Party related in any way to a Loss, then I will defend, indemnify, and save harmless the respective Released Party or Parties from and against any and all resulting liabilities, obligations, costs, expenses, and disbursements (including full legal fees and disbursements on a solicitor-and-own-client basis).
FITNESS: I affirm that the Participant is sufficiently trained and healthy and has the ability to complete the Event. The Participant has no physical or health issues that could prevent their participation in the Event, or that could cause danger or risk to their health as a result of such participation. I confirm that the Participant’s health has been regularly checked by a qualified physician, and that my statements in this document are based on the physician’s confirmation of the Participant’s good health.
MONITORING:I confirm and guarantee that I or another responsible person who has reached the age of majority will provide reasonable and appropriate monitoring of the Participant during the Event, and, having a view to their age and the specific Event in which they will participate, will remove them from the Event, if necessary, if their health or safety is at risk for any reason. I acknowledge and agree that the Foundation shall have no responsibility to provide such monitoring of the Participant and that the Foundation shall have no obligation to the Participant over and above any obligations of the Foundation to all of the participants in the Event generally.