Terms and Conditions
This information has been independently researched, written and reviewed by the Heart and Stroke Foundation and is based on scientific evidence. The information is for reference and education only. The Heart and Stroke Foundation assumes no responsibility or liability arising from any error in or omission of information or from the use of any information or advice contained within this website.
The Heart and Stroke Foundation website and its content are for informational purposes only and are not intended to be considered or relied upon as medical advice or a substitute for medical advice, a medical diagnosis or treatment from a physician or qualified healthcare professional. You are responsible for obtaining appropriate medical advice from a physician or other qualified healthcare professional prior to acting upon any information available at or through the Heart and Stroke Foundation’s website(s).
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY POLICY OF THE HEART AND STROKE FOUNDATION
The Heart and Stroke Foundation REQUIRES ALL PARTICIPANTS TO AGREE TO AND ABIDE BY THE TERMS AND CONDITIONS set forth in this Release and Waiver of Liability, Assumption of Risk and Indemnity Policy (the “Waiver and Release Policy”). By clicking ‘I Agree’, the Participant acknowledges and freely accepts the terms and conditions set forth herein.
ALL PARTICIPATES, their personal representatives, assigns, heirs and next of kin:
- ACKNOWLEDGE, AGREE and REPRESENT that they UNDERSTAND the nature of the event and risks associated with participation in or attendance at the event, including the risk of injury, whether serious or not and possibly death and WARRANT that the Participant is in good health and proper physical fitness to enable participation, including any activities associated with the event and at anytime the Participant believes that any conditions or equipment used during the event is unsafe, or he/she is incapable of continuing, the Participant will immediately discontinue further participation in the event or activity, or if requested by any representative of the Releasees (named below) or by any medical personnel to discontinue participation;
- HEREBY ACCEPT and ASSUME ALL RISKS, KNOWN AND UNKNOWN, AND ASSUME ALL RESPONSIBILITY FOR ANY LOSSES, COSTS, AND/OR DAMAGES FOR ANY INJURY SUFFERED BY THE PARTICIPANT OR TO THE PARTICIPANT’S PROPERTY BY ANY MEANS AND HOWSOEVER CAUSED EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE “RELEASEES” NAMED BELOW, WHILE PARTICIPATING IN THE EVENT OR ACTIVITIES ASSOCIATED WITH THE EVENT, WHETHER A SPECTATOR, COMPETITOR OR OTHERWISE;
- ACKNOWLEDGE and AGREE that the Participant’s safety and the safety of any minor (under the age of 16) under my care REMAINS MY SOLE RESPONSIBILITY and WARRANT that THE PARTICIPANT WILL NOT LEAVE A MINOR UNDER THE PARTICIPANT’S CARE UNATTENDED AT ANYTIME;
- ACKNOWLEDGE, AGREE and WARRANT that THE PARTICIPANT or any minor under the Participant’s care will use appropriate and proper safety equipment during the event and only use equipment that is mechanically fit for its intended purpose and within approved Canadian Government standards;
- HEREBY RELEASE, FOREVER DISCHARGE, AND COVENANT NOT TO SUE THE HEART AND STROKE FOUNDATION, any municipality, sponsoring organization, or suppliers or their respective administration, directors, agents, officers, officials volunteer, and employees, OR other participants in, any sponsors or advertisers of, or, if applicable, any owners or lessors of premises on which the event or any of the activities related to the event takes place, (each considered one of the “RELEASEES” in this Agreement) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES OR DAMAGES ON MY ACCOUNT IN RELATION TO THE PARTICIPANT ATTENDANCE AT THE EVENT WHETHER AS A PARTICIPANT, SPECTATOR, COMPETITOR OR OTHERWISE AND WHETHER PRIOR TO, DURING OR SUBSEQUENT TO THE EVENT, WHICH IS CAUSED OR ALLEGED TO BE CAUSED IN ANYWAY IN WHOLE OR IN PART, BY THE RELEASEES, INCLUDING ANY NEGLIGENCE ON THE PART OF THE RELEASEES OR OTHERWISE;
- FURTHER AGREE that if, despite this WAIVER AND RELEASE POLICY the Participant or anyone on the Participant’s behalf, makes a claim against any of the Releasees, WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage or cost which any of the Releasees may incur as the result of such claim;
- ACKNOWLEDGE THAT THE PARTICIPANT HAS BEEN INFORMED OF HIS/HER RIGHT TO OBTAIN INDEPENDENT LEGAL ADVICE as the Participant is GIVING UP IMPORTANT LEGAL RIGHTS as a result of accepting the terms and conditions of the Waiver and Release Policy and in exchange for participation in the Event. The Participant FURTHER ACKNOWLEDGES that by clicking ‘I Agree’ he/she has either obtained that legal advice or has WAIVED the right to obtain such legal advice and proceed fully understanding that the Participant is giving up the legal right to sue, even in the event of negligence on the part of the Releasees listed above;
- ACKNOWLEDGE THAT THE PARTICIPANT HAS READ THIS WAIVER AND RELEASE POLICY, FULLY UNDERSTAND ITS TERMS AND CONDITIONS, UNDERSTAND THAT THE PARTICIPANT HAS GIVEN UP SUBSTANTIAL RIGHTS BY ACCEPTING THE TERMS OF THIS WAIVER AND RELEASE POLICY, ACCEPTING IT FREELY AND WITHOUT ANY INFLUENCE, INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
- CONSENT, to the use of the Participant’s name, likeness and/or voice or that of any minor under the Participant’s care, in any media, without compensation, in any future publicity carried out by the Heart and Stroke Foundation.