Release Agreement
Effective from:
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, COVENANT NOT TO SUE, AND INDEMNITY AGREEMENT
(hereinafter referred to as the "Release Agreement")
BY AGREEING TO THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN INJURY. PLEASE READ CAREFULLY.
DEFINITION
In this Release Agreement: the term "Activities” shall mean any and all activities in which I participate in any way, through my use of SPORTAMII’s website or mobile app (the “Platform”) whether or not provided by or arranged by the Releasees, including, but not limited to: Badminton, Backcountry Touring, Beach Volleyball, Basketball, Bikepacking, Bouldering, Cold Dipping, Camping, Dance, Disc Golf, Dog Walking, Fishing, Football, Golf, Gravel Biking, Kayaking, Kitesurfing, Hiking, Horse Riding, Mountain Biking, Martial Arts, Nordic Skiing, Paragliding, Pickleball, Pilates, Road Cycling, Rock Climbing, Running, Rugby, Sailing, Scuba Diving, Skateboarding, Skiing, Snowboarding, Snowshoeing, Spikeball, Squash, Surfing, Stand-Up Paddleboarding (SUP), Swimming, Tennis, Trail Running, Triathlon Training, Walking, Weight Training, Yoga, and any other recreational, sporting, fitness, outdoor, physical or athletic activities, whether participated in individually or with other SPORTAMii users.
ASSUMPTION OF RISKS
I am aware that my participation in the Activities may involve many inherent risks, dangers and hazards, and I am physically, emotionally and mentally able to participate in the Activities and I am doing so voluntarily and willingly.
I AM AWARE OF ALL RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH THE ACTIVITIES, WHETHER KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE, INCLUDING BUT NOT LIMITED TO, DEATH, INJURY OR DAMAGE TO ME OR MY PROPERTY, OR TO OTHERS OR THEIR PROPERTY RESULTING THEREFORM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, COVENANT NOT TO SUE, AND INDEMNITY AGREEMENT
In consideration of SPORTAMII agreeing to my use of the Platform, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
- TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have (including any claim for contribution and/or indemnity) against the RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or incur or that my next of kin may suffer or incur, as a result of my participation in the Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ACTIVITIES;
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all loss, damage, and liability to any third party whatsoever including but not limited to property damage, loss and personal injury directly or indirectly resulting from or related to my participation in the Activities;
- Separately and independently of the waiver and indemnity provided herein, I COVENANT NOT TO SUE the Releasees, or any of them, for any claim waived under this Release Agreement, and I further agree to indemnify the Releasees for any cost or expense, including legal costs (assessed on a solicitor and client basis), incurred in enforcing this Release Agreement;
- This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives;
- I acknowledge that this Release Agreement is intended for the benefit of not solely SPORTAMII but also all other Releasees, as defined above, and I agree that this Release Agreement is enforceable against me (and my heirs, next of kin, executors, administrators, assigns and representatives) by any such Releasees as third party beneficiaries under this Release Agreement;
- This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the province of British Columbia and no other jurisdiction and I agree to attorn solely to the jurisdiction of the Courts of the Province of British Columbia. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.
Age Requirement
By accepting this Waiver and using SPORTAMii, you confirm and represent that you are 18 years of age or older. SPORTAMii is intended solely for adults aged 18 and over. You must not use SPORTAMii if you are under 18 years of age.
In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in the Activities, other than what is set forth in this Release Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO ACCEPTING IT, AND I AM AWARE THAT BY AGREEING TO THIS RELEASE AGREEMENT I AM WAIVING ALL LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES IN CONNECTION WITH THE ACTIVITIES.
Contact Information
If you have questions about this Release Agreement, contact:
1573171 B.C. LTD. DBA SPORTAMii 720-999 West Broadway Vancouver, BC V5Z 1K5 Email: support@sportamii.com