Waiver

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RELEASE OF LIABILITY

READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS

In exchange for participation of The Color Within – 5K Run organized by The Bea Fisher Foundation of Lloydminster, Alberta and/or use of the property facilities and services of The City of Lloydminster’s Bud Miller Park, I agree for myself and (if applicable) for the members of my family to the following:

1. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or direction given by the employees, representatives or agents of The Bea Fisher Foundation.

2. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge The Bea Fisher Foundation for injury, loss or damage arising out of my or my family’s use of or presence upon the facilities of The City of Lloydminster, whether caused by the fault of myself, my family, or other third parties.

3. I agree to indemnify and defend The Bea Fisher Foundation against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from me or my family’s use of or presence upon the facilities of The City of Lloydminster.

4. I agree to pay for all damages to the facilities of The City of Lloydminster caused by me or my family’s negligent, reckless, or willful action.

5. Any legal or equitable claim that may arise from participation in the above shall be resolved under civic/provincial/federal law.

6. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that The Bea Fisher Foundation has offered to refund any fees I have paid to use the facilities if I choose not to sign this Agreement.

7. This Agreement and each of its terms are the product of an arms’ length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.

8. The invalidity or unenforceability of any provision of the Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provisions, as the case may be, and such invalid or enforceable provision shall be deemed not to be a part of this Agreement.

9. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the Alberta Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

10. I agree to grant to The Bea Fisher Foundation and its authorized representatives permission to record on photography film and/or video, pictures of my participation. I further agree that any or all of the material photographed may be used, in any form, as part of any future publication, brochures, or other printed materials used to promote The Bea Fisher Foundation, and further that such use shall be without payment of fees, royalties, special credit or other compensation.

I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.

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