Bring the Printed and Signed Document to Pillage the Village
Pickering Village Pillage the Village Treasure Hunt 2010
PARTICIPATION, LIABILITY AND PUBLICITY RELEASE AND WAIVER
READ CAREFULLY BEFORE SIGNING
I, ____________________________ of _______________, being either the participant, or the parent / guardian of _______________________________ of ________________, who is under the age of 18, agree to the following:
1. I have read, understood and will comply in all respects with the Official Rules of the Pickering Village Pillage the Village Treasure Hunt 2010 (PV PtV TH).
2. I understand that PV PTV TH is a partially athletic event, and that I must be physically fit enough to participate. I understand my physical limitations and be sufficiently self‐aware in order to compete with injury or illness. I understand that there are no water, food or aid stations on the course.
3. I acknowledge that I am at least 18 years of age and competent to sign this waiver, whether or not I am representing a participant as the parent / guardian of said participant of less than 18 years of age.
4. I acknowledge that I will obey all traffic laws, provincial and local laws and regulations. I further understand and agree to hold harmless Pickering Village BIA, PV PTV TH organizers, and the Town of Ajax for violations, infractions or accidents occurred during the event regardless of fault. In the event that Pickering Village BIA, PV PTV TH organizers, Town of Ajax or any of their representatives, officers, agents, employees and sponsors are sued by reason of my negligence or contributory negligence during my participation in the PV PTV TH, I will indemnify them completely for all loss, expenses and costs, including legal costs, incurred by them as a result of any such action.
5. I understand that PV PTV TH and Pickering Village BIA are not responsible should the terms of a particular portion of the event be offensive to my particular morals, practices or beliefs. I understand that failure to participate in said portion of the event may result in the sole discretion of PV PTV TH and Pickering Village BIA in my or my team’s disqualification from the PV PTV TH, or penalization of points, or being required to complete an alternate task.
6. I acknowledge that during the PV PTV TH, I must obey all applicable laws and regulations, and the directions of PV PTV TH officials and of local authorities.
7. I understand that there is no set course for the PV PTV TH, and that any street on the PV PTV TH may be open to regular vehicular traffic.
8. I understand that the PV PTV TH officials reserve the right to disqualify a team, or to cancel, suspend, amend or terminate that PV PTV TH at any time, at their sole and absolute discretion, if any factor interferes with the ability of the participants to safely complete the PV PTV TH as contemplated by these official rules. I understand that in the event that I am disqualified or am otherwise unable to complete the PV PTV TH, I will not be entitled to a refund of my entry fee.
9. In consideration of being permitted to participate in the PV PTV TH, intending to be legally bound, I do hereby, for myself and my heirs, executors and administrators:
a) waive, release and forever discharge any and all rights or claims for damages which may have or which hereafter accrue to me against any all persons, organizations and legal entities affiliated with the PV PTV TH, including the employees, officers and directors of Pickering Village BIA and the Town of Ajax, individually and as a whole, together with their representatives, officers, agents, employees, successors, assigns and sponsors, for any and all damages which may be sustained or suffered by me in conjunction with my entry in, and/or arising out of my travel to, participation in, or returning from the PV PTV TH.
b) agree that Pickering Village BIA may film, record and use all aspects of my participation in the PV PTV TH, including my voice, actions, likeness, name, appearance, biographical material, and any information contained in my application to be a contestant in the PV PTV TH or in any materials submitted by me in connection with my application in any and all media now known or hereafter devised worldwide, which include but is not necessarily limited to the following: (a) any interviews with Pickering Village BIA or its employees, agents, contractors, licensees or assigns; (b) any photos shoots; (c) any behind‐the‐scenes or candid incidents where I am intentionally or incidentally filmed and recorded or photographed; (d) any discussions with other participants or any other parties; (e) any discussions by any parties regarding my performance in the PV PTV TH whether such discussions are made in my presence or not an whether such discussions reflect positively or negatively on me or my performance in the PV PTV TH; (f) any material or information that I have provided in the course of my performance during PV PTV TH; and (g) any other incident related to my performance in the PV PTV TH.
c) agree that Pickering Village BIA will exclusively own all right, title and interest in and to the video that I have provided in connection with the PV PTV TH (the Materials) including, without limitation, the right to edit, alter or modify the material provided and to use all or part of the material in any and all media now known or hereafter devised worldwide in perpetuity.
d) agree that Pickering Village BIA may use my performance in PV PTV TH and the materials provided in connection with any promotion, publicity, marketing or advertisement for the PV PTV TH. I unconditionally and forever release Pickering Village BIA and its officials, directors, successors, assigns, licensees and agents from any and all liability arising out of its use of my performance during PV PTV TH, the Materials or any part thereof, I agree not to make any claim against any of the foregoing parties as a result of the use of my performance and/or materials during PV PTV TH (including, without limitation, any claim that such use invades any right to privacy and/or publicity).
e) agree that Pickering Village BIA may in its sole discretion edit, alter, dub or otherwise add to my performance during PV PTV TH, the Materials or any portion thereof. I further waive all moral rights that I may have in the PV PTV TH in favour of its successors, licensees and assigns.
f) agree that Pickering Village BIA shall not be obliged to use my performance during PV PTV TH, the Materials, or any portion thereof, or provide credit to my in the PV PTV TH or elsewhere or to pay me any fee, royalty, residual or other consideration for the use of my performance during the PV PTV TH and/or the Materials as described in this Agreement.
g) ASSUME FULL RESPONSIBILITY AND ALL LIABILITY for my actions or omissions and any loss, injury, damage to any persons or property which results from my actions or omissions, whether negligent or otherwise, in connection with my participation in the PV PTV TH.
h) ASSUME FULL RESPONSIBILITY FOR ANY RISK OR BODILY INJURY, DEATH OR PROPERTY DAMAGE, arising out of or related to the PV PTV TH whether caused by the NEGLIGENCE OF Pickering Village BIA or otherwise.
i) Acknowledge that the ACTIVITIES OF THE PV PTV TH MAY BE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage, and that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF Pickering Village BIA.
10. I accept full responsibility for any item or device loaned to me or my team for the purposes of the PV PTV TH, and commit to return same in working order.
11. Any and all references in this Participant Release and Waiver to Pickering Village BIA shall be deemed to include any and all of Pickering Village BIA’s affiliates, subsidiaries, related entities, licensees, employees, successors, agents, sponsors and assigns.
12. I agree that my sole remedy for a breach by Pickering Village BIA of this Agreement shall be an action at law for damages. In no event shall I seek or be entitled to rescind or terminate this Agreement, injunctive of other equitable relief or be entitled to restrain or enjoin the development, production or exploitation of the PV PTV TH anywhere in the world.
13. This is the entire Agreement between me and Pickering Village BIA and this Agreement may not be modified or changed unless both parties agree to the contrary in an agreement signed by both parties. Section numbers and headings in this Agreement are for convenience only and shall affect the interpretation or construction of the Agreement. The preamble to the Agreement shall form part of this Agreement and be deemed incorporated by this reference.
14. The terms of the Agreement shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws and it is agreed that I will submit to the exclusive jurisdiction of the courts of the Province of Ontario.
15. I acknowledge that this Participation Release and Waiver, when completed, must be submitted prior to my participation in the PV PTV TH.
I HAVE READ THIS PARTICIPATION, LIABILITY AND PUBLICITY RELEASE AND WAIVER, FULLY UNDERSTANDING ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND
VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS, OR ASSURANCE OR GUARANTEE BEING MADE TO ME. I INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
Signed this ___________day of ___________________ 2010.
Name:_______________________________________
Signature: ____________________________________
Pickering Village, Ajax, ON.
© Pickering
Village BIA - Website is created, hosted & maintained by
