TEACHER’S PET EDUCATIONAL SERVICES INC.
(subsequently referred to as “Tpet”)
In-School Field Trips Program
(subsequently referred as to the “Program”)
WAIVER OF LIABILITY AGREEMENT
WARNING! BY AGREEING TO THE TERMS AND CONDITIONS OF THIS WAIVER OF LIABILITY AGREEMENT YOU GIVE UP IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ CAREFULLY!
THIS DOCUMENT CONTAINS ONEROUS CLAUSES – READ THOROUGHLY AND CAREFULLY BEFORE ACCEPTING. IF YOU DO NOT UNDERSTAND IT, PLEASE SEEK ASSISTANCE PRIOR TO ACCEPTING BELOW.
IN CONSIDERATION OF being permitted to participate in the Program, I, the undersigned, for myself, my personal representatives, heirs and next of kin, acknowledge to and agree with Tpet that:
ACKNOWLEDGEMENT OF RISKS
I am aware of the dangers, risks and hazards associated with my participation in the Program. These risks include any manner of injury, illness, death or damage to property. I acknowledge and agree that I am freely and voluntarily assuming any and all dangers, risks and hazards associated with my participation in the Program and further acknowledge that I agree to do so entirely at my own risk.
WAIVER OF CLAIM
Tpet and its directors, officers, agents, contractors and employees and each of them and their respective insurers, heirs, successors, assignees, administrators and executors (collectively, the “Releasees”) are and shall not be responsible for any loss, damage, personal injury, death or property damage, however caused, arising from my participation in the Program including, without limitation, negligence on the part of the Releasees, breach of contract, occupier’s liability or any other tort or cause of action at common law, in equity or by statute.
I hereby release, indemnify and save harmless the Releasees and each of them from any and all liability, costs (including, without limitation, legal costs), claims, damages, demands, actions and causes of actions at law, by statute and/or in equity arising as a result of any loss, damage, personal injury, death, or property damage suffered as a result, directly or indirectly, of my participation in the Program.
I understand that by accepting this Waiver of Liability Agreement as indicated below, I will be forever precluded from suing or otherwise claiming against the Releasees or any of them for any loss, damage, personal injury, death or property damage that I may sustain through my participation in the Program.
TPET AS AGENT
For the purposes of this Waiver of Liability Agreement, Tpet is or shall be deemed to be acting as agent on behalf of or for the benefit of each of the other Releasees with whom Tpet is associated.
ENTIRE AGREEMENT AND SEVERABILITY
In entering into this Waiver of Liability Agreement, I am not relying upon any oral or written representations or statements made by Tpet other than what is set forth in this Waiver of Liability Agreement.
If any provision of this Waiver of Liability Agreement is held to be invalid or unenforceable, the remainder of this Waiver of Liability Agreement will not be affected, and it will in other respects continue to be effective and enforceable. If such invalidity or unenforceability is subsequently released or changed so it is not longer in conflict with the law, the provision will return to full force and effect.
SUCCESSORS AND ASSIGNS
This Waiver of Liability Agreement shall enure to the benefit of and be binding on the parties hereto and their respective successors and permitted assigns.
I acknowledge this Waiver of Liability Agreement shall be governed by the laws in force in the Province of Alberta.
I HAVE READ AND UNDERSTOOD THIS WAIVER OF LIABILITY AGREEMENT and agree and consent to all terms and conditions set out therein. I am aware that by accepting this Waiver of Liability Agreement below that I am WAIVING CERTAIN LEGAL RIGHTS which I or my heirs, next of kin, executors, administrators and assigns may have against the Releasees.