RELEASE, WAIVER, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
I hereby RELEASE each of Hiram Walker & Sons Limited (“HWSL”) and its related entities and each of their respective directors, officers, employees and agents (the “Releasees”) from, and WAIVE as against the Releasees, all claims, actions, demands, suits, liabilities, losses, expenses, costs or damages (“Claims”) of any kind whatsoever, in respect of all personal injuries and/or property losses that I may suffer arising out of or in connection with my preparation for, attendance at, participation in and/or travel to, from or during the tour of HWSL’s facility (the “Tour”), even if such injuries are caused solely or partly by the negligence of the Releasees.
I am physically and otherwise able to participate fully in the Tour, and in any activities at the Tour in which I may choose to participate. I will not participate in any activity for which I am not physically or otherwise fit. I understand that the Tour could involve activities that may be dangerous and that may expose me to risks (both foreseen and unforeseen) of personal injury and/or property loss, including both inherent risks (including without limitation multiple flights of stairs, hot temperatures, humid atmospheres, exposure to carbon dioxide, and proximity to hot surfaces) and those that result from human error and negligence on the part of other participants and/or persons involved in planning, preparing, organizing and conducting the Tour. I freely and voluntarily ASSUME THESE RISKS.
I further hereby INDEMNIFY and hold the Releasees harmless from and against any Claims of every nature and kind whatsoever relating to my participation in the Tour, including but not limited to Claims made by any person regarding any act, omission or misconduct on my part, including but not limited to Claims for bodily injury, death or property damage, whether sustained by me, or caused by me.
I understand that:
a) the Releasees do not assume any responsibility for my safety or the security of my property during my preparation for, attendance at, participation in and/or travel to, from, or during the Tour (including any individual activity at the Tour) and it is my responsibility to protect my own safety and my property at all times;
(b) I am responsible for the expenses of all activities and items not expressly being supplied to me as part of the Tour;
(c) it is my responsibility to comply with all local laws and regulations at all times, and I bear sole liability and expense for any failure to do so;
(d) I consent to being photographed and/or filmed during the Tour and agree that HWSL and its affiliates shall have the right in perpetuity to use any images containing my name, voice, image or likeness in their company or advertising materials without any compensation to me, and further that I assign (or waive, where assignment is not permitted under law) all intellectual property rights in such materials to HWSL;
(e) I can be removed from the Tour at any time, if any of the Releasees determine that I pose a safety risk or have behaved in a manner that is unacceptable to them in their sole discretion;
(f) I agree to abide by all safety standards communicated to me by any of the Releasees, and I bear sole liability and expense for any failure to do so;
(g) I understand that I will be under video surveillance on HWSL’s premises for security purposes and that the designated contact for any inquiries related to HWSL’s use of video surveillance is Marc Valencia, Chief Privacy Officer, 225 King Street West, Suite 1100, Toronto, Ontario M5V 3M2, (416) 479-2404, and
(h) by purchasing the ticket(s) to the Tour, I affirm that I have fully understood and agree to the terms of this Release, Waiver, Assumption of Risk and Indemnity Agreement.
I have been given the opportunity and have had the opportunity to seek independent legal advice before agreeing to this Release, Waiver, Assumption of Risk and Indemnity Agreement, and I have obtained such advice or voluntarily chosen not to do so.
I have carefully read and fully understand, and I am freely and voluntarily agreeing to, this Release, Waiver, Assumption of Risk and Indemnity Agreement, which is binding on me, my heirs and my executors, administrators, personal representatives, transferees, successors and assigns.
THIS RELEASE SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN UNDER THE EXCLUSIVE JURISDICTION OF COURTS OF SAID PROVINCE.