RELEASE OF LIABILITY
(“Release”)
BY SIGNING THIS RELEASE YOU WAIVE LEGAL
RIGHTS, INCLUDING THE RIGHT TO SUE
OR CLAIM COMPENSATION
PLEASE READ CAREFULLY
TO: COMMUNITY ENERGY ASSOCIATION and its directors, officers, agents, representatives, employees, volunteers, independent contractors, subcontractors, sponsors, successors, assigns and collaborators (collectively, “CEA”):
DEFINITIONS
In this Release:
a. “Activities” include all activities and services provided, sponsored or organized by CEA or otherwise engaged or undertaken in a Private Home by the Homeowner, CEA, the Tourer, or other persons participating in the Program, including without limitation travel to and from the Private Home, travel or movement from the Tourer’s vehicle or from public transit to the Private Home, movement within the Private Home, travel up or down stairs, movement within a yard or on any infrastructure or improvements therein, contact with any personal property whether affixed or not affixed within the Private Home or yard, or any other activity occurring on, within, under, over or nearby or proximate to the Private Home or any yard surrounding the same.
b. “Homeowner” means any homeowners, tenants or other occupants of the Private Home named below.
c. “Private Home” means homes owned by various persons willing to permit persons to visit the same in order to observe the energy updates made therein as part of the Program.
d. “Program” means CEA’s Climate Friendly Homes Tour program in collaboration with various local municipalities whereby Homeowners allow Tourers to enter their Private Home to view the energy upgrades therein.
e. “Risks” any and all possible harmful results or events occurring as a result of, caused by or in any way relating to the Private Home, or anything within the Private Home, the Homeowner, the Tourer or CEA in any way related to the Program, or the Program itself or any component thereof, including without limitation any such results or events that are, or are caused by, arise from or are in any way related to, any person’s illness, injury or death, or any other harm to a person, howsoever caused and whomsoever caused by or arising in relation to, any loss, theft, damage or other harm to real or personal property whomsoever owns the same and howsoever caused, including any such personal or property death, damage, injury or other harm, as applicable, arising from, caused by or in any way relating to slips, falls, bumps, trips, or other contact with or caused by, arising from or relating to any walls, railings, flooring, light fixtures, furniture, countertops, plumbing fixtures, hoses, toys, kitchen wares, boxes, shelving, or any other household fixture or item whatsoever, or pets, or other physical contact with or occurring within the Private Home or the yard or any occupants or items located therein.
f. “Tourer” means those persons entering into a Private Home in relation to a Program.
ASSUMPTION OF RISKS
I am aware that as a Homeowner I will be participating in Activities that may involve an unimaginable number of risks, dangers and hazards which could result in damage or loss to me, my spouse, my children, my extended family and my friends, or property owned by any of the same, including the Risks. The negligence of other persons (including without limitation other participants in the Activities, Homeowners, other persons within the vicinity of the Private Home or its yard, and all those persons described above within the definition of CEA whether or not I or such other persons are participating in the Activities or in the Private Home, AND INCLUDING FOR CERTAINTY AND WITHOUT LIMITATION NEGLIGENCE ON THE PART OF CEA. I UNDERSTAND THAT “NEGLIGENCE” INCLUDES THE FAILURE ON THE PART OF CEA TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES OR THE USE OF OR PRESENCE AT, AROUND, NEAR OR ON THE PRIVATE HOME. I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES, INCLUDING THE RISKS AS DEFINED HEREIN, AND WITH THE USE OF AND PRESENCE AT, AROUND, NEAR OR IN THE PRIVATE HOME AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.
MEDICAL CONDITION
I CONFIRM THAT I DO NOT HAVE ANY MEDICAL CONDITION(S) WHICH WOULD PREVENT ME FROM, OR INCREASE THE RISK PRESENTED TO ME OR OTHERS AS A RESULT OF, PARTICIPATING IN THE ACTIVITIES.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of CEA coordinating the Program and Tourers entering the Private Home and permitting me to take part in the Activities, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future against CEA or any Tourer, and TO RELEASE AND FOREVER DISCHARGE CEA and any Tourer rom any and all liability for any loss, damage, expense or injury that I may suffer, or that my next of kin may suffer, caused by, resulting from or in any way relating to either my participation in the Program or the Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE INCLUDING WITHOUT LIMITATION ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACT (BRITISH COLUMBIA), as may be amended or any successor legislation, ON THE PART OF CEA OR THE TOURER. I UNDERSTAND THAT “NEGLIGENCE” INCLUDES THE FAILURE ON THE PART OF CEA OR THE TOURER TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES REFERRED TO ABOVE OR THE USE OF OR PRESENCE AT, AROUND, NEAR OR IN THE PRIVATE HOME OR IN RELATION TO THE PROGRAM;
2. TO HOLD HARMLESS AND INDEMNIFY CEA and the Tourer from and against any and all liability for any damage, loss, expense, or injury to any third party, including without limitation my next of kin, caused by, resulting from my use of or presence at, around, near or in the Private Home, or participation in the Activities or Program.
3. This Release shall be effective and binding upon all other owners, tenants or occupants of the Private Home and their respective heirs, next of kin, executors, administrators, assigns, and representatives, in the event of my death or incapacity.
4. In the event that any of the paragraphs or covenants contained in this Release are found to be invalid, unenforceable or void, such paragraphs or covenants shall be severed and the remainder of this Release shall remain in full force and effect.
5. This Release and any rights, duties and obligations as between the parties hereto shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction.
6. Any litigation involving the parties to this Release 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 sitting in Vancouver.
7. In entering into this Release I am not relying upon any oral or written representations or statements made by CEA or the Tourer with respect to the safety of the Activities or Private Home.
BY SUBMITTING YOUR HOME YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THIS RELEASE AND THAT YOU ARE AWARE THAT YOU ARE WAIVING CERTAIN LEGAL RIGHTS WHICH YOU OR YOUR HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST CEA OR ANY TOURER.
BY AGREEING TO THE TERMS OF THIS WAIVER YOU ARE WAIVING YOUR LEGAL RIGHTS TO CLAIM AGAINST OTHER PERSONS. PLEASE READ THE RELEASE CAREFULLY BEFORE SELECTING ‘I AGREE’.