MSVU RELEASE AGREEMENT

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter referred to as the “Release Agreement”) BY SELECTING "I AGREE TO TERMS AND CONDITIONS WITHIN THE MSVU RELEASE AGREEMENT"BUTTON BELOW, YOU ARE AGREEING TO THIS RELEASE AGREEMENT AND YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR TO CLAIM COMPENSATION FOLLOWING AN ACCIDENT - PLEASE READ CAREFULLY!

ACTIVITIES, PROGRAMS, EVENTS AND PERSONS COVERED BY THIS RELEASE AGREEMENT
This Release Agreement applies to the use of all MSVU Athletics & Recreation facilities, premises and equipment and participation in all in-person and virtual/online MSVU Athletics & Recreation activities, programs or events, including but not limited to all participation in activity classes, fitness programs, intramural programs, sport leagues, varsity programs and MSVU Athletics & Recreation events (“collectively, the “A&R Activities”). This Release Agreement applies to and protects MSVU and its Board of Governors, officers, directors, employees, agents, independent contractors, subcontractors, representatives, successors and assigns and all instructors, coaches, managers, volunteers, sponsors, officials and officers in any way involved or connected with A&R Activities and other MSVU Athletics & Recreation members including all members, program participants and varsity athletes while involved in A&R Activities (collectively, the “Releasees”).


ASSUMPTION OF RISKS
I am aware that participation in in-person and virtual/online A&R Activities involves various risks, dangers and hazards, including but not limited to the risk of serious injury or death and negligence on the part of the Releasees, which includes failure by the Releasees to take reasonable steps to safeguard or protect me from injury or from the risks, dangers and hazards of participation in A&R Activities. Many of the A&R Activities are unsupervised. I understand that it is my responsibility to learn about and understand the risks, dangers and hazards of participating in A&R Activities and that I may contact an MSVU Athletics & Recreation staff member if I require more information on these risks, dangers and hazards.


I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS INCLUDING THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM, RELEASE OF LIABILITY AND WAIVER OF CLAIMS: In consideration of the Releasees permitting my participation in A&R Activities, I hereby agree as follows:


1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the Releasees arising out of any aspect of my participation in A&R Activities and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense, illness (including contracting Covid-19), or injury including death that I may suffer or that my next of kin may suffer during my participation in A&R Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, AS WELL AS ANY DUTY OF CARE OWED UNDER THE
OCCUPIERS LIABILITY ACT, ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZA RDS REFERRED TO ABOVE;


2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property of or personal injury to any third party, resulting from my participation in A&R Activities; 


3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;


4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Nova Scotia and no other jurisdiction; and


5. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of Nova Scotia and shall be within the exclusive jurisdiction of the Courts of the Province of Nova Scotia.


In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of A&R Activities, other than what is set forth in this Release Agreement.


I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES. I ACKNOWLEDGE THAT I HAVE HAD THE OPPORTUNITY TO SEEK CLARIFICATION CONCERNING ANY OF ITS TERMS. I UNDERSTAND THAT IF I HAVE ANY QUESTIONS REGARDING THIS RELEASE I SHOULD CONSULT A LAWYER PRIOR TO SELECTING THE "I AGREE TO TERMS AND CONDITIONS WITHIN THE MSVU RELEASE AGREEMENT" BUTTON FOR THIS RELEASE.


The information on this form is collected under the general authority of the University Act (R.S.B.C. 1996, c.468). It is related directly to and needed by the University to manage and provide recreation programs and services for patrons. The information will be used to validate gym memberships, verify membership use of recreation facilities and participation in varsity athletics programs, recreation instructional programs, drop-in programs and intramurals, sports leagues, administer the liability, waiver and indemnity agreement, and monitor patron conduct. If you have any questions about the collection and use of this information, please contact the Recreation Coordinator, 166 Bedford Highway, Halifax, NS, B3M 2J6. 902-457-6420.


Privacy Statement:
The Mount is committed to ensuring the protection of your personal information; any personal information you provide will be collected, disclosed, retained, and made secure in accordance with the conditions stated on this form, and in compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and the Freedom of Information and Protection of Privacy (FOIPOP) Act. For further information, please refer to the University Academic Calendars.  The information you provide will be stored in the PerfectMind Recreation Management Software Suite hosted within Canada on a server owned and maintained by PerfectMind. This arrangement is facilitated through a binding contract between the Mount and PerfectMind.