Terms & Conditions

SINAI HEALTH SYSTEM FOUNDATION

Sinai Health Foundation Duck and Dodge 2023: Release and Waiver of Liability

(“Agreement”)

Please read this Agreement carefully. This is intended to be a legally binding document which affects your legal rights. BY Signing this agreement you will waive certain legal rights including the right to sue on your own behalf and on behalf of the your personal representatives, heirs and next of kin. If you have any questions regarding any provisions contained in this Agreement, you are advised to consult an independent Lawyer before signing.

In consideration of the acceptance by the Sinai Health System, Sinai Health Foundation, Bridgepoint Foundation and  Arthritis Research Foundation of my/my child’s entry to the Sinai Health Foundation Duck and Dodge 2023 (“the event”), and other good and valuable consideration relating to the event, the sufficiency of which I hereby acknowledge, I hereby agree as follows:

1. I acknowledge and agree that the Sinai Health System, Sinai Health Foundation, Bridgepoint Foundation and Arthritis Research Foundation, their directors, officers, employees, independent contractors, agents, representatives, volunteers and sponsors cannot assure my/my child’s safety during participation in the event. I acknowledge and agree that participation in the event exposes me/my child to risks including, but not limited to, physical injury and damage to or loss of personal property and I HEREBY EXPRESSLY ASSUME THE RISK of an injury or harm in participating in the event.
2. I understand that all instructions must be followed and that the SOLE RESPONSIBILITY FOR MY/MY CHILD’S PERSONAL SAFETY and MY/MY CHILD’S PERSONAL PROPERTY REMAINS WITH ME.
3. I undertake and agree to remove myself/my child from participation if I sense or observe any unusual hazard or unsafe condition, or if at any time, I/my child feel unable or unfit to safely continue for any reason.
4. I HEREBY RELEASE, WAIVE, AND FOREVER DISCHARGE SINAI HEALTH SYSTEM, SINAI HEALTH FOUNDATION, BRIDGEPOINT FOUNDATION AND ARTHRITIS RESEARCH FOUNDATION, their directors, officers, employees, independent contractors, agents, representatives, volunteers, sponsors, successors and assigns of and from all claims, demands, damages, costs, expenses, actions and causes of action, whether in law or equity, in respect of death, injury, loss or damage to my person or property, howsoever caused, arising out of, by reason of, or during my attendance at or participation in the event (all of the foregoing referred to hereinafter as the “claims”), whether or not such claim arises out of events prior to, during or subsequent to said attendance or participation, even if such claims were caused by, contributed to, or occasioned by the negligence, fault or other conduct of the Sinai Health System, Sinai Health Foundation, Bridgepoint Foundation and/or Arthritis Research Foundation.
5. I give permission for the Sinai Health System, Sinai Health Foundation, Bridgepoint Foundation and Arthritis Research Foundation to use my/my child’s likeness in the form of photographs or digital images (hereinafter referred to as the “images”) for purposes in connection with promoting Sinai Health System, Sinai Health Foundation, Bridgepoint Foundation and Arthritis Research Foundation and their programs and activities, which may include posting of the images on the websites of Sinai Health System, Sinai Health Foundation, Bridgepoint Foundation and Arthritis Research Foundation, without notification and without compensation to me/my child.
6. I understand and agree that this Release and Waiver of Liability shall bind my heirs, executors, administrators, legal representatives and assignees.
7. This Release and Waiver shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Should any portion of this Release and Waiver be held to be invalid by any court of competent jurisdiction for any reason, such portion of this Release and Waiver shall be severable from the remaining provisions herein and shall not otherwise affect the remaining provisions of this Release and Waiver which shall continue to be enforceable.

SINAI HEALTH SYSTEM FOUNDATION

COVID-19 ASSUMPTION OF RISK AND LIABILITY WAIVER, RELEASE AND INDEMNITY AGREEMENT

Description of Event

By signing this Agreement, I, Full Name of Participant agree to being permitted to attend and participate in the Duck and Dodge 2022 for Sinai Health System Foundation (“SHSF”) to take place on January 19, 2023 (hereafter referred to as the “Event”), upon the terms and conditions set out in this Agreement.  

1. COVID-19 (and Similarly Transmitted Contagions) Acknowledgement and Assumption of Risks

• Assumption of Risks: I hereby voluntarily assume the risks of participation at the Event described above, inherent and otherwise, known or unknown, which may be encountered as a result of my participation at the Event (hereafter referred to as the “COVID-19 Risks”). My participation at the Event is purely voluntary, and I elect to participate in spite of the COVID-19 Risks. I understand that the risk of becoming exposed to, or infected by, COVID-19 while participating at the Event may result from the actions, omissions, or negligence of myself or others. I voluntarily agree to assume all of the foregoing COVID-19 Risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability or expense, of any kind, that I may experience or incur in connection with my participation and attendance at the Event.

Acknowledgement of Risks:

• I acknowledge that the novel coronavirus, COVID-19, is a highly contagious virus that causes respiratory illness, among other symptoms, and can be spread through person-to-person contact, as well as respiratory droplets, and contact with surfaces previously touched by an infected person. COVID-19 is a new disease, much of which is yet unknown. SHSF does not profess expertise about COVID-19. Participants should gather their own information from experts/reliable sources concerning COVID-19 and develop their own opinions about the risks involved in participating in any activity, including the Event. Known risks of contracting COVID-19 include, but are not limited to, respiratory illnesses, as well as potential death. Some infected with COVID-19 may be asymptomatic and not know they are infected. Therefore, there is a risk of contracting COVID-19 even if those you interact with do not exhibit any symptoms. Even persons who have received two vaccinations may carry and pass on Covid-19. There are also other contagions that are transmitted in a similar manner

1. COVID-19 Liability Release, Waiver and Indemnity

 I, personally and on behalf of my personal representatives, heirs and next of kin, hereby voluntarily release, covenant not to sue, forever discharge, and agree to indemnify and hold harmless SHSF, Sinai Health System, Event sponsors and their respective past, present and future directors, officers, members, employees, volunteers, contractors, representatives and agents, from any and all claims, lawsuits, demands, expenses, losses, liabilities, actions or causes of action, arising directly or indirectly out of any COVID-19 or similarly transmitted contagion related illness, infection, injury, disability, death or other loss or damage to person or property, which may arise or is alleged to arise through or as a result of participation and attendance at the Event.

1. Representation and Warranty

• By signing below, I also represent and warrant that I WILL NOT ATTEND the Event if
1. Cough, new or worsening
2. Fever of 37.8 C or higher
3. Chills
4. Shortness of breath, difficulty breathing
5. Decrease or loss of taste or smell
6. Over 18 years of age: Unexplained fatigue, malaise, muscle aches
7. Under 18 years of age: Nausea, vomiting, diarrhea, abdominal pain
8. I have been in close contact with a person diagnosed or suspected as positive with COVID-19. For the purposes of this representation and warranty “close contact“ is defined as being within approximately 6 feet (2 meters) of a COVID-19 confirmed case (or medically diagnosed as a suspected COVID-19 case for more than 15 minutes  OR having direct contact with infectious secretions (cough, sneeze ) of a COVID-19 confirmed case (within the last 14 days); and/or.
9. I have recently undergone COVID-19 testing and am awaiting those results.
10. I have a positive result of a recent COVID-19 test and am still in quarantine at the time of the Event.
11. On the day on which I should be attending the event I have one or more of the following symptoms:

By signing below, I also represent and warrant that if I have been travelling outside Canada and returned within 14 days of the Event I shall produce a negative result of a COVID-19 test shown on re-entering Canada, upon entering the Event. I understand that failure to present this result will in itself result in refusal of entry to the Event.

1. Governing Law

I understand and agree that this Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario, Canada. Any action, proceeding or litigation concerning this Agreement may only be brought in the court of competent jurisdiction in the City of Toronto, in the Province of Ontario, Canada.

1. Invalidity of Any Clause

I understand and agree that in the event any clause, sentence, or provision of this Agreement shall be held to be invalid or unenforceable by the court of competent jurisdiction in the Province of Ontario, Canada, the invalidity or unenforceability of such clause, sentence or provision shall not affect the validity or enforceability of the remaining provisions

I acknowledge that I have carefully read this Agreement, and fully understand its contents and binding effect. In entering this agreement I am not relying on any oral or written representations or statements made by the Releasees OTHER THAN WHAT IS SET FORTH IN THIS AGREEMENT. I acknowledge that I have had the opportunity to have this Agreement independently reviewed by a Lawyer prior to the time I signed it.  I understand that this Agreement is a legal contract between myself and SINAI HEALTH SYSTEM FOUNDATION AND The Releasees named HEREIN, that affects my legal rights and those of My Personal Representatives, Heirs and Next of Kin, which is intended to be as broad and inclusive as permitted by the laws of the province of Ontario, Canada.  I represent and warrant that I am signing this Agreement knowingly, voluntarily and of my own free will, THAT I AM at least 18 YEARS OF AGE, AM OF SOUND MIND AND POSSESS Full Legal Capacity TO ENTER INTO CONTRACTS ON MY OWN BEHALF