Release of Liability, Waiver of Claims, and Assumption of Risks
BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING
THE RIGHT TO SUE OR CLAIM COMPENSATION
PLEASE READ CAREFULLY!
In consideration of 10189788 MANITOBA LTD. o/a “The Sportz Xpress”, a Manitoba
corporation (the "Company") permitting the individual named below ("I" or "me") to participate in
sports training and recreational activities (the “Activities”) at the Company’s premises located
at 145 Oakland Road, Oak Bluff, Manitoba, and for other good and valuable consideration, I
agree to all the terms and conditions set forth in this agreement (this "Agreement").
ASSUMPTION OF RISKS
I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES INVOLVE MANY RISKS,
DANGERS, AND HAZARDS, INCLUDING BUT NOT LIMITED TO THE RISK OF SERIOUS
INJURY, DEATH, OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT I AM VOLUNTARILY
PARTICIPATING IN THE ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL
OF THE RISKS, DANGERS, AND HAZARDS INVOLVED AND THE POSSIBILITY OF INJURY,
DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE
COMPANY OR OTHERWISE.
I hereby expressly waive and release any and all claims which I have or may in the future have
against the Company, its affiliates, and their respective directors, officers, employees, agents,
representatives, shareholders, successors, and assigns (collectively, "Releasees"), on account
of injury, death, or property damage arising out of or attributable to [my participation in] the
Activities, due to any cause whatsoever, including without limitation the negligence of the
Company or any other Releasee, breach of contract, or breach of any statutory or other duty of
care owing under occupiers liability legislation or otherwise. I covenant not to make or bring any
such claim against the Company or any other Releasee, and forever release and discharge the
Company and all other Releasees from liability under such claims.
I SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ALL OTHER
RELEASEES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES,
CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES,
FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE LEGAL
FEES, IN CONNECTION WITH ANY THIRD-PARTY CLAIM, SUIT, ACTION, OR
PROCEEDING ARISING OUT OF OR RESULTING FROM THE ACTIVITIES.
This Agreement constitutes the entire agreement of the Company and me with respect to the
subject matter contained herein and supersedes all prior and contemporaneous understandings,
agreements, representations, and warranties, both written and oral, with respect to such subject
matter. If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable
in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or
provision of this Agreement or invalidate or render unenforceable such term or provision in any
other jurisdiction. This Agreement is binding on and shall enure to the benefit of me and my
heirs and next-of-kin, and the Company and its successors and assigns. This Agreement shall
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be governed by and construed in accordance with the laws of the Province of Manitoba and the
federal laws of Canada applicable therein. Any claim or cause of action arising under this
Agreement may be brought only in the courts of the Province of Manitoba, and I hereby consent
to the exclusive jurisdiction of such courts.
I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS
AGREEMENT AND THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS
(ON MY BEHALF AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS, AND
NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE THE COMPANY AND THE RELEASEES.
By checking this box, I confirm that I have read and accept the Release of Liability, Waiver of Claims, and Assumption of Risks associated with training and activities at The Sports Xpress. I understand that participation involves inherent risks, including the possibility of injury or property damage, and I voluntarily assume all such risks. I agree not to hold The Sports Xpress, its owners, staff, or representatives liable for any injury, loss, or damage that may occur, and I waive my right to sue or seek compensation. I understand that this waiver is legally binding and applies to me and my heirs.