Terms and Conditions

This document also serves as the Participant Waiver and Release of Liability for all activities, programs, and volunteering at Yugal Kunj.

I desire to participate in the “Activity”, voluntarily and after reading carefully, execute this Participant Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement, agreeing as follows:

1. Consideration

I acknowledge the personal benefit accruing to me by being permitted by Yugal Kunj (“YK”) to participate in the Activity and being aware of the activities in which I will be involved through said participation, I hereby agree as follows.

2. Assumption of Risks

I am aware of the risks, dangers and hazards associated with the Activity at YK, and I FREELY ACCEPT AND FULLY ASSUME all such risks, dangers and hazards and the possibility of personal injury, death, property damage or loss resulting therefrom. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF DANGERS INVOLVED.

3. Release of Liability and Waiver of Claims

In consideration for receiving permission to participate in activities with YK, I, the Participant, my personal representatives, assigns, heirs and next of kin, freely and voluntarily, without duress, hereby release, waive and discharge all claims that I have or may have in the future against YK, its officers, directors, agents, servants, volunteers or employees (hereinafter referred to as “Releasees”) from any and all liability, claims, loss, expenses, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death.

4. Indemnity Agreement

I agree to indemnify and hold harmless YK and all other Releasees and their respective successors and assigns from any and all liability, claims, demands, causes of action, losses, damages or costs of whatever kind or nature, arising from my actions as a participant in the Activity. I covenant not to bring any action against YK for any such injury or damage.

5. Medical Authorization and Release

If I am unable to consent at the time due to injury or illness, I hereby consent to the administration of first aid and other emergency medical treatment. Should a medical emergency arise, I hereby authorize any medical and/or surgical care, including diagnosis and treatment, to be given by any hospital or clinic selected by YK.

6. Media Release

I understand and agree that all photographs, video, audio recordings or any images or portions thereof, taken by the Releasees during my participation, are the property of YK and may be used, modified and/or published in any manner YK considers appropriate. I grant and convey unto YK all right, title and interest in any such recordings, including any moral rights.

7. Conduct of Participant

I acknowledge that during my participation in the Activity, I will not engage in any illegal activities. I further understand that in the event of legal proceedings involving me and related to such offences, I am responsible for any legal fees and costs. I acknowledge that I must abide by YK’s standard operating procedures or instructions, whether communicated verbally or in writing, including obeying all directions provided by YK’s employees and/or directors while participating in the Activity.

8. General

I expressly agree that this Release is intended to be as broad and inclusive as permitted by the laws of the Province of Ontario, Canada, and that this Release shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada, applicable therein. If any clause or provision of this Agreement is held to be invalid, the invalidity shall not otherwise affect the remaining provisions, which shall continue to be enforceable. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives.

9. Consent to Receive Correspondence

I understand that Yugal Kunj will not share my personal information with third parties.

I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY AGREEING TO IT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS MAY HAVE AGAINST THE RELEASEES.