Release and Indemnity

Release and Indemnity

Wellspring Niagara prides itself on being a safe and secure place for our members. However, occasionally problems can arise that may lead to someone being injured. Because that could happen, Wellspring Niagara is asking you to carefully consider your own needs and well-being to determine whether you are able to safely participate in each Wellspring event or activity you want to take.

If you do decide to participate in a Wellspring event or activity, Wellspring asks that you carefully read this document. This document says that you fully accept and assume all risk and all responsibility for any losses, costs, and damages that might result because of your participation in an activity sponsored by Wellspring. If your child is a minor and intends to participate in a Wellspring program, you are agreeing to this document on their behalf.

In reading this document, please note the following words are particularly defined as:

  • Activity” means any event or activity either organized or arranged by Wellspring, its Volunteers or Others, that includes participation by you because of your association with the operations of Wellspring.
  • Loss” includes personal injury, illness, death, property damage or other loss of any nature or kind however caused and whether arising by reason of the negligence of Wellspring, its Volunteers, Others or anyone else, or in some other way.
  • Others” includes any employees, contractors, agents or representatives of Wellspring.
  • Volunteers” includes Wellspring directors and officers and any person volunteering in the organization or the running of Wellspring and with respect to an Activity, any person running the Activity, and the respective heirs, executors, administrators, and personal legal representatives of all of those people.
  • “Wellspring” means Wellspring Cancer Support Foundation and each of its affiliates, including Wellspring Alberta, Wellspring London, Wellspring Niagara, and Wellspring Chinguacousy both collectively and individually.

By becoming a member and/or registering in a Wellspring program, I agree to accept all responsibility and liability for any and all risks and hazards of Loss and for any Loss that I or my child may suffer in any way connected with an Activity. Wellspring, its Volunteers and Others are not responsible or liable for any Loss I or my child may suffer in any way connected with an Activity.

I will not sue or otherwise make a claim against Wellspring, its Volunteers or Others for any Loss I or my child may suffer in any way connected with an Activity. On behalf of myself and my child, I hereby give up my right to make any such claim and I hereby indemnify Wellspring, its Volunteers and Others for any claims that may be made against them arising out of any Loss I or my child may suffer arising from my participation or my child’s participation in an Activity, and for any legal fees or other costs incurred in defense of any such claim.

I also agree that by becoming a member and/or registering in a Wellspring program, I am agreeing for myself and my child, for my heirs, and for my executors, administrators, legal personal representatives and anyone else who may claim on my or my child’s behalf.

I have read this document and fully understand its terms. I have agreed to it freely and without any inducement or assurance of any nature. I intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law. I agree that if any portion of this document is found to be invalid, notwithstanding that finding, the balance will continue in full force and effect.

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