PARTICIPANT RELEASE OF LIABILITY, WAIVER OF CLAIMS AND ASSUMPTION OF RISKS for
the Rideau Hall Foundation’s Forum for Young Canadians: Digital Learning Centre (the “Forum”)
IMPORTANT: By signing this document, you are agreeing to waive certain legal rights that you may otherwise have, including the right to sue. Please read this agreement carefully before signing.
By signing this Release of Liability, Waiver of Claims and Assumption of Risks (“Agreement”) I, ON BEHALF OF MYSELF OR ON BEHALF OF ANY PARTICIPANT IDENTIFIED BELOW (WHERE THE PARTICIPANT IS A MINOR OR CANNOT LEGALLY GIVE CONSENT) (“Participant”), acknowledge and agree that the Participant intends to participate in the Activity (described below) offered by the Rideau Hall Foundation (the “RHF”).
Activity Description & Location
(hereinafter referred to as “the Activity”)
Participation in the Forum Learning Centre including:
- asynchronous learning modules and activities on a bilingual digital platform designed to educate, equip, and inspire young Canadians for lifelong and meaningful civic engagement.
- a monitored, and optional, online community for youth only in a safe and welcoming space to network and continue building their knowledge and understanding through online group discussion forums with their peers.
Quebec Participants
For Participants who are residents of Quebec, the assumption of risk, release of liability, waiver of claims and indemnification provisions contained in this Agreement are not applicable to (a) any bodily or moral injury, or death caused by the RHF or its employees, contractors, volunteers, officers, directors, shareholders, agents or representatives; or (b) any other injury, loss or damage which is caused by the actions, or by an intentional, gross recklessness, gross carelessness or gross negligence of the RHF or its employees, contractors, volunteers, officers, directors, shareholders, agents or representatives.
Assumption of Risks
The RHF takes safeguarding of youth very seriously. The RHF strives to maintain a safe environment for youth Participants in the Activity. All adult staff of the RHF involved in the Activity are screened and have received orientation and training in abuse awareness and prevention. The RHF will implement safety prevention measures and will be monitoring the Activity for security purposes. However, there may be organizations or individuals participating in the event that have not taken the same steps to screen and train their staff, including but not limited to, speakers, event managers, and technical support. The RHF recommends that parents and legal guardians do their due diligence in coaching their children on safety online and check in with the Participant during and after the Activity.
I understand that there are inherent risks, dangers and hazards, involved in the Participant’s participation in the Activity. The Activity has foreseeable and unforeseeable inherent risks, hazards and dangers that no amount of care, caution or expertise can eliminate. The variety of risks is more than can be listed and may vary depending on the Activity. Some of the more significant risks, dangers and hazards include, but are not limited to:
- Grooming behaviours that could lead to abuse, verbal, sexual, and emotional harassment or discrimination.
- Identify theft and fraud.
- Negligent advice regarding the Activity.
- The Participant’s failure to act safely or within the Participant’s own ability or within designated areas and guidelines.
- Different foreseeable and unforeseeable risks for online programming such as privacy breaches; hacking; bullying; and technology malfunction or damage.
- The Participant’s conduct and/or conduct of other persons including any verbal altercation between participants, and the possibility that youth participants may not heed safety instructions or directions given to the group or delivered individually, including but not limited to leaving the online activity.
- Negligent conduct on the part of other participants and Activity personnel leading to physical or emotional injury, death or damage to personal property.
I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, HARM, ILLNESS, DEATH, PROPERTY DAMAGE OR LOSS, RESULTING THEREFROM, AND RESPONSIBILITY FOR LOSSES, COSTS AND DAMAGES, HOWEVER CAUSED, THAT I INCUR AS A RESULT OF THE PARTICIPANT’S PARTICIPATION IN THE ACTIVITY.
General Terms
I agree that this Agreement forms the entire agreement between the parties with respect to the subject matter hereof, and supersedes and cancels any and all prior agreements, statements, representations, warranties, undertakings or agreements between the parties. I agree that in the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions, which shall continue to be enforceable.
I acknowledge that the Participant’s participation in the Activity is completely voluntary and that the Participant has not been influenced to any extent whatsoever in participating in the Activity or in signing this Agreement. In entering into this Agreement, I am not relying upon any oral or written representations or statements made by the Releasees other than what is set forth in this Agreement. This Agreement is binding on and will ensure to the benefit of me and my heirs, administrators, and next-of-kin, and the RHF and its successors and assigns.
Unless you are a resident of Quebec, this Agreement is governed by the laws of Ontario and the federal laws of Canada applicable in Ontario. For Quebec residents, this Agreement is governed by the laws of Quebec and the federal laws of Canada applicable in Quebec. If any dispute arises related to this Agreement, the courts located in Toronto, Ontario will have sole jurisdiction over the dispute.
Publicity and Personal Information
Youth Participants may be invited from time to time to provide feedback about their program experience through a survey platform. This may include an opportunity for Participants to provide their comments and input that could potentially be shared in Rideau Hall Foundation and Forum promotional materials with an opt-in or opt-out option for both activities.
Media Release:
I consent to images of the Participant being taken and used to document the activities of the RHF. I grant the RHF an unrestricted irrevocable, worldwide, royalty-free, transferrable, and sub-licensable licence to utilize (including modify and edit) Participants’ name, picture, voice, image, persona, or other likeness in perpetuity and without additional compensation, in any and all media, including, without limitation, film, audio and video tape and still photography, whether online, in print or other formats, and to make those materials available to third parties for broadcast and publication, without further notice for any purpose whatsoever in connection with the activities of the RHF, including, without limitation, advertising and marketing communications.
Personal Information:
The RHF is committed to collecting, using, and disclosing information concerning its donors, supporters, volunteers, program participants, children and families in accordance with the RHF Privacy Policy. The Privacy Policy identifies the manner in which the RHF complies with privacy laws applicable in Canada. The RHF is collecting, using, and retaining your/the Participant’s personal information for the purpose of the aforementioned Activity description and to inform you/the Participant of program updates and upcoming opportunities at the RHF. Processing Participant registration is done with minimal personal data and with only the necessary information. The RHF will only gather and process the necessary, minimal amount of personal data that is required to identify participants and for Forum programming and event purposes. Your/the Participant’s personal information shall only be disclosed in the event that it may be required by law or as otherwise described in our Privacy Policy. This information will be maintained indefinitely as it is a requirement of our insurance company and legal counsel.
If you wish to update or review your/the Participant’s information retained by the RHF please contact [email protected].
Communication:
Communication with the Participant is to be used solely for the purposes related to the RHF and Forum programs and events. I grant permission to the RHF and Activity personnel (staff, partners, volunteers) to communicate with the Participant via telephone, email, social media and text message.
I CONFIRM that my signature on this Agreement constitutes my consent to the collection, use, disclosure and retention of personal information belonging to me as described in this Agreement. Where it is necessary for my parent/guardian to also provide consent for the collection, use, disclosure and retention of my personal information, my parent/guardian has also provided their signature to confirm consent.
