The Group has entered into an agreement (the "Fundraiser Agreement") with Calgary Sports and Entertainment Corporation to perform services in certain food service areas in the Scotiabank Saddledome and McMahon Stadium. I have agreed to volunteer my services to the Group to assist it in the operation of the concession stands.
In consideration of Calgary Sports and Entertainment Corporation agreeing to permit me to volunteer my services to the Group in the Scotiabank Saddledome and McMahon Stadium so as to enable the Group to obtain benefits outlined in its Fundraiser Agreement with Calgary Sports and Entertainment Corporation, the receipt and sufficiency of which consideration is hereby acknowledged, I agree as follows:
1. I, individually, and on behalf of my heirs, successors, assigns, and personal representatives hereby waive any and all claims I may have now and in the future against and release, acquit, forever discharge, indemnify and save harmless, Calgary Sports and Entertainment Corporation and its partners, employees, agents, servants, directors, officers, trustees, representatives (in their official and individual capacities) affiliated and related entities and their heirs, successors and assigns (collectively the "CSEC") from any and all costs (including, without limitation, actual legal costs), claims, demands, actions, causes of action and liabilities whatsoever for any and all damages, losses, death or injuries to persons or property or both sustained by me, my heirs, successors, assigns and personal representatives, directly or indirectly, as a result of, in relation to or during my provision of services in connection with the Fundraiser Agreement, or as a result of my presence at the Scotiabank Saddledome or McMahon Stadium due to any cause or reason whatsoever, including, without limitation, the reckless, willful or negligent actions or omissions of CSEC, or any other person or persons.
2. I understand that the phrase "negligent actions or omissions" utilized in paragraph 1 of this Waiver and Release Agreement means the doing of some act which a reasonably prudent and careful person would not have done under similar circumstances or failure to do what a reasonably prudent and careful person would have done under similar circumstances.
3. I agree to indemnify and save harmless CSEC from any and all costs (including, without limitation, actual legal costs), claims, demands, actions, causes of action and liabilities arising as a result of any damages, losses, death or injuries to persons or property or both sustained by an individual or entity other than me, directly or indirectly, as a result of or in relation to my provision of services in connection with the Fundraiser Agreement or as a result of my presence at the Scotiabank Saddledome or McMahon Stadium due to any cause or reason whatsoever, including, without limitation, my willful, reckless or negligent actions or omissions.
4. I understand and agree that as a volunteer for the Group, I am not an employee, agent, or servant of CSEC. None of the benefits provided by an employer to an employee, including but not limited to minimum wage and overtime compensation, workers' compensation insurance and employment insurance, shall be available from or through CSEC to me.
5. I agree that this Waiver and Release is intended to be as broad and inclusive as permitted by the laws of the Province of Alberta, and if any portion hereof is held invalid, it is agreed that the balance hereof shall, notwithstanding, continue in full legal force and effect.
6. I understand that by signing this document I will be forever precluded from suing or otherwise claiming against CSEC for any damages, losses, death or injuries to persons or property or both that I may sustain. In entering into this Agreement, I am not relying on any oral or written representation made by any of CSEC to induce me to perform services in connection with the Fundraiser Agreement.
7, In signing this Waiver and Release, I hereby acknowledge and represent that I have read this entire document, that I understand its terms and provisions, that I understand it affects my legal rights, that it is a binding agreement on me, my heirs, next of kin, personal representatives, executors, administrators and successors, and that I have signed it knowingly and voluntarily. I confirm that I am of the full age of 18 years, or alternatively, that where I am not the full age of 18 years, I have obtained the approval and consent to execute this Waiver and Release Agreement by my parent or parents, guardian or guardians.
