RELEASE WAIVER AND INDEMNITY: BOOST CHILD & YOUTH ADVOCACY CENTRE, TORONTO PORT AUTHORITY and CITY OF TORONTO (combined)

THIS RELEASE WAIVER AND INDEMNITY (the “Release”) acknowledged today is in favor of Boost Child & Youth Advocacy Centre, a non-profit corporation, (“Boost CYAC") and all of its respective directors, officers, employees, contractors, members, agents and donors; all sponsors, all media partners, all contributors of services, food, beverages, shelter and transportation, and each of their respective directors, officers, employees, contractors, members and agents; any owner/operator of any trade show or public event at which Boost CYAC may be participating and the owner/operator’s directors, officers, employees, contractors, members and agents; and all partner families.

In consideration of my desiring to participate in the Annual Toronto Polar Bear Dip Event:

1. WAIVER AND RELEASE: I, my heirs, executors, estate trustees with or without a Will, administrators, successors and assigns do hereby release and forever discharge and hold harmless Boost CYAC and its respective directors, officers, employees, contractors, members, agents and donors; Her Majesty in Right of Canada, Her Majesty in Right of Ontario, the City of Toronto; the Toronto Port Authority and all of its directors, officers, employees, servants and agents; all sponsors, all media partners, all contributors of services, food, beverages, shelter and transportation, and each of their respective directors, officers, employees, contractors, members and agents; any owner/operator of any trade show or public event at which Boost CYAC may be participating and the owner/operator’s directors, officers, employees, contractors, members and agents; and all partner families, from any claims, demands, damages both direct and indirect, costs, expenses, actions and causes of actions, whether in law or equity, in respect of death, injury, loss or damage to my person or property, howsoever caused arising or to arise by reason of my participation in or attendance at the Annual Polar Bear Dip Event.

2. MEDICAL TREATMENT: I, my heirs, executors, estate trustees with or without a Will, administrators, successors and assigns do hereby release, waive and forever discharge Boost CYAC and its respective directors, officers, employees, contractors, members, agents; Her Majesty in Right of Canada; Her Majesty in Right of Ontario; the City of Toronto; all sponsors, all media partners, all contributors of services, food, beverages, shelter and transportation, and each of their respective directors, officers, employees, contractors, members and agents; any owner/operator of any trade show or public event at which Boost CYAC may be participating and its directors, officers, employees, contractors, members and agents; and all partner families from any claim, demands, damages both direct and indirect, costs, expenses, actions and causes of actions, whether in law or equity, in respect of death, injury, loss or damage to my person or property, howsoever caused arising or to arise on account of any first aid, treatment, or other medical service rendered in connection with my participation in or attendance at the Annual Polar Bear Dip Event. I understand that I am responsible for securing all appropriate medical insurance coverage. I acknowledge and accept that any such medical services as may be available may be performed by volunteers or outside agencies and that Boost CYAC has no control, liability, or responsibility for the quality of any medical attention that may be provided.

3. ASSUMPTION OF RISK: I understand that participation may include activities that may be hazardous. As such, Boost CYAC cannot and will not assume any liability for the nature of the activity. 

I understand that Boost CYAC retains the right to limit or prohibit my participation in any activities of Boost CYAC if Boost CYAC determines that such participation will not be in the best interests of either it or me. I understand that I will be responsible for the payment of any expenses incurred as a result of application of this section.

4. COVID-19 SAFETY INFORMATION:

While participating in events held or sponsored by Boost CYAC, consistent with Government of Canada guidelines, participants are encouraged to practice hand hygiene, “social distancing” and wear face coverings to reduce the risks of exposure to COVID-19. Because COVID-19 is extremely contagious and is spread mainly from person-to-person contact, Boost CYAC has put in place preventative measures to reduce the spread of COVID-19. However, Boost CYAC cannot guarantee that its participants, volunteers, partners, or others in attendance will not become infected with COVID-19.

In light of the ongoing spread of COVID-19, individuals who fall within any of the categories below should not engage in the Toronto Polar Bear event and face to face fundraising activities. By attending the Toronto Polar Bear Dip, you certify that you do not fall into any of the following categories:

4 (a) Individuals who currently or within the past fourteen (14) days have experienced any symptoms associated with COVID-19, which include fever, cough, and shortness of breath among others; see www.canada.ca

4 (b) Individuals who have traveled at any point in the past fourteen (14) days either internationally or to a community in Canada or the United States. that has experienced or is experiencing sustained community spread of COVID-19; or

4 (c). Individuals who believe that they may have been exposed to a confirmed or suspected case of COVID-19 or have been diagnosed with COVID-19 and are not yet cleared as non-contagious by state or local public health authorities or the health care team responsible for their treatment.

4 (d) DUTY TO SELF-MONITOR:

Participants and volunteers agree to self-monitor for signs and symptoms of COVID-19 (symptoms typically include fever, cough, and shortness of breath) and, contact Boost CYAC at events@boostforkids.org if he/she/they experiences symptoms of COVID-19 within 14 days after participating or volunteering with Boost CYAC.

5. PHOTOGRAPHIC RELEASES: I do hereby grant and convey to Boost CYAC all rights, title and interest in any and all photographic images, whether electronic or otherwise, and in any video or audio recordings made by Boost CYAC or its media partners. I further understand that Boost CYAC may use, or authorize use of such images and recordings for broadcasting and in fundraising and other corporate materials and I consent to such use.

6. OTHER: I expressly agree that this Release is intended to be as broad and inclusive as permitted by the laws of the Province of Ontario, and that this Release shall be governed by and be interpreted in accordance with the laws of the Province of Ontario. I agree that in the event that any clause or provision of this release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such a clause or provision shall not otherwise affect the remaining provisions of this Release that shall continue to be enforceable.

7. Boost CYAC directly collects all monies from the participant registration fee and participant fundraising efforts. All donations will receive a tax receipt. The participant registration fee of $30 is non-refundable and not eligible for a tax receipt. If the event is cancelled for any reason, the participant will receive a tax receipt for the registration amount paid.

8. Boost CYAC PRIVACY OF INFORMATION STATEMENT: We do not sell, trade, rent or in any way distribute your personal information. We use your information to keep you periodically informed of our activities including programs, funding needs, special events, and opportunities to volunteer or to donate. If you do not wish us to contact you, please notify us by email at info@boostforkids.org, by telephone, or by mail, with your full name and address. We will remove your name from our confidential list within 30 days of receipt. Otherwise by signing this Release you are consenting to the use of your personal information for the above-noted purposes.