Waiver and Acknowledgment (DEFAULT)

In consideration of the use of the property, facilities, equipment and/or services associated with Motionball for Special Olympics ("motionball"), Marathon of Sport or any associated or affiliated individuals or corporate persons, the undersigned hereby agrees as follows:

1. ACKNOWLEDGEMENT OF RISK FACTORS: I am aware and acknowledge that participating in indoor and/or outdoor social and sporting activities offered by or associated with motionball's Marathon of Sport and using any equipment or services provided by such event, including, without limitation, sports such as Ultimate Frisbee, Flag Football, Basketball, Soccer, Volleyball, Bench Ball and Obstacle Courses exposes me to many inherent risks, dangers and hazards, including, without limitation, the RISK OF PROPERTY DAMAGE, BODILY INJURY AND POSSIBLE DEATH.

2. ASSUMPTION OF RISK: By engaging in any activities offered by or associated with motionball's Marathon of Sport, I freely accept and fully assume all inherent risks, dangers and hazards and the possibility of personal injury, death, property damage or loss resulting not only from the activity itself but which might result from the use of equipment or facilities, from the acts of others or from the unavailability of emergency medical care.

3. RELEASE OF LIABILITY - WAIVER OF CLAIMS & INDEMNITY AGREEMENT: In consideration of motionball permitting me to participate in motionball's Marathon of Sport, its activities and sports, permitting me the use of its equipment and permitting me the use of its facilities, I hereby agree as follows:

• To waive any and all claims that I have or may in the future have against motionball and its directors, officers, employees, volunteers, agents and representatives;
• To RELEASE motionball and its directors, officers, employees, volunteers, agents and representatives from any and all liabilities, including, without limitation, any claim, loss, damage, injury or expense that I may suffer or that my next of kin may suffer, as a result of my participation in activities and sports offered by motionball's Marathon of Sport, due to any cause whatsoever, including, without limitation, negligence, breach of contract, breach of statutory duty of care and/or any breach arising under the Occupiers Liability Act, R S 0 1990, C.O 2, as may be amended from time to time, and any similar Canadian, Provincial or Territorial legislation on the part of motionball and its directors, officers, employees, volunteers, agents and representatives;
• I acknowledge and agree that motionball and its representatives may take my photograph during my participation in motionball's Marathon of Sport, motionball may use such photographs for exhibition, advertising and/or promotional purposes, and I further hereby release and discharge motionball and its directors, officers, employees, volunteers, agents and representatives from any and all liabilities or claims in any manner whatsoever relating to the use of such photographs; and
• I have read and understood this Waiver and Acknowledgment prior to digitally or manually signing it. I am aware that, by accepting this Waiver and Acknowledgment, I am waiving certain legal rights which I or any heirs, next of kin, executors, trustees, legal representatives, administrators and assigns may have against motionball and its directors, officers, employees, volunteers, agents and representatives.

4. REGISTRATION FEE: If I am a Marathon of Sport Participant, I understand and agree that my $0 registration fee covers the cost of my participation in the Marathon of Sport event and will not be included in my eligibility for any fund raising incentive or raffle draw. Further, with my registration in the Marathon of Sport event, I understand that I am committing to help my team raise $0 or more in pledges on or before December 31. If I am on a corporate team that has paid the required corporate fee to participate in motionball's Marathon of Sport, I acknowledge that the $0 registration fee for an individual Marathon of Sport Participant is waived and not payable to motionball. If I am a Marathon of Sport Team Captain, I further understand and agree that I am responsible for ensuring that my team fundraises the team minimum of $0, and if my team does not reach this funding goal by one week following motionball's Marathon of Sport , I will be personally liable to immediately pay any shortfall amount to motionball.

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