LIABILITY RELEASE

PLEASE READ CAREFULLY. THIS IS A RELEASE OF LIABILITY, WAIVER OF LEGAL RIGHTS AND PHOTO/IMAGE RELEASE.

 BY ENTERING THE FESTIVAL GROUNDS YOU UNDERSTAND AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS:

I acknowledge that participation in the Whistler Children’s Festival may involve physical risk, injury, or death. I expressly assume all risks associated with myself and/or the child(ren) in my care, participating in the Whistler Children’s Festival including, without limitation, the risks and inherent dangers associated with various activities, paid for or free of charge, and all other activities under the organization of Arts Whistler, and its partners, donors, affiliates, etc.

1. In consideration of taking part in the Whistler Children’s Festival, I agree to defend, indemnify, release and hold harmless the Whistler Arts Council doing business as “Arts Whistler”, the Resort Municipality of Whistler, all sponsors, promoters, staff, volunteers, event operators, officials, or property owner(s) involved, the Provincial and Federal Governments and any other involved Municipalities, or public entities and their respective agents and employees (collectively ‘the Released Parties”) from any and all claims I might state as a result of physical injury, including death, or property damage sustained in connection with the Whistler Children’s Festival, including those claims based on negligence or breach of warranty/contract. I promise not to sue and further agree that if anyone is physically injured or property is damaged while I am engaged in theWhistler Children’s Festival, I will have no right to make a claim or file a lawsuit against the Released Parties. I agree to defend and indemnify the Released Parties for any and all claims, including subrogation and/or derivative claims brought by any third party or insurer, which I may cause.
2. If I am understanding and agreeing to this Liability Release on behalf of a minor (less than 18 years of age) (the “Child(ren)”):

• I represent that I am the parent and/or legal guardian of such Child(ren), and that the Child(ren) is/are in good health and there are no special physical problems associated with the care of the Child(ren), unless a caretaker will be present to administer to the Child(ren)’s needs, as noted.
• I accept responsibility and agree to indemnify the Released Parties for all the Child(ren)’s medical expenses incurred in connection with the Whistler Children’s Festival;
• I agree to defend and indemnify the Released Parties for any and all claims whatsoever brought by the Child(ren);
• I agree to defend and indemnify the Released Parties for any and all claims whatsoever brought by a third party arising in connection with the Child(ren); and
• I acknowledge that I am understanding and agreeing to this Release of Liability on behalf of the Child(ren), and that the Child(ren) will be bound by all terms of this Release of Liability.

4. This Release of Liability supersedes any other agreements or representations by or between the parties and is governed by the Laws of British Columbia and Canada and is intended to be interpreted as broadly as possible. I agree that exclusive jurisdiction and venue for any legal action shall be in the local Provincial Courts or the Federal Court of Canada in the Province of British Columbia. If any part of this agreement is found to be unenforceable, all other parts shall be given full force and effect.
5. By entering the festival grounds I agree personally and on behalf of the Child(ren) to have photo and video captured and used for promotional purposes by Arts Whistler and Tourism Whistler.

I agree to accompany the child(ren) in my care to any and all activities associated with the Whistler Children’s Festival. I have carefully read this release of liability and fully understand its contents. I represent that I am at least 18 years of age. I am aware that this is a release of a liability and I accept its terms and conditions of my own free will.