Terms & Conditions
SINAI HEALTH SYSTEM FOUNDATION
Raptors for Research: Release and Waiver of Liability and Covid-19 assumption of risk and liability waiver, release and indemnity agreement.
Please carefully review the following release and waiver of liability. You must agree to the terms and conditions below in order to participate in Raptors for Research.
Raptors for Research is Canada’s premier 3x3 basketball tournament held in partnership with the Toronto Raptors. It supports Sinai Health’s Lunenfeld-Tanenbaum Research Institute (LTRI).
I wish to participate in the "Raptors for Research" event (the "Event") benefiting Sinai Health Foundation scheduled to take place in Vaughan on March 5, 2023 and event finals to take place in Toronto on March 7, 2023, and I agree to abide by all rules, regulations and instructions for the Event, as well as all applicable municipal and provincial laws and regulations.
I represent and warrant that I am over the age of 18 years of age, in good health and physical condition, and acknowledge and understand that participation in and attendance at the Event involves certain risks and dangers of accidents, serious personal and bodily injury, including death, and property loss or damage either specifically as a result of participation in the Event or generally in connection with my attendance thereat and transportation therefrom. I understand, have considered and evaluated the nature, scope, and extent of the risks involved, and I voluntarily and freely choose to assume these risks.
I fully and forever release, discharge and indemnify Sinai Health Foundation and Power Play Production Group Inc and each and each of their parent companies, affiliates, divisions, subsidiaries, directors, officers, employees, agents, insurers, assigns and successors, together with all Event directors, volunteers, staff, coaches, training and medical personnel (collectively, the “Released Parties”) of and from any and all causes of action, lawsuits, losses, damages, injuries howsoever occurring, whether by negligence or otherwise (including death), claims, demands, sums, costs, expenses (including legal fees and disbursements), and any other liability of any kind, of or to me or the Participant or any other person, directly or indirectly arising out of or in connection with the Event, including, without limitation, participation of the Participant in the Event, including, without limitation, transportation related to the Event.
I agree not to initiate any lawsuit, court action or other legal proceeding against the Released Parties, nor join or assist in the prosecution of any claim for money damages which anyone may have, on account of loss, damage, or injury sustained by me or others, howsoever occurring, whether by negligence or otherwise, in connection with my participation in and attendance at the Event, and I waive any right I may have to do so. This means that I cannot sue to hold the Released Parties responsible for any loss, damage, or injury that I may experience related to the Event including, without limitation, transportation related to the Event.
I waive my insurers’ right to make a claim against the Released Parties based on insurance payments made to me or on my behalf for any reason. This means my insurers have no right of subrogation.
I agree to hold harmless, indemnify and reimburse the Released Parties from and for any sums, costs, or expenses (including legal fees and disbursements) incurred or suffered by any of the Released.
Parties or paid by them to any person (including me or my insurers) in connection with any accident, loss, damage, injuries, howsoever occurring, whether by negligence or otherwise (including death), claims, demands, lawsuits, expenses and any other liability of any kind, sustained by me or others in connection with my participation in the Event. This means that I will reimburse the Released Parties if anyone makes a claim against them based on damages or injuries I suffer.
I understand that the Released Parties do not provide any insurance, either life, medical or liability, for any illness, accident, injury, loss, or damage that may arise in connection with my participation in and attendance at the Event. If I want insurance of any kind, I must obtain my own. I will pay my own medical emergency expenses and all subsequent medical expenses in the event of any illness, accident, or injury in connection with the Event.
I acknowledge that if any portion of this Acknowledgement, Release and Waiver is held to be invalid or unenforceable, all other provisions shall nevertheless continue to be valid and enforceable. This Acknowledgement, Release and Waiver supersedes any oral or written statements made by or to me in connection with the Event. I understand that I cannot terminate, cancel or revoke this Acknowledgement, Release and Waiver for any reason.
I agree that, in the event of a medical emergency, unless otherwise indicated by me, I hereby authorize and permit the Released Parties and Event personnel to administer first aid to me and to authorize such other medical treatment and transportation as may be recommended by physicians, paramedics and other medical personnel, in the event of any illness, accident or injury to me.
I give and grant perpetually to Sinai Health Foundation and its respective affiliates, licensees, employees and agents, exclusively, the irrevocable right (including, without limitation, all now and hereafter existing common law, statutory and moral rights throughout the world and regardless of whether or not such rights are now known) to use my name, address, photograph, image and likeness, and voice (the “Attributes”) in any and all publicity purposes, commercial or otherwise, in any and all media without compensation or further notification including, without limitation, the perpetual and unlimited right to reproduce (by electrical transcription, tape or other recording process whether now known or hereafter developed) any materials produced by Sinai Health Foundation incorporating the Attributes, and the complete and unencumbered right throughout the world, to exhibit, record, reproduce, broadcast, transmit, publish, sell, distribute, perform and use for any purpose, in any manner, by any means and in any medium, whether now known or hereafter developed, all or any part or parts of the matter and things referred to in this paragraph. I acknowledge that I shall not have or claim to have any right, title or interest in or to any materials produced hereunder incorporating the Attributes;
I further agree that this document is governed by the laws of the Province of Ontario and operates to the benefit of the Released Parties as well as their administrators, successors and assigns, and is binding on me and my heirs, administrators, successors, assigns, insurers and estate.
I HAVE READ THIS ACKNOWLEDGEMENT, RELEASE AND WAIVER FORM CAREFULLY, AND I HAVE HAD AN OPPORTUNITY TO ASK QUESTIONS TO RAPTORSFORRESEARCH@SINAIHEALTHFOUNDATION.CA . I FULLY UNDERSTAND ITS CONTENT, AND VOLUNTARILY AGREE TO ITS TERMS. BY SIGNING THIS ACKNOWLEDGEMENT, RELEASE AND WAIVER, I UNDERSTAND THAT I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
SINAI HEALTH SYSTEM FOUNDATION
COVID-19 ASSUMPTION OF RISK AND LIABILITY WAIVER, RELEASE AND INDEMNITY AGREEMENT
? Please read this Agreement carefully. This is intended to be a legally binding document which affects your legal rights. BY Signing this agreement you will waive certain legal rights including the right to sue on your own behalf and on behalf of the your personal representatives, heirs and next of kin. If you have any questions regarding any provisions contained in this Agreement, you are advised to consult an independent Lawyer before signing.
- Description of Event
By signing this Agreement, I, the Participant agree to being permitted to attend and participate in the Raptors for Research for Sinai Health System Foundation (“SHSF”) to take place on March 5 and March 7, 2023 (hereafter referred to as the “Event”), upon the terms and conditions set out in this Agreement.
- COVID-19 (and Similarly Transmitted Contagions) Acknowledgement and Assumption of Risks
- Acknowledgement of Risks: I acknowledge that the novel coronavirus, COVID-19, is a highly contagious virus that causes respiratory illness, among other symptoms, and can be spread through person-to-person contact, as well as respiratory droplets, and contact with surfaces previously touched by an infected person. COVID-19 is a new disease, much of which is yet unknown. SHSF does not profess expertise about COVID-19. Participants should gather their own information from experts/reliable sources concerning COVID-19 and develop their own opinions about the risks involved in participating in any activity, including the Event. Known risks of contracting COVID-19 include, but are not limited to, respiratory illnesses, as well as potential death. Some infected with COVID-19 may be asymptomatic and not know they are infected. Therefore, there is a risk of contracting COVID-19 even if those you interact with do not exhibit any symptoms. Even persons who have received two vaccinations may carry and pass on Covid-19. There are also other contagions that are transmitted in a similar manner.
- Assumption of Risks: I hereby voluntarily assume the risks of participation at the Event described above, inherent and otherwise, known or unknown, which may be encountered as a result of my participation at the Event (hereafter referred to as the “COVID-19 Risks”). My participation at the Event is purely voluntary, and I elect to participate in spite of the COVID-19 Risks. I understand that the risk of becoming exposed to, or infected by, COVID-19 while participating at the Event may result from the actions, omissions, or negligence of myself or others. I voluntarily agree to assume all of the foregoing COVID-19 Risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability or expense, of any kind, that I may experience or incur in connection with my participation and attendance at the Event.
- COVID-19 Liability Release, Waiver and Indemnity
I, personally and on behalf of my personal representatives, heirs and next of kin, hereby voluntarily release, covenant not to sue, forever discharge, and agree to indemnify and hold harmless SHSF, Sinai Health System, Event sponsors and their respective past, present and future directors, officers, members, employees, volunteers, contractors, representatives and agents, from any and all claims, lawsuits, demands, expenses, losses, liabilities, actions or causes of action, arising directly or indirectly out of any COVID-19 or similarly transmitted contagion related illness, infection, injury, disability, death or other loss or damage to person or property, which may arise or is alleged to arise through or as a result of participation and attendance at the Event.
4. Representation and Warranty
- By signing below, I represent and warrant that I have received two vaccines against COVID-19 and that two weeks have passed since receiving my second shot.
- By signing below, I also represent and warrant that I WILL NOT ATTEND the Event if
- I have been in close contact with a person diagnosed or suspected as positive with COVID-19. For the purposes of this representation and warranty “close contact“ is defined as being within approximately 6 feet (2 meters) of a COVID-19 confirmed case (or medically diagnosed as a suspected COVID-19 case for more than 15 minutes OR having direct contact with infectious secretions (cough, sneeze ) of a COVID-19 confirmed case (within the last 14 days); and/or.
- I have recently undergone COVID-19 testing and am awaiting those results.
- I have a positive result of a recent COVID-19 test and am still in quarantine at the time of the Event.
- On the day on which I should be attending the event I have one or more of the following symptoms:
- Cough, new or worsening
- Fever of 37.8 C or higher
- Shortness of breath, difficulty breathing
- Decrease or loss of taste or smell
- Over 18 years of age: Unexplained fatigue, malaise, muscle aches
- Under 18 years of age: Nausea, vomiting, diarrhea, abdominal pain
- By signing below, I also represent and warrant that if I have been travelling outside Canada and returned within 14 days of the Event I shall produce a negative result of a COVID-19 test shown on re-entering Canada, upon entering the Event. I understand that failure to present this result will in itself result in refusal of entry to the Event.
- Governing Law
I understand and agree that this Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario, Canada. Any action, proceeding or litigation concerning this Agreement may only be brought in the court of competent jurisdiction in the City of Toronto, in the Province of Ontario, Canada.
- Invalidity of Any Clause
I understand and agree that in the event any clause, sentence, or provision of this Agreement shall be held to be invalid or unenforceable by the court of competent jurisdiction in the Province of Ontario, Canada, the invalidity or unenforceability of such clause, sentence or provision shall not affect the validity or enforceability of the remaining provisions
I acknowledge that I have carefully read this Agreement, and fully understand its contents and binding effect. I HAVE READ THIS ACKNOWLEDGEMENT, RELEASE AND WAIVER FORM CAREFULLY, AND I HAVE HAD AN OPPORTUNITY TO ASK QUESTIONS TO RAPTORSFORRESEARCH@SINAIHEALTHFOUNDATION.CA . In entering this agreement I am not relying on any oral or written representations or statements made by the Releasees OTHER THAN WHAT IS SET FORTH IN THIS AGREEMENT. I acknowledge that I have had the opportunity to have this Agreement independently reviewed by a Lawyer prior to the time I signed it. I understand that this Agreement is a legal contract between myself and SINAI HEALTH SYSTEM FOUNDATION AND The Releasees named HEREIN, that affects my legal rights and those of My Personal Representatives, Heirs and Next of Kin, which is intended to be as broad and inclusive as permitted by the laws of the province of Ontario, Canada. I represent and warrant that I am signing this Agreement knowingly, voluntarily and of my own free will, THAT I AM at least 18 YEARS OF AGE, AM OF SOUND MIND AND POSSESS Full Legal Capacity TO ENTER INTO CONTRACTS ON MY OWN BEHALF.