Terms & Conditions
SINAI HEALTH FOUNDATION
Raptors for Research: Waiver and Release of Liability and Covid-19 assumption of risk and liability waiver, release and indemnity agreement.
Please carefully review the following Waiver and Release 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 3, 2024, 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 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, Sinai Health System, Power Play Production Group Inc 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 represent and warrant that I will be at least 16 years old at the time of the Event. If I am under the age of 18, I understand I MUST have a guardian accompany me on the Event as a fellow registered participant or a spectator.
I understand that the Event may be delayed, postponed or canceled due to circumstances or occurrences not under the control of the Event organizers, including without limitation, adverse weather, acts of God, fires, floods, explosions riots, wars, sabotage, terrorism, vandalism, accidents, epidemics, pandemics, governmental acts, injunctions, strikes and other like events. I understand that the Event may be delayed, postponed or canceled if recommended by government or healthcare professionals.
I understand that all donations processed by Sinai Health Foundation for Raptors for Research are non-refundable and non-transferable, even if I do not participate or volunteer in the Event for any reason whatsoever.
I give permission to Raptors for Research, Sinai Health Foundation and Sinai Health System for the free use of my name, photograph, voice, or likeness, in any broadcast, telecast, advertising promotion, or other account of the Event or marketing or promotion for future or similar events, and waive any rights of privacy I may have in that regard.
I understand and consent that I will periodically be receiving mobile and electronic communications related to my participation or volunteering in the Event, including electronically.
I have carefully read this Waiver and Release and fully understand its contents. I am aware that this is a release of liability and a binding contract between myself and the persons and entities mentioned above, and I sign it of my own free will. I understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing this Waiver and Release freely and voluntarily, and intend by my signature for this to be a complete and unconditional release of all liability to the greatest extent allowed by the law.
Sinai Health System
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.
1. Description of Event
By signing this Agreement, I agree to being permitted to attend and participate in the Raptors for Research for Sinai Health System Foundation (“SHSF”) to take place on March 3, 2024 (hereafter referred to as the “Event”), upon the terms and conditions set out in this Agreement.
2. 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.
3. 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 Sinai Health Foundation, Sinai Health System, Event sponsors and their respective past, present and future directors, officers, members, employees, volunteers, contractors, representative 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.
5. 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.
6. 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. 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 AND THE RELEASEES NAMED HEREIN, THAT AFFECTS MY LEGAL RIGHTS AND THOSE OF MY PERSONAL REPRESENTATIVES, HEIRS, 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 OR HAVE A PARENT OR GUARDIAN TO SIGN ON MY BEHALF IF I AM UNDER 18 YEARS OF AGE, I AM OF SOUND MIND AND POSSESS FULL LEGAL CAPACITY TO ENTER INTO CONTRACTS ON MY OWN BEHALF.