- Personal Info: I understand that Gujarati Mandal of Calgary must collect, retain and use my personal information to enroll me as a member(s), enable me to participate in the Program(s) that they may hold, provide information relating to activities & events and permit them to obtain payment, and I consent to such collection, retention, and use of information provided it will not be used for commercial purposes. By checking the “I AGREE” box you are agreeing to these terms.
- Photography Waiver: I agree that Gujarati Mandal of Calgary will do photography of different events. Gujarati Mandal of Calgary has the rights to post event photos on mandal website and other events to advertise mandal activity. For more information, please refer to Gujarati Mandal Bylaws.
- Liability Waiver: I understand and agree that I am solely responsible for my behavior and that of my family members and will obey all the rules and regulations pertaining to the events and all related activities organized by the Gujarati Mandal of Calgary. I understand that the Gujarati Mandal of Calgary and its officers, directors, employees, volunteers and other affiliates are not responsible for any injury, loss or damage of any kind sustained by me or any members of my family. I acknowledge that I understand and accept the risks associated with these events and activities and consent to my and members of family’s participation in these events and all related activities. By completing and submitting this form I agree to these statements.
- SPORTS PARTICIPANT WAIVER
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AND PARENTAL CONSENT AGREEMENT (“AGREEMENT”)
IN CONSIDERATION of being permitted to participate in any Gujarati Mandal of Calgary Sports activities. I, for myself for personal representatives, assigns, heirs, and next of kin:
ACKNOWLEDGE, agree, and represent that I understand the nature of Sports Activities and that I am qualified, in good health, and in proper physical condition to participate in such Activities I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity.
FULLY UNDERSTAND THAT: (a) SPORTS ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY,
PARALYSIS, AND DEATH (“RISKS”); (b) these Risks and dangers may be caused by my own actions or inaction’s, the actions or inaction’s of others participating in the Activity, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE “RELEASEES” NAMED BELOW; (c) there may be OTHER RISK AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation or that of the minor in the Activity.
HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE Gujarati Mandal of Calgary, their respective, organizer, agents, officers, members, volunteers, other participants, any sponsors, advertisers, and, if applicable owner of premises on which the Activity takes place, (each considered one of the “RELEASEES” herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, DAMAGES OR DEATH ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS AND I FURTHER
AGREE that if despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releases, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as the result of such claim.
GRANT TO GUJARATI MANDAL OF CALGARY AND ITS SUCCESSORS AND ASSIGNS, THE IRREVOCABLE, PERPETUAL, ROYALTY FREE, WORLDWIDE, SUBLICENSABLE AND UNRESTRICTED RIGHT TO USE AND PUBLISH MY NAME, VOICE, LIKENESS, IMAGE, ANY PHOTOGRAPHS OF ME, OR ANY MATERIALS IN WHICH I MAY BE INCLUDED, FOR EDITORIAL, TRADE, ADVERTISING, AND ANY OTHER PURPOSE AND IN ANY MANNER AND MEDIUM; and to alter and
composite the same WITHOUT RESTRICTION AND WITHOUT MY INSPECTION OR APPROVAL. I hereby release GUJARATI MANDAL OF CALGARY from all claims and liability relating to any of the foregoing, including but not limited to any claims based on rights of privacy or publicity.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
AND I, THE MINOR’S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF SPORTS ACTIVITIES AND THE MINOR’S EXPERIENCE AND CAPABILITIES AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS EACH OF THE RELEASEE’S FROM ALL LIABILITY CLAIMS, DEMANDS, LOSSES, D A M A G E S OR DEATH ON THE MINOR’S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATION AND FURTHER AGREE THAT IF, DESPITE THIS RELEASE, I, THE MINOR, OR ANYONE ON THE MINOR’S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASEES NAMED ABOVE, I WILL INDEMNITY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE, OR COST ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM. I GRANT TO GUJARATI MANDAL OF CALGARY AND ITS SUCCESSORS AND ASSIGNS, THE IRREVOCABLE, PERPETUAL, ROYALTY FREE, WORLDWIDE, SUBLICENSABLE AND UNRESTRICTED RIGHT TO USE AND PUBLISH MINOR’S OR MY NAME, VOICE, LIKENESS, OR IMAGE; ANY PHOTOGRAPHS OF MINOR OR ME; OR ANY MATERIALS IN WHICH MINOR OR I MAY BE INCLUDED, FOR EDITORIAL, TRADE, ADVERTISING, AND ANY OTHER PURPOSE AND IN ANY MANNER AND MEDIUM; and to alter and composite the same WITHOUT RESTRICTION AND WITHOUT MY INSPECTION OR APPROVAL.
I hereby release GUJARATI MANDAL OF CALGARY from all claims and liability relating to any of the foregoing, including but not limited to any claims based on rights of privacy or publicity.
- FIELD TRIP WAIVER
In consideration of my acceptance for participation in the activities of the Field Trip, I, on my own behalf and on behalf of my heirs, successors, assigns, administrators and executors, acknowledge and accept all risks for the injuries and damages which may be suffered by me including, but not limited to, serious personal injuries, property damage and death and to the fullest extent allowed by law, agree to irrevocably waive, release, remise, quitclaim and forever discharge from and against any and all manner of actions, causes of action, suits, proceedings, obligations, liabilities, duties, claims, damages and demands whatsoever, whether known or unknown, which I had, now have, can, shall or may hereafter have against Gujarati Mandal of Calgary, its respective officers, members, servants, agents, volunteers, representatives, and insurers, past present or future, and for any person claiming through or under them, arising from, out of, or in connection with the Field Trip. Gujarati Mandal of Calgary shall not be liable in any manner whatsoever for any Injuries and Damages suffered by me, however, caused, including by any act of negligence.
I also agree to indemnify and save harmless Gujarati Mandal of Calgary with respect to any claim or action which may be brought against it by or on behalf of my heirs, successors, assigns, administrators and executors, and this release shall ensure to the benefit of Gujarati Mandal of Calgary and shall be binding on my heirs, successors, assigns, administrators and executors.
I have read this agreement in its entirety and freely and voluntarily assume all risks of such Injuries and Damages and notwithstanding such risk, I agree to participate in the Field Trip.
You acknowledge that the content included on this site, including but not limited to text, graphics, logos, button icons, images, audio clips, software, and the selection and arrangements thereof, is and shall remain the sole and exclusive property of Gujarati Mandal of Calgary or its content suppliers and protected by Canadian and international copyright laws. Absent the consent of Gujarati Mandal of Calgary, the content on this site may be used for personal, non-commercial use only. Any other use, including the reproduction, modification, distribution, republication or display, of the content on this site, is strictly prohibited and an infringement of copyright or proprietary rights in the information.
The Gujarati Mandal of Calgary name, trade names, trademarks and logo, and all related product and service names, design marks and slogans are the trademarks, service marks or registered trademarks of Gujarati Mandal of Calgary or its affiliates and may not be used in any commercial manner without the prior written consent of Gujarati Mandal of Calgary. All other products and service marks contained on the site are the trademarks of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, or otherwise does not necessarily constitute or imply the endorsement, sponsorship or recommendation by Gujarati Mandal of Calgary.
THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS CONTAINED IN OR PROVIDED OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GUJARATI MANDAL OF CALGARY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM ERROR, INTERRUPTION, COMPUTER VIRUS, OR OTHER HARMFUL COMPONENTS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, GUJARATI MANDAL OF CALGARY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. GUJARATI MANDAL OF CALGARY HAS THE RIGHT TO MAKE CHANGES AND UPDATES TO ANY INFORMATION AVAILABLE THROUGH THE SITE WITHOUT PRIOR NOTICE.
This site may provide links or references to other websites. However, Gujarati Mandal of Calgary has no control over or responsibility for the content of third party sites and transactions that occur therein. Gujarati Mandal of Calgary has provided links to other sites merely as a convenience to users, and shall not be liable for any damages or injury arising from content on such third party websites or transactions occurring therein. The terms and conditions and privacy policies governing this site may differ significantly from the policies of third party websites. There are risks in using any information, software, or products found on the Internet or in otherwise entering transactions through the Internet. Accordingly, Gujarati Mandal of Calgary cautions you to make certain you understand these risks and any applicable policies of third party websites before retrieving, using, relying upon, or purchasing anything, or before otherwise transacting, via the Internet.
- Limitation of Liability
IN NO EVENT SHALL GUJARATI MANDAL OF CALGARY OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF GUJARATI MANDAL OF CALGARY OR ITS AFFILIATES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, CONTENT, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE OR THE INTERNET GENERALLY.
Because some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations may not apply to you. In such jurisdictions, Gujarati Mandal of Calgary’s liability is limited to the greatest extent permitted by law.
You agree to indemnify and hold Gujarati Mandal of Calgary’s, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the site, your violation of these terms and conditions or your infringement of any intellectual property or other right of any person or entity.
- Governing Law; Arbitration
These terms and conditions, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the Province of Alberta. Any dispute arising between you and Gujarati Mandal of Calgary will be submitted to arbitration in the Province of Alberta in accordance with the rules of the standing judiciary committee then in effect. Nothing shall deprive you of the benefits of your province’s consumer protection laws.
You may address any concerns to Gujarati Mandal of Calgary by: