ACKNOWLEDGEMENT, ASSUMPTION OF RISKS, WAIVER AND RELEASE OF CLAIMS
PLEASE READ CAREFULLY
Here at Sweet Pea Café & Playhouse Ltd.; 2232681 Alberta Ltd. o/a (Sweet Pea.) (“Sweet Pea”), the safety and wellbeing of our guests has, and continues to be our top priority. In order to provide our guests with a safe, and enjoyable Playhouse and food service environment, while at the same time doing our best to prevent the spread of COVID-19, we will now require that all guests on the Playhouse side sign this Acknowledgement, Assumption of Risks and Waiver and Release of Claims Agreement prior to engaging in any activities at Sweet Pea Playhouse facilities (the “Facilities”), including the provision of a staff member to assist guests and the provision of food (the “Services”). In order to best ensure your own safety, as well as the safety of our other guests and our staff, PLEASE READ THE BELOW CAREFULLY, AND SIGN THIS DOCUMENT ONLY IF EACH STATEMENT BELOW IS CORRECT IN RESPECT OF YOURSELF:
- I am not currently experiencing COVID-19 symptoms, nor have I experienced COVID-19 symptoms in the last 14 days.
- I have not travelled outside of Canada or in an area under a travel health advisory in the last 14 days.
- I have not provided care or had close contact with any person:
- with COVID-19;
- reasonably suspected of having COVID-19;
- who travelled outside of Canada in the last 14 days; or
- who travelled in an area under a travel health advisory in the last 14 days.
- I have not been advised by the Government of Canada, Alberta Health Services Authority (or a similar public health authority or government health website), the Provincial Health Officer a doctor or a health care worker to self-isolate due to possible exposure to COVID-19.
- I agree that for the duration of the event on the Playhouse side of Sweet Pea that I will remain in that space (or outside at the patio) and not go onto the Café side of the premises.
- I acknowledge that it is recommended that I wear a face mask in the event that I can not appropriately social distance while I am on the Sweet Pea premises.
ASSUMPTION OF RISK AND INFORMED CONSENT
I hereby acknowledge that:
- I am fully aware of the risks and hazards with respect to COVID-19 inherent in my attendance at the Facilities and participation in the Services.
- I freely accept and fully and voluntarily agree to assume, and assume on behalf of my minor children, without qualification or limitation, the risks with respect to COVID-19, including, but not limited to, the risk of illness, bodily injury, death, property damage or loss, that I may sustain as a result of my participation in the Services or attendance at the Facilities, howsoever arising, including, but not limited to, the active or passive negligence of Sweet Pea, and each of its current or future directors, officers, employees, agents and representatives (all of whom are hereinafter collectively referred to as the “Releasees”).
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of Sweet Pea allowing my access to and use of the Facilities and participation in the Services, and for other good and valuable consideration, I hereby agree:
- To waive any and all claimsthat I have or may in the future have against the Releasees and to release the Releasees from any and all claims and liability (except as prevented by statute) arising from any injury, including death, loss, damage, cost or relief of any kind due to or associated with COVID-19 whatsoever, including claims resulting from, arising out of, or in any way connected with (i) attendance at the Facilities, (ii) the use of the Services, (iii) the negligence, gross negligence, or breach of contract on the part of the Releasees.
- To hold harmless and indemnify the Releaseesfrom any and all claims or liability for any damage to property of, or personal injury to, any third party, due to or associated with COVID-19 resulting from my attendance at the Facilities, condition or use of any Services, or participation in Sweet Pea activities of any kind.
- This agreement shall be effective and bindingupon my heirs, next of kin, executors, administrators, assigns and representatives in the event of my death or incapacity.
Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement
BY ACCEPTING THIS AGREEMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ CAREFULLY AS THIS IS A LEGALLY BINDING AGREEMENT
TO: Sweet Pea Café & Playhouse Ltd., its directors, officers, employees, volunteers, agents, affiliates, guests, representatives, successors and assigns, (herein after “Sweet Pea Playhouse”)
As a consideration for being allowed to enter the premises of the playhouse play area, and participate in any party, activity, and/or program at Sweet Pea Playhouse, the undersigned, on his or her behalf, and on behalf of the Participant(s) identified below, acknowledges, appreciates, understands and agrees to the following:
- I am the parent or legal guardian of the below named Participant(s), or I have obtained permission from the parent/legal guardian of the Participant(s) named below to execute the Agreement on their behalf.
- I grant Sweet Pea Playhouse the right, without reservation or limitation, to record me, and or the Participant(s) on close circuit television without compensation to me, or the Participant(s).
- I acknowledge that the use of the facilities and equipment at Sweet Pea Playhouse by myself and the Participant(s) in programs and activities offered by Sweet Pea Playhouse involves many risks and dangers including but not limited to: falling, failure of the equipment, loss of balance and control, collision with walls, equipment, structures, or the floor; collision with other persons; illness or trauma; the proximity of medical care which may or may not be readily available; the failure to act safely or within one’s own ability, or to stay within designated play areas; negligence of other participants and/or other persons; and negligence on the part of Sweet Pea Playhouse, including failure on the part of Sweet Pea Playhouse or its staff to safeguard and protect me or the Participant(s) from the risks, dangers, and hazards of the activities; theft, damage or loss to any vehicle that is parked in the parking lot servicing the Sweet Pea Playhouse premises (the “Premises”) or theft, damage or loss of personal property brought onto the Premises.
- I willingly assume the risks associated with entering the Premises and participating, and accept that there are also risks that may arise due to other participants, which I also willingly assume on behalf of myself, and the named Participant(s).
- I will not leave the Premises, and I do not relinquish my obligation and responsibility to supervise the Participant(s). I understand the Sweet Pea Playhouse does not assume responsibility for the supervision of the Participant(s) while on the premises.
- I agree to co-operate fully with Sweet Pea Playhouse staff while on the Premises, and abide by, and ensure that the Participant(s) are abiding by all policies and rules of Sweet Pea Playhouse and the verbal instructions of the staff. I understand that Sweet Pea Playhouse reserves the right to revoke or terminate my use of the facilities at Sweet Pea Playhouse without compensation for any violation of rules, regulations or policies, and at the sole discretion of Sweet Pea Playhouse.
- I acknowledge that myself, and the Participant(s) are physically able to participate, and I am legally competent to understand and complete this Agreement. I hereby execute this Agreement freely and without coercion or inducement.
- On my own behalf, and on behalf of the Participant(s), I hereby voluntarily WAIVE ANY AND ALL CLAIMS that I have or may have in the future against Sweet Pea Playhouse and voluntarily RELEASE and FOREVER DISCHARGE Sweet Pea Playhouse from any and all liability for any loss, damage, expense or injury including death suffered by me and/or the Participant(s) or that our next of kin may suffer resulting from either the use by any of us of the Sweet Pea Playhouse Premises, facilities or equipment or the presence of any of us on the Premises, or the participation of any of us in the programs or activities offered by Sweet Pea Playhouse due to breach of contract, mistakes or errors in judgment, or from injuries resulting from breakdown or failure of the equipment, or poor design, or placement of any equipment, theft, damage to or loss of personal property, and also including the failure on the part of Sweet Pea Playhouse to safeguard or protect me, and or the Participant(s) from the risks, dangers and hazards of the activities referred to above.
- If emergency First Aid is rendered, I understand that I am waiving any and all claims resulting from the First Aid, and all the terms and provisions of this Agreement shall remain in full force and effect under those circumstances.
- On my own behalf, and on behalf of the Participant(s) I hereby HOLD HARMLESS AND INDEMNIFY Sweet Pea Playhouse from any and all liability for any damage to property or personal injury to any third party, resulting from the Participant(s) or my use of, or presence on the Premises and/or use of the Sweet Pea Playhouse facilities and equipment or participation in the programs and activities offered by Sweet Pea Playhouse.
- I agree to INDEMNIFY AND HOLD HARMLESS Sweet Pea Playhouse for any legal cost or expense, or anyone acting on its behalf arising from any and all claims, injuries, liabilities or damages arising from participation in any play, parties or activities at Sweet Pea Playhouse.
- The invalidity or unenforceability of any provision of this Agreement shall not affect the validity and enforceability of any other provision of this Agreement, which shall remain in full force and effect.
- This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity and shall be binding on the heirs, next of kin, executors, administrators, assigns and representatives of the Participant(s), in the event of the death or incapacity of the Participant(s).
- This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Alberta and no other jurisdiction. Any litigation involving the parties to this Agreement shall be brought solely in the City of Edmonton, in the Province of Alberta.
- By entering this Agreement I am not relying upon any oral or written representations or statements made by Sweet Pea Playhouse with respect to the safety of the activities or the Premises other than what is set forth in this Agreement.
- This Agreement is irrevocable and shall apply to future visits to the Premises and all future use of the facilities and equipment of Sweet Pea Playhouse and participation in its programs or activities by myself, or the Participant(s).
- I HAVE READ AND UNDERSTOOD THIS ENTIRE AGREEMENTAND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR THE PARTICIPANT(S) OR OUR HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST SWEET PEA PLAYHOUSE.