Terms & Conditions

Release of Liability, Waiver of Claims and Assumption of Risks 

BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION 

PLEASE READ CAREFULLY 

In consideration of participating in the Firefighter Stairclimb Challenge organized and facilitated by Wellspring Alberta, the Calgary Fire Department, and MSA Safety Sales, LLC (collectively, the "Released Parties"), on June 9, 2024 (the "Activities"), and for other good and valuable consideration, I agree to all the terms and conditions set forth in this agreement (this "Agreement"). 

In further consideration of Brookfield Place (Calgary) LP, by its sole general partner, Brookfield Place (Calgary) GP Inc. (the "Company") permitting the individual named below ("I" or "me") to participate in the Activities, I agree to all the terms and conditions set forth in this Agreement. 

ASSUMPTION OF RISKS 

I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES INVOLVE MANY RISKS, DANGERS, AND HAZARDS, INCLUDING BUT NOT LIMITED TO THE RISK OF SERIOUS INJURY, DEATH, OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS, AND HAZARDS INVOLVED AND THE POSSIBILITY OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES, THE COMPANY OR OTHERWISE. 

I hereby expressly waive and release any and all claims which I have or may in the future have against the Released Parties, the Company, and their respective affiliates, mortgagees, property manager and their respective directors, officers, employees, agents, representatives, consultants, contractors, shareholders, successors and assigns (collectively, "Releasees"), on account of injury, death, or property damage arising out of or attributable to my participation in the Activities, due to any cause whatsoever, including without limitation, the negligence of the Released Parties, the Company or any other Releasee, breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation or otherwise. I covenant not to make or bring any such claim against the Released Parties, the Company or any other Releasee in any capacity, and forever release and discharge the Released Parties, the Company and all other Releasees from liability under such claims. 

I HEREBY further expressly waive and release any and all claims, now known or hereafter known, against the Releasees on account of injury, illness, disability, death, or property damage arising out of or attributable to the Activities, without limitation, being exposed to or contracting the 2019 novel coronavirus disease (COVID-19), whether arising out of the ordinary negligence of the Releasees or otherwise. I covenant not to make or bring any such claim against the Releasees, and forever release and discharge the Releasees from liability under such claims. 

I, HEREBY further agree and acknowledge that: 

1. I have met all the prerequisites required for participation in the Activities and shall abide by the rules and regulations imposed on the participants in the Activities. I have voluntarily agreed to participate in the Activities and agree that it remains my sole responsibility to conduct myself in a manner that ensures my own safety. 
2. If I am injured as a result of participating in the Activities, the Releasees may secure such medical advice and services as they, in their sole discretion(s), may deem necessary for my health and safety and I shall be financially responsible for such advice and services. 
3. I grant the Released Parties permission to use, for promotional purposes only, any film, footage, audio tapes and/or photographs of myself, in whole or in part, taken of me while participating in the Activities. I further relinquish any monetary claim against the Released Parties, and agree that the film, footage, audio tapes and/or photographs may be duplicated and distributed for the educational and promotional purposes of the Released Parties. 

I SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES, THE COMPANY AND ALL OTHER RELEASEES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE LEGAL FEES, IN CONNECTION WITH ANY THIRD-PARTY CLAIM, SUIT, ACTION, OR PROCEEDING ARISING OUT OF OR RESULTING FROM THE ACTIVITIES. 

This Agreement constitutes the entire agreement of the Released Parties, the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall enure to the benefit of me and my heirs and next of kin, and the Released Parties, the Company and its successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of Alberta and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of Alberta, and I hereby consent to the exclusive jurisdiction of such courts.  

I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF MY EXECUTORS, ADMINISTRATORS, AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES, THE COMPANY AND THE RELEASEES.