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RELEASE OF LIABILITY, WAIVER OF CLAIMS AND ASSUMPTION OF RISKS
Dated for reference this ____ day of __________________, 20____
BETWEEN:
__________________________________
__________________________________
__________________________________
(the “Promoter”)
AND:
City of Vernon
3400 – 30th Street
Vernon, BC
V1T 5E6
(“Vernon”)
AND:
Vernon Athletic Commission
3400 – 30th Street
Vernon, BC
V1T 5E6
(“Commission”)
GIVEN THAT:
A. The Vernon Council has established and appointed the Commission to make rules
regulating professional boxing, wresting and similar activities, contests and exhibitions;
B. The Promoter has applied to the Commission for a licence for the following event to be
held at the following place on the following date:
___________________________
___________________________
___________________________;
(the “Athletic Event”)
C. The Promoter had delivered to Vernon and the Commission this release of liability,
waiver of claims and assumption of risks agreement with the intention of protecting,
indemnifying, saving harmless, releasing and discharging Vernon and the Commission
from liability arising from the Athletic Event;
THIS AGREEMENT IS EVIDENCE THAT in consideration of payment of $10.00 by Vernon to
the Promoter and $10.00 by the Commission to the Promoter (the receipt of which is
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acknowledged by the Promoter), and in consideration of the terms and conditions of this
Agreement, the Promoter covenants and agreements with Vernon and the Commission as
follows:
1. The Promoter is liable for and shall indemnify and save harmless Vernon and its elected
and appointed officials, officers, employees, contractors, agents and others and the
Commission and its commissioners, officers, employees, contractors, agents and others
(collectively, the “Indemnitees”) from and against all lawsuits, actions, causes of action,
claims, demands, losses, costs, damages, expenses (including actual costs of professional
advisors) whatsoever incurred or suffered by the Indemnitees, including but not limited to
damage to or loss of property and loss of use of it, and injury to or death of a person or
persons resulting from or in connection with:
(a) the Athletic Event;
(b) any negligence, unlawful act or unlawful omission of the Promoter in relation to
the Athletic Event or the licence issued by the Commission for the Athletic Event;
(c) any act, omission or default by the Promoter or any of the Promoter’s
subcontractors, officers, employees, agents or others involved in or in relation to
the Athletic Event,
except if and to the extent in relation to a particular Indemnitee that the loss, costs,
damages or expenses are as a result of the negligence or unlawful act or unlawful
omission of the Indemnitee.
2. The Promoter shall defend, indemnify and hold harmless the Indemnitees from and
against all claims, demands, actions, proceedings and liabilities whatsoever and all costs
and expenses incurred in connection therewith and resulting from or in relation to the
Athletic Event, or the performance, purported performance or non-performance of this
agreement, excepting if and to the extent in relation to a particular Indemnitee the claim,
demand, action, proceeding or liability is based on the negligence, unlawful act or
unlawful omission of the Indemnitee.
3. Every Indemnitee seeking relief under Section 1 or 2 must deliver notice in writing,
setting out the facts, amount and nature of the claim, demand, action, proceeding or
liability, to the Promoter within 5 days of the date on which the Indemnitee became
aware of the claim, demand, action, proceeding or liability.
4. The Promoter must within 30 days of receipt of the written notice under Section 3 deliver
to the Indemnitee a written notice that it is disputing the claim, action, proceeding or
liability in the name of the Indemnitee at the cost of the Promoter.
5. The Promoter must take all reasonable steps to minimize and mitigate any loss, damage,
injury or death.
6. The Promoter remises, releases, and forever discharges the Indemnitees from all manner
of actions, causes of actions, suits, debts, accounts, covenants, contracts, claims and
demands which the Promoter may have against the Indemnitees for and by reason of any
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damage to or loss of property and loss of use of it, and injury to or death to a person or
persons resulting from or in connection with:
(a) the Athletic Event;
(b) any negligence, unlawful act or unlawful omission of the Promoter in relation to
the Athletic Event or the licence issued by the Commission for the Athletic Event;
(c) any act, omission or default by the Promoter or any of the Promoter’s
subcontractors, officers, employees, agents or others involved in or in relation to
the Athletic Event;
except if and to the extent in relation to a particular Indemnitee that such loss, costs,
damages or expenses are as a result of the negligence or unlawful act or unlawful
omission of the Indemnitee.
7. The Promoter waives any and all claims the Promoter has or may have in the future
against the Indemnitees for any damage to or loss of property and loss of use of it, and
injury to or death of a person or persons resulting from or in connection with:
(a) the Athletic Event;
(b) any negligence, unlawful act or unlawful omission of the Promoter in relation to
the Athletic Event or the licence issued by the Commission for the Athletic Event;
(c) any act, omission or default by the Promoter or any of the Promoter’s
subcontractors, officers, employees, agents or others involved in or in relation to
the Athletic Event;
except if and to the extent in relation to a particular Indemnitee loss, costs, damages or
expenses are as a result of the negligence or unlawful act or unlawful omission of the
Indemnitee.
8. In this Agreement, “Promoter” includes the heirs, executors, administrators, successors
and assigns of the Promoter.
9. The Promoter acknowledges that the Promoter has been advised by Vernon to seek
independent legal advice with respect to entering into this agreement and confirms the
promoter has had sufficient time to read and understand each provision of this agreement
in its entirety and the promoter agrees to the provisions of this agreement freely and
voluntarily.
10. The parties will do or cause to be done all things and execute or cause to be executed all
documents and give such further and other assurance which may be reasonably necessary
to give proper effect to the intent of this agreement.
11. Whenever the singular or masculine or neuter is used in this agreement, the same shall be
construed as including the plural, feminine, body corporate or politic unless the context
requires otherwise.
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12. If any section or lesser part of this agreement is found to be illegal or unenforceable, then
such sections or parts shall be severed from this agreement as though the unenforceable
parts or sections had never been included in this agreement.
13. An alleged waiver of any breach of this agreement is effective only if it is an express
waiver in writing of the breach in respect of which the waiver is asserted. A waiver of a
breach of this agreement does operate as a waiver of any other breach of this agreement.
14. This agreement is the entire agreement among the parties regarding its subject.
15. Time is of the essence hereof.
16. This agreement will be governed in all respects by and interpreted exclusively in
accordance with the laws of the Province of British Columbia.
[If Promoter an Individual]
Signed, Sealed and Delivered in the )
presence of: )
)
)
Name )
)
)
Address )
)
)
Occupation )
)
)
[If Promoter a Corporation]
)
The Corporate Seal of the _____________ )
was hereunto affixed in the presence of: )
) C/S
)
Authorized Signatory: )
)
)
Authorized Signatory: )
)
DATED the ____ day of __________________, 20____.
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)
The Corporate Seal of the City of Vernon )
was hereunto affixed in the presence of: )
) C/S
)
Authorized Signatory: )
)
)
Authorized Signatory: )
)
DATED the ____ day of _______________, 20____.
)
The Corporate Seal of the Vernon Athletic )
Commission was hereunto affixed in the )
presence of: )
)
)
Authorized Signatory: )
)
)
Authorized Signatory: )
DATED the ____ day of _______________, 20____.
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