Parade Participant Indemnity and Waiver of Liability Agreement
Please Read Carefully – This Agreement Affects Your Legal Rights
To: The Downtown Windsor Business Association (hereinafter the “DWBIA”),, Scarehouse Windsor and The Corporation of the City of Windsor and the councillors, directors, officers, members, employees, volunteers, contractors and other agents of each, plus the successors and assigns of each of the foregoing (collectively the “Released Parties”)
As a Participant, I acknowledge that I am participating voluntarily and fully understand and agree to the following terms:
Understanding and Assumption of Risks
Participation in the 2024 Zombie Walk & Parade involves various risks, dangers and hazards, which all Participants are required to assume. The Participant hereby freely accepts and fully assumes all such risks, dangers and hazards and the possibility of personal injury, bodily injury, death, and property loss resulting from participation. More specifically examples of such risks, include without limitation:
- This is an outdoor event at a time of year when there may be inclement weather including heavy rain, lightening and tornados which in turn may involve falling and flying objects, floods and other risks. In contrast it is also possible that hot weather may be experienced with associated risks of heat and sun exposure including without limitation sunburn, heat exhaustion or heat stroke. This event takes place in public areas including, without limitation public streets and sidewalks and there may be rough, uneven or slippery surfaces and debris which may present a variety of risks including but not limited to falling and tripping. Further there may be cars, bicycles, scooters and other users presenting a variety of risks including without limitation collision.
- This event involves parade equipment and performances which may include but not be limited to floats, music, projectiles, marching bands, scary characters, clowns and animals presenting a variety of risks including but not limited to very loud and startling noises, emotional upset, being hit with flying objects, and collision with motor vehicles.
- This event involves crowds of people presenting a variety of risks including without limitation the spread of infectious diseases.
- This event involves people who may be in costume and whose identities may not be known or obscured presenting a variety of risks including but without limitation that the environment may prompt illegal activity and in the event of illegal activity or activity that causes damage the identities of the wrongdoers may be difficult or impossible to ascertain.
- Various media and others may be present who take pictures, record video including images and sound presenting a variety of risks that include without limitation that your personal information will be collected, use and/or disclosed without your consent.
Duty to Notify About Risks
If the Participant observes a hazard or unsafe condition the Participant agrees to notify those in authority and remove themself from the situation.
Release
In consideration of being granted permission to participate in the Zombie Walk & Parade, the Participant hereby for themself, their heirs, executors, administrators, or any others who may claim on their behalf, covenant not to sue, and hereby waive, release and discharge the DWBIA and Released Parties from any and all claims of liability for personal injury, illness, loss of life or property damage of any kind or nature, arising out of or sustained in the course of the Participant’s participation.
Indemnity
In consideration of being granted permission to participate in the Zombie Walk & Parade, the Participant agrees to hold harmless and indemnify the DWBIA and Released Parties from any and all liability, loss, claims, demands, costs and expenses, including reasonable legal fees, due to any personal injury, illness, loss of life or property damage arising from the Participant’s participation n the Zombie Walk & Parade.
Rules
The Participant agrees to comply with all rules, instructions, and directions of the DWBIA staff and representatives, and as outlined in the Zombie Walk & Parade Policies herein. The Participant understands and agrees that a failure to comply with the Rules will result in their participation in the Zombie Walk & Parade being terminated with immediate effect and that they may be required to remove themselves forthwith from the Zombie Walk & Parade.
Consent for Collection, Use and Disclosure
Before, during and after the event DWBIA may collect a variety of personal information by way of pictures, video, sound recordings and writing. You may be the subject. Check off your choice with respect to such collection, use and disclosure by DWBIA below:
The Participant grants DWBIA, and anyone it may authorize, its consent to use its likeness, voice, words, or any other representation, as well as any works it may furnish [collectively the “Works”] in television, radio, film, print, electronically or in any other form, and the right to reproduce, display, distribute, and record the same, to promote the DWBIA and Zombie Walk & Parade, and any other future promotions as may be determined by the DWBIA. The Works may or may not identify the Participant as the subject and/or owner, and the Participant waives any rights that it may have to inspect or give its approval to the Works
Personal Items
The Participant is fully responsible for their own personal items during the Zombie Walk & Parade, including but not limited to any equipment, materials, or personal effects that they may use in the course of their Participation and the DWBIA and Released Parties shall not be liable for any loss of or damage to the same.
Personal information on this form is collected under the authority of the Ontario Municipal Act and will be used to administer your participation in the Windsor Zombie Walk & Parade and as required or permitted in accordance with our privacy policy at [insert link]. Questions about this collection should be directed to the Executive Director of the DWBIA 484 Pelissier St, Windsor, ON N9A 4K9, 519-252-5723.