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Waiver of Liability & Consent Form (Mandatory)

I, ____________________________________________________ (the “Participant”), of the City/Town of __________________________, of the Province of Alberta, acknowledge that there are inherent dangers and risks in the programs, classes, and activities offered and provided by Tip of Spear Inc. and its partners, sponsors, agents, affiliates, directors, managers, employees, contractors, officers, therapists and volunteers (collectively, “Tip of Spear”), as the case may be, including, without limitation, Pressure Point Control Tactics (PPCT), arrest and control training, weapons training, Krav Maga, Counter Blade Concepts, and defensive tactics (the “Activities”) and further acknowledge that there are inherent dangers and risks in entering and using the lands, properties, facilities, structures, installations, vehicles or equipment owned, leased, operated or otherwise controlled by Tip of Spear (collectively, the “Premises”) and that such dangers and risks could lead to injury or illness to me arising from my participation in the Activities or my attendance at the Premises. I further understand and acknowledge that Tip of Spear may need to collect, use, and disclose certain personal information of mine for me to participate in the Activities or attend at the Premises.
THEREFORE, in exchange for Tip of Spear accepting me as a Participant in the Activities and allowing me to attend at the Premises, I confirm and agree that:


ASSUMPTION OF RISK AND WAIVER OF LIABILITY
1.    I understand and acknowledge the risks, dangers, hazards which are inherent on entering the Premises, which risks include, but are not limited to: the potential for bodily injury or illness, including contraction of COVID-19 or any other variant of COVID-19 or other infectious virus or disease (“Illnesses”); contact or interaction with others who may have been exposed to Illnesses; close proximity to or contact with surfaces, equipment, fixtures or other objects that, despite Tip of Spear’s efforts, may be infected with Illnesses; permanent disability, paralysis, or loss of life; collision with natural or manmade objects; tripping hazards; imperfect venue or field of play conditions; equipment failure; participants of varying skill levels; the negligent use of the Premises by others; inadequate safety measures or unsafe Premises; other circumstances known, unknown or beyond the control of Tip of Spear; or negligence or omission of Tip of Spear (collectively, the “Risks”).
2.    In consideration for allowing me to attend at and use the Premises, I: (a) release, discharge and forever hold harmless Tip of Spear from any and all liability for damages or loss arising directly or indirectly as a result of the Risks arising from entry into or use of the Premises; (b) waive any right to sue Tip of Spear in respect of all causes of action (including for injuries or illness caused by their own negligence), claims, damages or losses of any kind that may arise directly or indirectly as a result of the Risks or in connection with entry into or use of the Premises, including without limitation the right to make a third party claim or claim over against Tip of Spear arising from the same; and (c) freely assume all risks associated with the Risks or anything incidental to the Risks, which may arise as a result of or in connection with the entry, attendance or use of the Premises. 
3.    I assume risk of all personal injury (including death) and loss (including property loss) resulting from any cause whatsoever, including but not limited to the inherent risks of the Activities and risks resulting from the negligence of any person, any breach of contract, or any breach of statutory or fiduciary duty by Tip of Spear relating to my participation in the Activities. Further, I waive all claims of every description and kind for personal injury (including death), loss of property, and loss of business (whether direct or consequential) of or to me and I hereby remise, release, indemnify, discharge, and forever hold harmless Tip of Spear from any and all claims, damages, costs, expenses, loss of services, actions and causes of action whatsoever at law or in equity which I may have by any reason of any act, occurrence, or thing whatsoever that may result directly or indirectly from my participation in the Activities. 
4.    I acknowledge that the techniques learned or taught during the Activities also have inherent dangers and risks when applied beyond the supervision of Tip of Spear which may result in personal injury or death to me or to other parties. I therefore disclaim, waive, remise, release, indemnify, discharge and forever hold harmless Tip of Spear from any and all claims of any kind or description for injury or death to any person howsoever caused.


CONSENT TO USE PERSONAL INFORMATION
5.    I understand that Tip of Spear may collect, use and disclose my personal information including my name, address, contact information, date of birth, health and medical conditions, and credit card information (collectively, “Information”) and that the collection, use and disclosure of my Information will be limited to what is required for me to participate in the Activities and attend at and use the Premises, including verifying my identity, opening a file or membership, establishing and maintaining communications with me, creating invoices, collecting fees owed by me, processing my credit card payments, and for any reason required by court order or regulatory body or permitted by law (the “Purpose”). I understand that by signing below, I am giving my consent to Tip of Spear to collect, use and disclose my Information for the Purpose and for no other purpose. I understand that if Tip of Spear is going to use or disclose my Information for any purpose other than the Purpose, Tip of Spear must obtain my consent prior to doing so. I understand that Tip of Spear will protect my Information in a manner appropriate for the sensitivity of my Information and will make reasonable efforts to prevent any loss, misuse, disclosure, or modification of my Information, as well as any unauthorized access to my Information. Notwithstanding the foregoing, I agree that Tip of Spear shall not be liable for any loss, misuse, disclosure or modification of my Information, except where such loss, misuse, disclose or modification arises out of the negligence of Tip of Spear.
6.    I irrevocably consent to and authorize the use and reproduction by Tip of Spear, or anyone authorized by Tip of Spear, of any and all photographs or videos taken of me in all forms of media and for any purpose whatsoever without further consideration.


GENERAL
7.    This Waiver of Liability and Consent Form shall be effecting and binding upon my heirs, next of kin, executors, administrators and assigns. 
8.    If any portion of this Waiver of Liability and Consent Form is held invalid or enforceable, the remaining provisions shall remain effective and fully enforceable to the maximum extent permitted by law.
9.    I HAVE READ THIS WAIVER OF LIABILITY AND CONSENT FORM AND FULLY UNDERSTAND IT AND THE IMPLICATIONS OF SIGNING IT. I DECLARE THAT I AM OF SOUND MIND, AND THAT I AM SIGNING THIS WAIVER OF LIABILITY AND CONSENT FORM OF MY OWN FREE WILL, WITHOUT ANY INDUCEMENT, ASSURANCE OR WARRANTY BEING MADE TO ME. I UNDERSTAND THAT I AM GIVING UP ALL LEGAL RIGHTS TO ANY AND ALL FUTURE CLAIMS AGAINST TIP OF SPEAR.

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