that I have had enough time to read this Agreement in its entirety carefully and have read this Agreement in its entirety before signing the Agreement. I also understand that I should ask that this Agreement be read or explained to me by a Learning Exchange employee if I have any difficulty reading or understanding this Agreement.
I acknowledge that by signing this Agreement that I am completely giving up the right to sue the Saint John Learning Exchange.
I fully understand the potential risks of injury, including severe and permanent injury, in participating in a Program within the Learning Exchange. I acknowledge and accept that Programs within the Learning Exchange entails known and unanticipated risks resulting in physical and emotional injury, paralysis, death, or damage to myself, property, or third parties. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the activity or activities. The Programs within the Learning Exchange may be physically or emotionally demanding. I affirm that my health is good and that I am not under a physician's care for an undisclosed condition.
I have had the opportunity to ask questions about the risks of injury answered by Learning Exchange employees. Where I have asked questions, I am satisfied with the answers. I accept all the potential physical and legal risks of injury, even severe, catastrophic, and permanent injuries, that come with participating in a Program within the Learning Exchange.
I waive all legal claims that I may have against the Learning Exchange. I release the Learning Exchange from all liability for injury, no matter how severe, death, property damage, or any other loss that I may suffer as a result of my participating in a Program within the Learning Exchange, which participation may include, but is not necessarily limited to swimming and travelling by motor vehicle to get to and return from activities. I acknowledge that my participation is purely voluntary, and I elect to participate despite any risks. By doing so, I understand that I am giving up the right to sue the Learning Exchange for any injury, no matter how severe, damage, or loss suffered by me.
The waiving and release of all claims against the Learning Exchange means that I am also waiving and releasing all claims I may have against others who benefit from this Agreement, including the following:
(a) any director of the Learning Exchange.
(b) any officer of the Learning Exchange.
(c) any employee of the Learning Exchange.
(d) any contactors of the Learning Exchange; and
(e) any volunteers of the Learning Exchange.
(hereinafter, collectively, the "Saint John Learning Exchange Representatives").
I agree and acknowledge that the waiver and release of the Saint John Learning Exchange and the Saint John Learning Exchange Representatives include any claim that arises from the following:
(a) the negligence by any Saint John Learning Exchange Representatives.
(b) the breach of any other duty imposed by law.
(c) the breach of any contact.
(d) mistakes or errors in judgment of any kind.
I agree and acknowledge that this Agreement is legally binding and enforceable against me.
I agree that, until revoked by me in writing, this release and waiver Agreement remains enforceable and applies when I participate in any activity with the Learning Exchange.
Should the Learning Exchange be required to incur legal fees and costs to enforce this Agreement, I agree to reimburse, indemnify and hold harmless the Learning Exchange for all such fees and costs.