Name of Activity: Circus! Circus! (the “Activity”)

Date(s) of Activity: May 20 – May 22, 2023

You have expressed a desire to participate in the above-noted Activity. By signing this Release and Wavier (the “Release”), you agree as follows:

1. Assumption of Risk. THERE IS A RISK THAT YOU MAY BE HURT DURING YOUR PARTICIPATION IN THE ACTIVITY. I understand that my participation in the Activity involves inherent risks and dangers that may put me at risk of property damage, serious injury or illness, including death. I acknowledge that these risks and dangers may arise from any number of circumstances and may occur without warning, including without limitation those caused by terrain, weather conditions, other participants, spectators, COVID-19 and other hazards that may exist. I expressly and willingly assume any and all risks, including the risk of property damage, serious injury or illness, including death, associated with my participation in the Activity.

2. Medical Treatment. If I am unable to consent at the time due to injury or illness, I hereby consent to the administration of first aid and other emergency medical treatment for such injury or illness that occurs during my participation in the Activity.

3. Use of Photographs and Recordings. I hereby grant to Harbourfront Centre the right to photograph, record or otherwise capture my name, image and likeness (the “Photographs and Recordings”) during my participation in the Activity and further grant to Harbourfront Centre the right to reproduce, use, exhibit, display, broadcast, distribute and create derivative works of the Photographs and Recordings for use in connection with the activities of Harbourfront Centre or for promoting, publicising or explaining the organisation and its activities. This grant includes, without limitation, the right to publish such Photographs and Recordings to Harbourfront Centre’s website and/or social media outlets, including but not limited to: YouTube, Facebook and Twitter, and in PR/promotional materials, and any other media now known or hereinafter developed, for the purposes of marketing, advertising and any other commercial and/or non-commercial use. I acknowledge and agree that I will not receive payment nor should I expect payment or reimbursement of any kind now or in the future from Harbourfront Centre’s use of the Photographs and Recordings.

4. Compliance with Policies and Rules. I agree to comply with all policies, rules and directions of Harbourfront Centre staff with regard to my participation in the Activity, including those related to the mitigation of risks associated with COVID-19. I agree that Harbourfront Centre reserves the right, in its sole discretion, to deny my participating in, or continuing to participate in, the Activity, at any time, if I fail to comply with the policies, rules and directions of Harbourfront Centre.

5. WAIVER AND RELEASE. I AGREE THAT HARBOURFRONT CENTRE SHALL NOT INCUR ANY RESPONSIBILTY FOR, AND I FOREVER RELEASE, DISCHARGE AND INDENMIFY HARBOURFRONT CENTRE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS FROM AND AGAINST ANY AND ALL CLAIMS, COMPLAINTS, ACTIONS, CAUSES OF ACTION, LIABILITIES, DAMAGES, LOSSES, LEGAL FEES, COSTS AND EXPENSES OF ANY NATURE AND KIND WHATSOEVER THAT I MAY HAVE AGAINST HARBOURFRONT CENTRE WITH RESPECT TO ANY INJURY, ILLNESS, DEATH, PROPERTY DAMAGE OR OTHER LOSS, COST AND/OR EXPENSE RESULTING FROM MY PARTICIPATION IN THE ACTIVITY, NO MATTER HOW CAUSED.

6. Jurisdiction. I agree that this Release shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario and no other jurisdiction. Any litigation relating to this Release shall be brought solely within the Province of Ontario under the exclusive jurisdiction of the Courts of Ontario.

7. Other. I agree that in the event that any clause or provision of this Release is held to be invalid by any court of competent jurisdiction, such invalid clause or provision shall not otherwise affect the remaining provisions of this Release which shall continue to be enforceable. I further agree that this Release shall bind my assigns, heirs, administrators and executors forever.

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I am the custodial parent or legal guardian of the above-named minor child(ren) (the “Minor(s)”). I have read and understood the terms of this Release and consent to the Minor(s)’s acceptance of this Release and to the use of the Minor(s)’s Photographs and Recordings as contemplated herein. I agree to indemnify and hold harmless Harbourfront Centre from any and all claims, complaints, actions, causes of action, liabilities, damages, losses, legal fees, costs and expenses of any nature and kind whatsoever relating to: (a) the Minor(s)’s participation in the Activity; (b) Harbourfront Centre’s use of the Minor(s)’s Name(s) and Likeness(es) as permitted under this Release; and (c) any determination that the Release is not binding or is unenforceable against the Minor(s). My consent shall be valid and binding, even if the Release does not bind the Minor(s).