By accessing or using TALENT POOL’s services, including but not limited to curated virtual events paired with locally sourced products and any other services offered through the this website (the “Services”, “Activities” and/or the “Event”), you (“I”) signify that you have read, understand and agree to be bound by this Consent and Release with The TALENT POOL Society o/a The Talent Pool (“TALENT POOL”), in all respects with respect to the Event and any Services.
BY CLICKING “I ACCEPT”, YOU RENOUNCE SUBSTANTIAL LEGAL RIGHTS INCLUDING YOUR RIGHTS TO SUE. PLEASE READ CAREFULLY AS THIS IS A LEGAL BINDING DOCUMENT
ASSUMPTION OF INHERENT RISKS AND RELEASE OF RESPONSIBILITY
In consideration of being allowed to participate in any way in the Event and any related activities including my potential attendance at a location to (i) pick-up products related to the Event or (ii) participate in the Event (each location a “Venue”), I on behalf of myself, my successors, heirs, assigns, and anyone else who may make any claim for or on my behalf, hereby irrevocably and unconditionally acknowledge and agree:
1.) Abide By Rules of Organizers and Intended Use of Products. To abide by the rules, regulations and direction of TALENT POOL and its subsidiaries, representatives and those affiliated with the facilitation, conducting or hosting of the Event and/or the provision of the Activities, whether at the Venue or otherwise, (hereby known as the Organizers) and to use the Venue and any and all products in a manner consistent with its intended use and application;
2.) Release of Released Parties. To hold harmless from any and all claims arising from or in connection with the Activities and Venue, the Organizers and, without limitation, each of their officers, officials, directors, agents, employees and volunteers, as well as the other participants, sponsoring agencies, sponsors, advertisers, Venue lessee/owner/lessor and each of their employees (collectively the Released Parties);
3.) No-Refunds That I received full and complete information about the Activities and/or Venue; and I understand no refunds will be granted if the Released Parties modify, postpone or cancel the Activities due to weather conditions, acts of God, public health emergencies, or other factors beyond their control that may affect the Venue, safety and/or health of the participants of the Event;
4.) Acceptance of Inherent Risks and Voluntary Participation That I recognize the existing risks inherent with my use of products and participation in the Activities, I warrant that I am the best and only judge of my ability to participate in these Activities or attend at a Venue and am fully aware of the additional risks involved in my participation and assume such risks on my own free will. I am voluntarily participating for my own enjoyment;
5.) Safety Measures. That I received instructions and been informed of the safety measures and implications of participating in the Activities and my attendance at any Venue, including various risks, dangers and hazards of accidents and bodily harm that could result from my participation and attendance at any Venue.
6.) COVID-19. I hereby acknowledge and agree that I take on all risks associated with my attendance at a Venue and covenant to abide by all health and safety requirements of the Facility, including among other things, social distancing requirements. I hereby covenant that I will not attend a Venue if I:
- exhibit any symptoms of COVID-19 including but not limited to fever, cough, shortness of breath, muscle aches, fatigue, runny nose etc…;
- have travelled outside of Canada in the last 14 days;
iii. have been in contact with someone in the last 14 days whom I am aware or ought to be aware being investigated or confirmed to be a case of COVID-19; or
- have been in close contact with someone who is will with a cough and/or fever;
7.) No-Insurance or Reimbursement for Damages. That I understand the Released Parties do not provide any insurance, either life, medical or liability, for any illness, accident, injury, loss, or damage that may arise in connection with my participation in the Activities and attendance at a Venue. I assume all expenses related to any type of damage (personal or property), loss, death, illness or injury, medical expenses and/or emergency resulting from my participation in the Activities or attendance at a Venue;;
8.) Assumption of Known and Unknown Risks. That I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the Released Parties or others and assume full responsibility for my participation. The Released Parties accept no responsibility for such Activities’ related risks;
9.) Consent to Administration of Medical Treatment. That I consent to the administration of first aid or other medical treatment in the event of injury or illness and hereby release and indemnify the Released Parties from any and all claims arising from such treatment;;
10.) FULL Release of TALENT POOL and Released Parties. That I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, specifically hereby fully and forever release, discharge, indemnify and hold harmless the Released Parties of and from any and all causes of action, lawsuits, losses, damages, injuries (including personal and bodily injuries, death and injury to property) howsoever caused (whether by the negligence or otherwise, foreseeable or not), claims, demands, sums, costs, expenses (including legal fees and disbursements), and any other liability of any kind, of or to me or any other person, directly or indirectly arising out of or in connection with the Activities, including, without limitation, my participation in the Activities and/or attendance at a Venue.;
11.) Promise Not To Sue. That I agree not to initiate any lawsuit, court action or other legal proceeding against the Released Parties, nor join or assist in the prosecution of any claim for money damages, which anyone may have, on account of loss, damage, or injury sustained by me or others in connection with my participation in the Activities and/or attendance at a Venue;
12.) Indemnity. That I shall hold harmless, indemnify and reimburse the Released Parties from and for any sums, costs, or expenses (including legal fees and disbursements) incurred or suffered by any of the Released Parties or paid by them to any person (including me or my insurers) in connection with any accident, loss, damage, injuries, illness, howsoever occurring, whether by negligence or otherwise (including death), claims, demands, lawsuits, expenses, and any other liability of any kind, sustained by me or others in connection with my participation in the Activities and/or attendance at a Venue. This means that I will reimburse the Released Parties if anyone makes a claim against them based on damages or injuries I suffer in connection with the Activities and/or Venue.
I HAVE CAREFULLY READ THIS ENTIRE AGREEMENT AND ASSUMPTION OF INHERENT RISKS AND RELEASE OF RESPONSIBILITY, WITHOUT ANY TIME CONSTRAINTS BEING PLACED UPON ME, AND FULLY UNDERSTAND AND AGREE TO BE BOUND BY ALL ITS CONTENTS. I VOLUNTARILY SIGN THIS DOCUMENT WITHOUT ANY INDUCEMENT AND I AM AW ARE THAT BY SIGNING THIS AGREEMENT AND FORM, I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS AND IT IS MY INTENTION TO DO SO FREELY AND W ITHOUT COERCION.
Personal Data. I authorize TALENT POOL, the Released Parties and/or the Organizers to collect and use personal information on this form or otherwise provided by me for the purpose of management and administration of the Activities including promoting other events and I authorize TALENT POOL, the Released Parties and/or the Organizers to disclose such personal information to third parties, as may be required for this purpose, including to legal and insurance companies. TALENT POOL, the Released Parties and/or the Organizers may also be required or permitted to disclose such personal information pursuant to relevant privacy laws or other laws.
Media Consent. I hereby grant and give, perpetually, to TALENT POOL and/or the Organizers, the irrevocable right (including, without limitation) all now and hereafter existing civil and/or common law, statutory and moral rights throughout the world and regardless of whether or not such rights are now known, to use my name, address, voice, photograph, image and/or likeness (hereby the Attributes) for any and all publicity purposes, commercial or otherwise, in any and all media without compensation or further notification including, without limitation, the perpetual and unlimited right to reproduce (by electrical transcription), tape or other recording process, whether now known or hereafter developed, any materials produced by TALENT POOL incorporating the Attributes, and the complete and unencumbered right throughout the world, to exhibit, record, reproduce, broadcast, transmit, publish, sell, distribute, perform and use for any purpose, in any manner, by any means and in any medium, whether now known or hereafter developed, all or any part or parts of the matter and things referred to in this paragraph. I acknowledge I will not have or claim to have any right, title or interest in or to any materials produced hereunder incorporating the Attributes.
Whole Agreement and Jurisdiction. This agreement supersedes any oral or written statements made by any of TALENT POOL, the Released Parties and/or the Organizers, or me, in connection with the Activities. This Agreement is governed by the laws of the Province of Alberta where the parties elect domicile in the judicial district of TALENT POOL, to the benefit of the Released Parties and/or the Organizers, as well as their administrators, successors and assigns, and is binding on me and my heirs, successors, assigns, insurers and estate. If any portion of this agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue to be valid and enforceable.
Clicking “I Accept” constitutes your electronic signature to the agreement set out in these Consents & Releases and your consent to enter into agreements with us electronically. This Agreement will be deemed to satisfy any writings requirements of any applicable law, notwithstanding that the agreement set out in these Consents & Releases is written and accepted electronically. All contracts between you and TALENT POOL completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed written agreement.