PARTICIPANT WAIVER, RELEASE OF LIABILITY,
ASSUMPTION OF RISK, INDEMNITY
AND PROGRAM AGREEMENT

IMPORTANT NOTICE

BY SIGNING THIS AGREEMENT OR PARTICIPATING IN THE PROGRAM, YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO BRING CLAIMS OR COMMENCE LEGAL PROCEEDINGS AGAINST THE ORGANIZATION AND OTHER PERSONS OR ENTITIES WHO MAY BE RESPONSIBLE FOR ANY LOSS, INJURY, DAMAGE OR CLAIM ARISING FROM OR RELATED TO YOUR PARTICIPATION IN THE PROGRAM.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SIGNING.

1. PARTIES

This Waiver and Program Agreement (“Agreement”) is entered into by:

• Recharge Vacation Relief Fund (“Organization”), a registered non-profit; and
• The undersigned participant(s), including any minors listed below (collectively, the “Participant”).

• “Program” means any vacation program, retreat, travel experience, activity, event, service, session, accommodation arrangement, related activity, or other experience organized, sponsored, facilitated, or provided by the Organization, including all activities and services associated with or incidental to such program.
• “Participant” means each individual participating in the Program, including each minor participant. Where a Participant is a minor, the term also includes the parent or legal guardian responsible for such minor solely for the purposes of providing consent, assuming obligations under this Agreement, and agreeing to be bound by its terms on behalf of the minor.
• The Parent or Guardian represents that they are the lawful parent or legal guardian of each minor listed below, have full authority to execute this Agreement on the minor’s behalf, and agree that this Agreement is binding upon both themselves and each such minor.
• Where this Agreement is signed by one adult, that person represents that they are authorized to sign on behalf of all members of their family/group listed.

2. ACKNOWLEDGEMENT OF VOLUNTARY PARTICIPATION

The Participant acknowledges that participation in all Recharge vacation programs, retreats, and related activities (the “Program”) is voluntary.

3. NATURE OF PROGRAM & TRAVEL RESPONSIBILITY

The Participant acknowledges and agrees that:

• The Program includes multi-day travel experiences, generally lasting three (3) to five (5) days.
• The Participant is solely responsible for arranging and funding their own transportation to and from Program locations.
• The Participant is responsible for providing their own food and personal necessities unless otherwise stated in writing by the Organization.
• The Organization does not act as a transportation carrier or travel agency.

4. ASSUMPTION OF RISK

The Participant acknowledges and understands that participation in the Program involves inherent risks, dangers and hazards, some of which may be foreseeable and some of which may be unforeseeable. The Participant voluntarily assumes all risks associated with participation in the Program, including but not limited to:

• travel-related risks, including road conditions, vehicle-related incidents, weather conditions, delays, accidents and transportation risks;
• risks associated with accommodations, facilities, venues, activities and third-party service providers;
• physical activity and recreational activity risks;
• illness, injury, medical emergencies, disability or death;
• property loss, theft or damage; and
• risks associated with participation, supervision and activities involving minors.

The Participant acknowledges that such risks may arise from foreseeable or unforeseeable causes, including the negligence, acts, omissions or conduct of the Organization, its directors, officers, employees, volunteers, agents, contractors, representatives, other participants, or third parties, including any failure to take reasonable steps to safeguard or protect the Participant from such risks, to the fullest extent permitted by applicable law.

The Participant freely accepts and assumes all such risks, dangers and hazards and the possibility of personal injury, illness, death, property damage or other loss resulting from or related to participation in the Program.

5. MEDICAL FITNESS DECLARATION

The Participant represents that they are physically and mentally capable of participating in the Program and have disclosed any medical condition, allergy or limitation that could reasonably affect their participation or require emergency assistance.

6. RELEASE OF LIABILITY

In consideration of being permitted to participate in the Program, the Participant hereby waives any and all claims, demands, actions, causes of action, proceedings, liabilities, damages, losses, costs and expenses of any kind that the Participant now has or may have in the future against the Organization and the Released Parties arising out of or relating to participation in the Program.

The Participant hereby releases, waives, discharges and forever holds harmless the Organization, its directors, officers, employees, volunteers, agents, contractors, representatives, successors and assigns (collectively, the “Released Parties”) from and against any and all liability for any injury, illness, death, property loss, property damage or other loss suffered by the Participant arising out of or relating to participation in the Program, including where caused by negligence, breach of contract, breach of statutory duty, occupiers’ liability, or any other duty of care owed by the Released Parties, to the fullest extent permitted by applicable law.

This Agreement shall be binding upon and enure to the benefit of the Participant and the Participant’s heirs, next of kin, estate trustees, administrators, successors and assigns.

7. ACCEPTANCE OF AGREEMENT BY PARTICIPATION

The Participant acknowledges and agrees that participation in the Program is conditional upon the Participant accepting the terms of this Agreement. By signing this Agreement, electronically accepting this Agreement, or participating in the Program after being provided with an electronic or hard copy of this Agreement, the Participant agrees to be legally bound by its terms.

8. CONDUCT, BEHAVIOUR & REMOVAL FROM PROGRAM

The Participant agrees to:

• Follow all instructions provided by Organization staff, its representatives or designated leaders.
• Act respectfully toward staff, volunteers, resort staff and other participants.
• Comply with all program rules, venue rules, and applicable laws.

The Organization reserves the right, acting reasonably and in its sole discretion, to remove any Participant from the Program at any time for any activity or behaviour deemed by the Organization to be disruptive, unsafe, disrespectful, or non-compliant.

The Participant agrees that:

• If removed from the Program, they must leave immediately when instructed.
• The Organization is not responsible for arranging alternative accommodations or transportation.
• No refund, replacement trip, or compensation will be provided.
• The Organization will not reimburse any travel expenses or other expenses incurred by the participant in relation to the program.

9. NO TRANSFER OR REPLACEMENT OF TRIP

The Participant acknowledges that:

• Participation is for a specific scheduled Program only.
• If the Participant leaves early, is removed, or cannot complete the Program for any reason, no replacement trip, credit, or rescheduling will be provided.

10. PROPERTY DAMAGE RESPONSIBILITY

The Participant agrees that they are financially responsible for any damage caused by themselves or members of their party (including minors under their supervision) to:

• Accommodation property;
• Program venues; and
• Equipment or third-party property used during the Program.

The Participant agrees to reimburse the Organization or affected third parties for any such damage upon request.

11. INDEMNITY

The Participant agrees to indemnify and hold harmless the Organization, its directors, officers, employees, volunteers, agents and representatives from any claims, damages, liabilities, costs and expenses, including reasonable legal fees, arising out of:

• the Participant’s acts or omissions;
• damage caused by the Participant;
• claims brought by or on behalf of minors under the Participant’s supervision; or
• the Participant’s breach of this Agreement.

12. FORCE MAJEURE / CANCELLATION

The Organization reserves the right to modify, postpone or cancel any Program due to weather, safety concerns, insufficient participation levels, illness, government restrictions, force majeure or any circumstance beyond its reasonable control, without liability, including any obligation to provide refunds, compensation, replacement trips, or reimbursement of expenses.

13. DISCLAIMER OF LIABILITY FOR THIRD PARTIES

The Organization is not responsible for acts, omissions, negligence, or conduct of third-party service providers, including but not limited to:

• Hotels and accommodations;
• Activity providers; and
• Transportation services not directly operated by the Organization.

14. TESTIMONIAL REQUIREMENT

As a condition of participation, the Participant agrees to provide a written or recorded testimonial regarding their Program experience within seven (7) days of completion of the Program. The Participant consents to the Organization using such testimonial for internal reporting, fundraising, and promotional purposes, subject to applicable privacy laws.

15. MEDIA/PHOTO RELEASE

The Participant hereby grants a perpetual, royalty-free, worldwide licence to the Organization to use any photographs, video recordings, or other media captured during the Program, without compensation or further approval, for educational, fundraising, charitable, and promotional purposes, including deployment on websites, social media, and fundraising materials.

16. EMERGENCY CONTACT INFORMATION

Emergency contact information must be provided. Please fill out the emergency contact information below.

17. INSURANCE DISCLAIMER

The Participant is responsible for securing their own travel and medical insurance. The Organization does not provide insurance coverage for the Participant.

18. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, understandings, negotiations, representations, warranties or agreements, whether oral or written, relating to the subject matter of this Agreement. No oral representations or statements shall modify this Agreement.

The Participant acknowledges that they are not relying on any representation, statement, warranty or assurance made by the Organization or any other person except as expressly set out in this Agreement.

19. SEVERABILITY CLAUSE

If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

20. NO WAIVER

The failure of the Organization to enforce any provision of this Agreement shall not constitute a waiver of that provision or affect the Organization’s right to enforce it in the future.

21. NO FIDUCIARY RELATIONSHIP

Participation in the Program does not create any fiduciary, employment, agency or partnership relationship between the Participant and the Organization.

22. INTERPRETATION

Unless the context requires otherwise:

• the singular includes the plural and vice versa;
• headings are for convenience only and do not affect interpretation.

23. GOVERNING LAW

This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.

24. ACKNOWLEDGEMENT, ACCEPTANCE AND INDEPENDENT LEGAL ADVICE

The Participant acknowledges that they have been advised of their right to obtain independent legal advice with respect to this Agreement before signing it. The Participant acknowledges that they have had a full and reasonable opportunity to review this Agreement, ask questions, and obtain independent legal advice, and has voluntarily chosen not to obtain such advice.

The Participant further acknowledges that they have carefully read and understood this Agreement, understand its nature, contents and legal effect, including that they are releasing certain legal rights and assuming certain risks, and voluntarily agree to be bound by its terms.

The Participant confirms that they are entering into this Agreement freely and voluntarily, without pressure, coercion, or undue influence from the Organization or any other person.