Release of Liability, Waiver of Claims, and Assumption of Risks
BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS,
INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION
PLEASE READ CAREFULLY!
WHEREAS The Service Provider is in the business of installing tents for use at a variety of
different functions;
​
AND WHEREAS the Customer has sought the services of the Service Provider for the purpose of installing tents for the purpose of an event which may include but shall not be limited to weddings, birthdays, corporate events, or parties.
NOW THEREFORE in consideration of Tent Plus, a sole proprietorship carried on by Scott
Weekes (the "Service Provider") providing the services to the Customer to use the tents owned by the Service Provider for their intended purpose (the “Activities”), and for other good and valuable consideration, which is hereby acknowledged the Customer agrees to all the terms and conditions set forth in this agreement (this "Agreement").
1. Role of the Service Provider
The Customer agrees and acknowledges the following with respect to the role of the Service Provider:
a) The Service Provider shall install the tents on the subject property. The Service Provider
shall install the tents according to specified engineered drawings.
b) The Service Provider will rely on the Customer with respect to the location in which the
tents are to be set up. The Service Provider will rely on the representation by the
undersigned that they have the authority to hire the Service Provider to attend at the
subject property and to install the tents on the subject property.
c) In signing below the undersigned acknowledges and represents that they have the
authority to authorize the Service Provider to enter on the property and install the tents. In
the event they do not, the undersigned, accepts full responsibility for any losses, claims
and expenses and shall be bound by all terms of this Release and Waiver including the
requirement to indemnify the Service Provider in accordance with the Articles titled
“Indemnification” herein.
d) In fulfilling their role, the Service Provider will not complete any due diligence of their
own with respect to the location in which the tents are to be installed on the subject
property and will rely on the representation that in signing the Customer has authority to
authorize the Service Provider to enter on and complete the services on the subject
property. The Service Provider will set up the tents at the location directed by the
Customer. The Service Provider will install the tents in accordance with specified
engineered drawings. The Service Provider will not be held responsible for any loss
damages or expenses of any kind as a result of the Customer or any attendee at the
Customers event or property engaging in the Activities moving or otherwise attempting
to move or adjust the tents after having been installed by the Service Provider.
2. ASSUMPTION OF RISKS
​
a) The Customer Acknowledges that they are aware and understand that the
installation and use of the Service Provider tents and services for the Activities
involve risks, dangers, and hazards including but not limited to the risk of serious
injury, bodily harm, death or property damage occasioned by events which include
but are not limited to, acts of god and unforeseen weather conditions, damage to
property related to the installation of the tents in the course of the Service Provider
providing services, damage to underground utilities in the course of the Service
Provider providing services and damage to persons or property occasioned by the
moving or adjustments of tents by the Customer or any others attending the
property after the installation by the Service Provider.
b) The Customer acknowledges that they freely accept and fully assume all of the risks,
dangers and hazards involved and the possibility of injury, bodily harm, death or
property damages.
​
3. RELEASE
​
I hereby expressly waive and release any and all claims which I have or may in the future have against the Service Provider, its affiliates, and their respective directors, officers, employees, agents, representatives, shareholders, successors, and assigns (collectively, "Releasees"), on account of injury, death, or property damage arising out of or attributable to the Activities, due to any cause whatsoever, including without limitation, negligence of the Service Provider, breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation or otherwise. I covenant not to make or bring any such claim against the Service Provider or any other Releasee, and forever release and discharge the Service Provider and all other Releasees from liability under such claims.
​
4. INDEMNIFICATION
​
I shall defend, indemnify and hold harmless the Service Provider and the Releasees against any and all losses, damages, liabilities, claims, actions, judgments or expenses of whatever kind, in connection with any third party claim, action or proceeding arising out of or resulting from the use of the Service Providers tents and services in connection with the Activities.
5. MISCELLANEOUS
​
This Agreement constitutes the entire agreement of the Service Provider and Customer with respect to only the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to this particular subject matter. If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
This Agreement is binding on and shall enure to the benefit of Customer and their heirs and next-of-kin, and the Service Provider and its successors and assigns.
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND ALL OF THE TERMS
OF THIS AGREEMENT AND THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL
LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF MY HEIRS, EXECUTORS,
ADMINISTRATORS, AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE THE
SERVICE PROVIDER AND THE RELEASEES.
Signed this ____ day of _______, 2022
For Individual Customer:
__________________________________
CUSTOMER NAME:
For Corporate Customer
[Customer Corporate Name]
__________________________
Per:
I have authority to bind the Corporation.