Toronto Music Camp Waiver and Release of Liability

TORONTO MUSIC CAMP (HEREINAFTER “TMC” AND/OR “CAMP”) IS A SUMMER MUSIC PROGRAM PROVIDED THROUGH ELITE MUSIC ACADEMY LTD, WHICH IS A MUSIC SCHOOL AND RETAIL STORE. A PARENT, LEGAL GUARDIAN OR EMPOWERED REPRESENTATIVE OF EACH MINOR CHILD(REN) REGISTERING TO ATTEND TMC MUST AGREE TO THE TERMS OF THIS WAIVER AND RELEASE OF LIABILITY AND NAME AND LIKENESS PRIOR TO THE CHILD(REN) PARTICIPATING IN THE CAMP.

Physical Condition:

On behalf of my child(ren), I accept and assume any and all risks associated with his/her/their attendance and participation in TMC and all related activities. I understand that my child(ren) should not attend the Camp if he/she/they are not in a healthy condition. Furthermore, I do hereby verify that my child(ren), to the best of my knowledge, is free from contagious disease, is fully immunized, and is able to participate in TMC. Therefore, I hereby confirm that my child(ren): (i) has no psychiatric, medical, and/or physical condition or history which would prevent him/her from participating in TMC and/or endanger himself/herself/themselves or others at TMC; (ii) has not been instructed by any physician to refrain from participating in TMC; and (iii) is physically fit and able to participate in TMC.

Equipment and Facilities Inspection:

I understand and agree that my child(ren) must abide by Camp policies and rules and the instructions of the TMC staff and owners at all times, and that my child(ren)’s failure to do so will result in his/her/their immediate dismissal from TMC. Some of these policies and instructions are written and some are at the sole discretion of the Camp directors and staff; however it is understood that all policies, rules and instructions seek at all times to ensure the overall safety of the Camp and each of its participants. Furthermore, should my child(ren) fail to behave in an appropriate manner, intentionally harm another participant, exhibit signs of illness, or otherwise violate the Camp policies and rules, I shall promptly retrieve my child when contacted by TMC to do so, or, if I am unable to do so, notify TMC of the person retrieving my child(ren) on my behalf. I acknowledge and agree that no part of the tuition paid will be refunded to me should my child(ren) be dismissed from the Camp. I also understand and agree that no reduction or prorate in the tuition will be made for late arrival, early departure, vacations, illness, or injury.

I agree that before my child(ren) participates in TMC, I will inspect the various Camp locations and facilities and all equipment to be used in the Camp. I will immediately advise TMC’s employee(s) organizing and/or supervising the Camp of any unsafe condition that I observe and will refuse to allow my child to participate in the Camp until all unsafe conditions observed by me have been remedied.

Assumption of Risk:

I understand that my child(ren) and each participant in the Camp will be engaging in activities that may involve the risk of serious physical injury, illness, permanent disability, dismemberment and death, and that also involve the risk of severe economic and property loss and damage. I understand that these risks may result from the actions, negligence and failure to act of my child(ren) and others (including but not limited to other participants in, and the organizers, employees, staff, counselors, and volunteers, if any, of the Camp) and the conditions of any real or personal property, facilities or equipment used during the Camp. I also understand that there may be risks involved which are not known to me, my child, TMC, Elite Music Academy, or each of its owners, organizers, property owners, landlords, employees, staff, counselors and volunteers, if any, and may not be foreseen or reasonably foreseeable by any of the foregoing entities or persons at this time or at the time of the Camp and any activities in which my child(ren) may participate. I, on behalf of my child(ren), assume all of the foregoing risks including the risk of any negligence by other participants or by TMC, Elite Music Academy and its owners, organizers, property owners, landlords, partners, directors, officers, employees or agents, and the risk of injury caused by the condition of any real or personal property, facilities or equipment used during the Camp, and accept personal responsibility for any injury (including, but not limited to, personal injury, disability, dismemberment and death), illness, damage, loss, claim, liability or expense (including reasonable attorneys’ and professionals’ fees), of any kind or nature, that my child(ren) or I may suffer arising out of or in connection with the Camp or my child’s participation in or attendance at the Camp. For certain programs and for certain children, these risks may include transportation via motorized vehicle (shuttle, car, van, walking, and/or public transit including bus, streetcar, or subway) to and from the Camp and during camp hours. Permission is granted to TMC to transport my child(ren) via motorized vehicle to and from camp and during Camp hours between different segments of the TMC’s locations/facilities and any outside facilities used by TMC during the Camp. I, on behalf of my child(ren) agree to indemnify and hold harmless TMC, including Elite Music Academy and its owners, organizers, property owners, landlords, partners, directors, officers, employees or agents from any claim that I might have arising out of my child(ren)’s participation in, transportation by, or involvement with TMC’s motor vehicle transportation. I understand that my child(ren) are fully responsible for complying with all rules and regulations of the motorized vehicle service and that TMC reserves the right to cancel my child(ren)’s participation in the motorized vehicle service at any time. I further understand that while TMC will make every effort to minimize lost items on the motorized vehicle, TMC is not responsible for any property left on the motorized vehicle. I also understand that there will be specific and non-negotiable times for the departure and arrival of some of the Camp’s transportation, and TMC has the right to cancel my child(ren)’s participation in the motorized vehicle if these departure and arrival times are not respected.

Furthermore, I agree that no general or limited partner, shareholder, director, officer, member, beneficiary, trustee, manager, other controlling person, investor, employee, attorney, agent, property owners, landlord, or independent contractor of TMC shall be personally liable for any obligation or liability of such party in connection with the Camp, and all obligations and liabilities of such party in connection with the Camp are enforceable solely against such party and such party’s assets, and not against any Exculpated Person or the assets of any Exculpated Person.

Medical Treatment:

In connection with any injury my child(ren) may sustain or illness or other medical conditions my child(ren) may experience during his and/or her participation in or attendance at the Camp, I authorize any emergency first aid, medication, medical treatment or surgery deemed necessary by the attending medical personnel if I am not able to act on my child’s behalf. In the event that I cannot be contacted in the event of an emergency, I further hereby grant TMC permission to administer immediate treatment and/or take my child(ren) to a hospital emergency room via ambulance/emergency vehicle. I further authorize the attending medical personnel to execute on my child(ren)’s behalf any permission forms, consents or other appropriate documents relating to medical attention. I agree to assume all liability for any expenses incurred in such an emergency (transportation, hospitalization, x-rays, etc.). I also understand and agree that TMC will notify me if my child(ren) becomes ill during Camp hours, and I will arrange to have my child(ren) picked up immediately from Camp. Further, I waive and release TMC and its owners, organizers, property owners, landlords, directors, employees, and independent contractors from any and all liability for personal injuries, illness, loss, or damage to property.

Name and Likeness Release:

In consideration for my child(ren) being permitted to participate in TMC, permission is also hereby granted for photographs and/or videos to be taken of my child at Camp and TMC has the right to utilize my child(ren)’s name, voice, and likeness (including but not limited to photographs and any video/audio recording of my child(ren)’s appearance at TMC) in any and all manner and media, now known or hereafter developed, throughout the universe in perpetuity without limitation and without additional compensation or consideration, notification or permission, unless prohibited by applicable law. I hereby waive any right that I or my child(ren) may have to inspect or approve any finished product (including but not limited to any brochures, videos, slide shows, websites, and/or other Camp materials) or any advertising copy that may be used in connection therewith or the use to which it is applied. I hereby warrant that I have the right to make this release on behalf of my child(ren) and that my granting this waiver and release and the rights conveyed thereby will not infringe upon the rights of any third party. I hereby assign all right, title and interest my child(ren) or I may have in any and all media now known or hereafter developed in which any or all of my child(ren)’s appearance, name, voice and/or likeness have been captured in connection with TMC and/or Elite Music Academy, along with full rights of assignability. I understand and agree that any photographs and/or video/audio recordings I make of my child(ren) at TMC shall be used solely for my and his/her/their private, non-commercial use, and that absolutely no sale, transmission, distribution or commercial use of any such photographs and/or video/audio recordings or descriptions are permitted.

Liability Release and Indemnity Agreement:

I, on behalf of my child(ren), hereby release and forever discharge and agree to indemnify and save and hold harmless TMC, Elite Music Academy, the respective owners (direct and indirect) and affiliated and subsidiary companies, volunteers associated or affiliated with the Camp, and TMC’s respective officials, property owners, landlords, owners, partners, directors, officers, employees and agents, and the other participants in the Camp (each such entity or individual being referred to as a “Released Party”) of and from any and all injuries (including personal injury, disability, dismemberment, and death), illness losses, damages, claims, liabilities or expenses of any kind or nature (and whether accruing to me, my child(ren), my heirs or my personal representatives) that are caused or alleged to be caused in whole or in part by the action, negligence or failure to act by any Released Party or condition of any real or personal property, facilities or equipment of any Released Party and that arise out of or in connection with the Camp or my child’s participation therein or attendance thereat. I acknowledge that, in the event of any breach by TMC or any third party, the damage, if any, caused me or my child(ren) thereby will not be irreparable or otherwise sufficient to entitle me or him/her/they to seek injunctive or other equitable relief, and my child(ren) and I will be strictly limited to the right, if any, to recover damages in an action at law. Neither my child(ren) nor I will have either the right to rescind or terminate this waiver and release or any of TMC’s rights hereunder, or the right to enjoin the production, exhibition, or other exploitation of my child’s name, voice and likeness or any subsidiary or allied rights with respect thereto.

Severability of Provisions:

I represent that I am the parent and/or legal guardian (or empowered representative of the parent and/or legal guardian) of the minor child(ren) identified in the online registration form with the authority to give this waiver and release, and I hereby agree that both my child(ren) and I shall be bound hereby. I agree that the foregoing terms and conditions are intended to be as broad and inclusive as is permitted by law, and any terms and conditions set forth herein found by a court to be void or unenforceable shall not affect the validity or enforceability of any other terms and conditions. This waiver and release will inure to the benefit of and will be binding upon both my, my child(ren)’s and TMC’s respective affiliates, successors, licensees, assigns, heirs and representatives including Elite Music Academy and its owners. The validity, construction and enforceability of this waiver and release shall be governed by, and construed and interpreted in accordance with the internal laws of Canada and Ontario without regard to conflict of law rules applied in such province.

Conclusion:

I have carefully read the entirety of this waiver and release and agree to all its terms and conditions. Knowing all of these facts and in consideration for your accepting my child(ren)’s enrollment form/online registration and for being allowed to participate in TMC, I, for myself, my child(ren) attending the Camp, and anyone else who may claim on me or my child(ren)’s behalf (“I”) hereby agree that neither TMC, Elite Music Academy, and/or the schools or facilities that host TMC, are responsible for accidents, injuries, and/or medical or dental expenses arising from my child(ren)’s participation at TMC and, accordingly, I covenant not to file suit against or otherwise sue TMC, and waive, release, and discharge TMC and the various schools or facilities that host TMC, and anyone working on their behalf from any and all claims of liability or expenses of any kind or nature whatsoever arising out of or relating to my child(ren)’s participation in the Camp. I have carefully read all of the information in this online enrollment form and agree to all its conditions.

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