Mom & Tot Hangouts

This Agreement affects your legal rights. By placing your signature below, you acknowledge that you have read and understood the disclosures of Risks (as defined below), voluntarily accept those Risks, and agree to be bound by all terms of this Agreement.

My signature acknowledges that I or the minor(s) for whom I am a legal guardian (collectively referred to as “I”, “me”, or “my”) have voluntarily chosen to participate in the Activities and to use the Facilities. I understand that I am not obligated to participate in the Activities and use the Facilities and my participation is expressly subject to my giving a full and complete waiver and release as set forth in this Agreement.

In consideration of the permission to participate in the Activities and use the Facilities, I hereby acknowledge, agree, promise and covenant on behalf of myself, my heirs, assigns, personal representatives and estate with THE MUSLIM ASSOICATION OF CANADA, operating as MAC, and its lessees / subtenants, parent companies, affiliates, related companies and business concerns, past and present, as well as each of their partners, trustees, directors, officers, members, intellectual property holders, agents, attorneys, servants, employees, instructors, guides, representatives, volunteers, independent contractors, subcontractors, sponsors, past and present, as the case may be (collectively referred to as the “Released Persons”), as follows:

DEFINITIONS: In this Agreement, the following terms shall have the following meanings:

“Activities” means the range of activities, programs or services that may be provided by MAC from time to time (whether indoor or outdoor or offsite), including, without limitation, the provision of recreational, physical, athletic, or training services, programs, camps, rentals, or child care, child minding or preschool, or any ancillary activities provided at the Facilities or offsite, or in relation to the Amenities.

“Amenities” means, collectively, the recreation components at the Facilities (whether indoor or outdoor), as any of the same may be renovated, modified, replaced, supplemented or removed from time to time, including, without limitation, multi-purpose rooms, youth centres, prayer spaces, child and day care spaces, play areas (including playgrounds and play structures), skate or other sport parks, basketball or other sport courts, food service spaces, administrative office spaces, support spaces (including washrooms, change rooms, seating, mechanical/electrical, and garbage/recycling), parking, libraries, and permitted ancillary components which support the recreation components at the Facilities.

“Applicable Laws” means all laws, ordinances, legislation, regulations, guidelines, bylaws, codes, orders and rules of federal, provincial, municipal and other authorities, and which for certainty shall include all directives, orders, guidance or other materials received from the director of the Calgary Emergency Management Agency, The City of Calgary, the Released Persons, the Chief Medical Officer of Health, Alberta Health Services (AHS), any regulatory body having jurisdiction in the province or Canada including, without limitation, any government authority under any law of Canada or otherwise.

“Facilities” means any of the MAC facilities, now or in the future, including, without limitation, the facilities commonly known as Al-Salam Centre at Ranchlands, MAC Islamic School Calgary at Bridgeland, and all buildings and other structures located on the lands upon which the MAC facilities are situated and includes all indoor and outdoor amenities (including the Amenities), and all other improvements located in, on or under these lands from time to time (including the parking areas, sidewalks, driveways, pathways, trails and walkways).

“Health Event” means any epidemic or pandemic declared by the World Health Organization, or any successor agency thereto, or any other national or regional public health emergency declared by any relevant public health authority in Alberta or Canada, which may be subject to a directive under Applicable Laws, including, without limitation, any localized or widespread occurrence of any infectious disease, caused by any pathogen, whether viral, bacterial, or any other harmful biological or physical agent that may be detrimental to human health, including, without limitation, severe acute respiratory syndrome (SARS), Middle East respiratory syndrome (MERS), or coronavirus infectious disease 2019 (COVID-19), including, without limitation, any mutations to any of them.

“Risks” means any and all risks and unanticipated risks, dangers and hazards, whether known or unknown, identified or unidentified, anticipated or unanticipated, that may result in, without limitation, any claims, actions, causes of action, damages, demands for damages, losses and other liabilities and expenses (including, without limitation, those in connection with bodily injury (including death of or to any third party), personal injury, illness, discomfort or disease (including, without limitation, respiratory illness, short and long term health complications, treatment risks, dangers, hazards or complications, increased risk to one’s health due to an underlying medical condition, whether known or unknown, isolation or quarantine requirements, transmission to others, or otherwise), third party losses, consequential loss (including, without limitation, economic loss, medical costs, and the physical, legal and financial consequences of same), and legal fees on a solicitor and own client full indemnity basis), damage to me, to the minor(s) (as applicable), or to my or the minor(s)’s (as applicable) heirs, next-of-kin, executors, administrators, assigns and representatives, or property damage to the foregoing individuals' property, due to, caused or contributed by, or arising from or out of (whether negligently or intentionally), without limitation: (1) latent or apparent defects or conditions of the Activities or the Facilities; (2) improper or inadequate instruction or supervision regarding the Activities or use of the Facilities; (3) the behavior of co-participants; (4) slippery areas, such as parking areas, sidewalks, driveways, pathways, trails or walkways, tiled, concrete or other wet surfaces; (5) first aid, emergency treatment or services rendered or failed to be rendered by the Released Persons; (6) exposure a Health Event; (7) theft, vandalism or loss of personal property; (8) any and all acts, omissions, faults, general breaches, or negligence (in any degree) of the Released Persons, including, without limitation, a breach of this Agreement, any Applicable Laws or duty of care, including, without limitation, any duty of care owed under the Occupiers’ Liability Act (Alberta), or any successor legislation thereto, on the part of the Released Persons; (9) the occurrence of natural disasters or severe weather, and failure of the Facilities to operate as a result thereof or the disruption in the Activities caused therefrom; and/or (10) any and all other risk arising from the inherently dangerous nature of my, or the minor(s) (as applicable), participation in the Activities or use of the Facilities, or from a Health Event exposure.

ASSESSMENT ATTESTATION: I ATTEST on behalf of myself, and/or on behalf of the minor(s) (as applicable), that currently, and in the last 14 days, I have not, and/or the minor(s) (as applicable) has not: (1) experienced fever, cough (new cough or worsening chronic cough), shortness of breath or difficulty breathing (new or worsening), runny nose, sore throat; (2) experienced chills, painful swallowing, stuffy nose, headache, muscle or joint aches, feeling unwell, fatigue or severe exhaustion, gastrointestinal symptoms (nausea, vomiting, diarrhea or unexplained loss of appetite), loss of sense of smell or taste, conjunctivitis, commonly known as pink eye; (3) to my knowledge, been exposed to a person with a confirmed or suspected diagnosis of a Health Event; or (4) been diagnosed with a Health Event. I attest on behalf of myself, and/or on behalf of the minor(s) (as applicable), that I am, and/or the minor(s) (as applicable) is, following recommended guidelines as much as possible which includes, without limitation, adherence to applicable travel guidelines and isolation protocols, practicing social distancing, maintaining a separation of at least 6 feet or 2 meters from others, minimizing prolonged (more than 10 minutes), close (less than 2 meters) contact with other individuals in public, engaging in proper handwashing and otherwise limiting my exposure, and/or the minor(s)’s (as applicable) exposure, to a Health Event. I understand that if I develop, and/or the minor(s) (as applicable) develops, any symptoms described herein or I am otherwise, and/or the minor(s) (as applicable) is otherwise, unable to make any of the attestations described in herein, I agree, and/or the minor(s) agrees, that I will, and/or the minor(s) will, refrain from attending the Facilities and participating in Activities, and no portion of any payments made to MAC shall be refundable under such circumstances.

ACKNOWLEDGMENTS OF RISK: I UNDERSTAND AND ACKNOWLEDGE that: (1) my, and/or the minor(s) (as applicable), use of the Facilities and participation in the Activities bear certain Risks and those Risks may result in claims against the Released Persons; (2) I must follow, and/or the minor(s) (as applicable) must follow, the rules and regulations, safety and hygiene protocols that have been implemented by MAC, that are required by Applicable Laws and that are posted online from time to time and physically displayed at the Facilities and the Applicable Laws; (3) my, and/or the minor(s) (as applicable), use of or attendance at the Facilities will increase the risk of exposure to or contracting a Health Event; (4) a Health Event is highly contagious (even without a carrier showing symptoms) and can spread to a person through many means, known and unknown, including without limitation, respiratory droplets generated through a cough or sneeze; close personal contact; touching something with the virus on it and then touching your mouth, nose or eyes before washing your hands; negligence of others; negligent first aid; and negligence on the part of the Released Persons; (5) I will come into contact with other people while using the Facilities and will be sharing washrooms and other spaces; (6) social or physical distancing cannot be guaranteed; (7) regardless of health screening and other safety protocols, such as enhanced sanitization, the Released Persons cannot eliminate the spread of a Health Event at the Facilities; and (8) any behavior that places others at risk or against the rules and regulations at MAC may result in immediate termination of facility usage and privileges, at the sole discretion of the Released Persons, and, in the event of such termination, no portion of any payments made to MAC shall be refundable under such circumstances.

VOLUNTARY ACCEPTANCE AND ASSUMPTION OF RISK AND RESPONSIBILITY: I EXPRESSLY AND VOLUNTARILY AGREE TO ACCEPT AND ASSUME ALL THE RISKS, IN EXCHANGE FOR BEING PERMITTED THE RIGHT TO PARTICIPATE IN THE ACTIVITIES AND USE THE FACILITIES.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT: I EXPRESSLY AND VOLUNTARILY RELEASE AND FOREVER DISCHARGE THE RELEASED PERSONS FROM ANY AND ALL RISKS.

INDEMNITY: I FURTHER AGREE TO INDEMNIFY AND SAVE HARMLESS THE RELEASED PERSONS FROM AND AGAINST ALL RISKS.

ENTIRE AGREEMENT, SEVERABILITY, ENUREMENT AND VENUE: I understand and agree that this is the entire agreement between the undersigned and the Released Persons, and that it cannot be modified or changed in any way by the representations or statements of the Released Person or any employee or agent of the Released Persons, or by the undersigned. This Agreement shall supersede any and all prior agreements as to such subject matter noted herein. In consenting to the terms of this Agreement, I am not relying upon any oral or written representations or statements made by a representative or representatives of the Released Persons other than what is set forth in this Agreement. 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 of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall ensure to the benefit of me and my heirs, next-of-kin, executors, administrators, assigns and representatives, and the Released Persons and their successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of the Province of Alberta, in the Judicial Centre of Calgary and I hereby consent to the exclusive jurisdiction of such courts. The words and terms in this Agreement denoting inclusiveness (such as include or includes or including), whether or not so stated, are not limited by and do not imply limitation of, their context or the words or phrases which precede or succeed them. All references to federal and provincial statutes, regulations, codes and guidelines in this Agreement includes amendments to such statutes, regulations, codes and guidelines and successor and replacement legislation thereto unless otherwise stated to the contrary. THIS AGREEMENT, AND THE ACKNOWLEDGMENTS, ASSUMPTIONS, RELEASES AND INDEMNITIES CONTAINED HEREIN WILL APPLY TO ALL CURRENT AND FUTURE PARTICIPATION IN THE ACTIVITIES OR USE OF THE FACILITIES OR FROM ANY HEALTH EVENT EXPOSURE.