This Release and Waiver of Liability (the "Release") is being given by you, as a volunteer product evaluator, in favour of PTPA Media Inc., its affiliates, associates, representatives and agents and each of their directors, officers and employees (referred to as "PTPA Media").
I desire to participate in one or more product evaluations either partially or wholly sponsored by PTPA Media (the "Product Evaluation"). In consideration for receiving permission to participate in the Product Evaluation, and for other good and valuable consideration, the receipt of which is hereby acknowledged, I hereby irrevocably and unconditionally warrant and agree, without duress, to the following terms:
1. STATUS AND RELATIONSHIP. I hereby certify that I am over the age of majority in my jurisdiction of residence and am fully competent to agree to this Release. I warrant that I am physically and mentally able to fully participate in the Product Evaluation. I further certify that I am not employed by PTPA Media and have not received, nor will I receive, monetary compensation from PTPA Media for the Product Evaluation, and that participation in the Product Evaluation is purely voluntary and at my own risk.
2. NO WARRANTY. I understand that PTPA Media is not the manufacturer, distributor or supplier of the product(s) involved in the Product Evaluation. I further understand and agree that PTPA Media is not providing any warranty, representation or guarantee with respect to the product(s) involved in the Product Evaluation, including but not limited to with respect to the suitability, condition, quality or safety of the product(s) involved in the Product Evaluation. I am not relying upon any oral or written representations, statements or inducements made by PTPA Media with respect to the suitability, condition, quality or safety of the product(s) involved in the Product Evaluation and the preparation for, and participation in, the Product Evaluation. Nothing in this Release shall be considered to be an admission of liability or wrongdoing on the part of PTPA Media.
3. ASSUMPTION OF THE RISK. I am fully aware of the risks and hazards associated with the Product Evaluation, including but limited to the risk of loss, damage, personal injury, illness, death and/or property damage to me, my family and/or third parties. I understand and I have considered and evaluated the nature, scope and extent of the risks involved, and I voluntarily and freely choose to assume those risks. I expressly and specifically assume full responsibility for any and all loss, damage, personal injury, illness, death or property damage that may result to me, my family and/or any third party arising out of my participation in the Product Evaluation (including, without limitation, travel to or from, or while at the premises where the Product Evaluation is being conducted, if applicable), whether caused by the negligence of PTPA Media or otherwise.
4. WAIVER AND RELEASE. I hereby release, waive, agree not to sue, forever discharge and hold harmless PTPA Media and its successors and assigns from any and all liability, claims, demands, expenses, liens, damages, suits, debts, actions and causes of action of whatever kind or nature, either in law or in equity, arising out of or relating to my participation in the Product Evaluation or any activity associated with or facilitating that participation. I understand and acknowledge that this Release discharges PTPA Media from any liability or claim that I may have against PTPA Media with respect to any loss, damage, personal injury, illness, death or property damage that may result to me, my family and/or any third party from my participation in the Product Evaluation, or otherwise, while participating in such activity, or while travelling to or from or being in, on or upon the premises where the Product Evaluation is being conducted, whether caused by the negligence of PTPA Media or otherwise. I also understand and agree that this Release may be raised by PTPA Media as an estoppel and may be a complete bar and defence to any such claim, demand, expenses, lien, damage, suit, debt, action and cause of action that I attempt to make against PTPA Media arising out of or relating to the Product Evaluation or any activity associated with or facilitating that participation.
5. INDEMNIFICATION. I hereby agree to indemnify and hold harmless PTPA Media from any claims, litigation, other legal proceedings, judgments, obligations, losses, penalties, expenses (including, without limitation, court costs and legal fees) and damages of any kind imposed upon, incurred by or asserted against PTPA Media resulting from or arising out of my participation in the Product Evaluation, or any activity associated with or facilitating that participation, whether caused by the negligence of PTPA Media or otherwise.
6. INSURANCE. I understand and agree that PTPA Media does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or insurance, in the event of any loss, damage, personal injury, illness, death or property damage. I also understand and agree that PTPA Media does not maintain any insurance policy covering any circumstance arising from my participation in the Product Evaluation or any activity associated with or facilitating that participation. As such, I understand and agree that I should review my personal insurance portfolio for such coverage.
7. TERMINATION AND RECOVERY OF PRODUCTS. I understand that PTPA Media reserves the right to instruct me to return the product(s) being evaluated and to cease Product Evaluation activities for any reason and I agree to comply with those instructions immediately upon receipt.
8. CONFIDENTIALITY. I hereby agree that any dispute resolved by this Release shall remain confidential and shall not be disclosed by me except to the extent compelled by law or as otherwise agreed to in writing by PTPA Media, provided that it will not be a violation of this paragraph to make necessary disclosure to my immediate family or to my legal professional advisors so long as they also agree in writing to PTPA Media to abide by the terms of this paragraph.
9. BINDING EFFECT. It is my express intent that this Agreement be effective and binding upon myself, my child(ren), spouse, members of my family and all of our respective next of kin, heirs, executors, administrators, assigns and personal representatives.
10. GOVERNING LAW. I understand that this Release is intended to be as broad and inclusive as permitted under the laws of the Province of Ontario and the laws of Canada, and that this Release shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Any litigation involving this Release or the subject matter hereof shall be brought solely within Ontario, Canada and shall be within the exclusive jurisdiction of the Courts of Ontario, Canada. In the event that any clause or provision of this Release shall be held to be invalid or unenforceable by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provision of this Release which shall continue to be in full legal force and effect.
I AM AWARE THAT BY AGREEING TO THIS RELEASE, I AM WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF MEMBERS OF MY FAMILY AND ALL OF OUR RESPECTIVE NEXT OF KIN, HEIRS, EXECUTORS, ADMINISTRATORS, ASSIGNS AND PERSONAL REPRESENTATIVES), INCLUDING THE GIVING UP OF MY RIGHT TO SUE, WHICH I MAY HAVE AGAINST PTPA MEDIA.
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