Common use of Indemnity; Release Clause in Contracts

Indemnity; Release. 7.1 The Government of Ontario declared a province-wide state of emergency order on March 17, 2020 to protect the health and safety of all Ontarians and to reduce the spread of the novel coronavirus (“COVID-19”). COVID-19 is easily spread by contact with droplets produced by people who have the virus. The University has put in place measures to reduce the spread of COVID-19, however the University cannot guarantee that any individual attending the University campus, using the Facility, or participating in activities or events organized by the University, whether on-campus or off-campus, will not become infected with COVID-19. Further, attending the University campus and participating in activities or events organized by the University, could increase the risk of contracting COVID-19. As a result, the University and the Licensee acknowledge that COVID-19 has resulted in uncertainty and risk around certain events. 7.2 Both the University and the Licensee shall follow COVID-19 directives from Ontario Health Services, the City of ▇▇▇▇▇▇▇▇, Province of Ontario, and/or the Government of Canada as they pertain to the Facility and Licensee’s use thereof. 7.3 The University is attempting to limit the risk of exposure to COVID-19 by using reasonable efforts to follow the health and safety guidelines recommended by the provincial and federal health authorities. Nevertheless, the Licensee understands that there remains a risk that the Licensee could contract COVID-19 by staying at the Facility and participating in the Activity. The Licensee therefore acknowledges and agrees as follows: a) COVID-19 is easily spread by contact with droplets produced by people who have the virus and the Licensee voluntarily assumes the risk that s/he may be exposed to or infected by COVID-19 while attending the Facility and that such exposure or infection may result in personal injury, illness, permanent disability, and death to the Licensee and members of the participant’s household or with whom s/he is in close contact; and b) it is the Licensee’s responsibility to ensure that s/he learns and follows all health, safety and other rules established by the University and the provincial and federal health authorities. The Licensee understands that any behaviour on the part of the Licensee that places others at risk could result in immediate termination of the Licensee’s right to use the Facility. 7.4 In consideration of the University permitting the Licensee to attend the Facility and participate in the Activity, the Licensee agrees to waive and release any and all claims that the Licensee or its participants may have in the future against the University, its members, governors, officers, employees, students, agents, volunteers and independent contractors (collectively referred to as the “Releasees”) for any loss, damage, injury, illness, death or expense that the Licensee may have, or that members of a participant’s household may suffer, including contraction of COVID-19, as a result of participation in the Activity, including such loss, damage, injury, illness, death or expense that is caused by the negligence, breach of contract, or breach of any statutory or other duty of care (including any duty of care owed under the Occupier’s Liability Act, RSO 1990 c O.2, as amended) on the part of the Releasees. 7.5 Licensee agrees to indemnify and save harmless the University and its agents, servants, employees and others for whom the University is in law responsible, against any and all liabilities, claims, suits, actions, damages, interest, penalties, fines, monetary sanctions, losses, costs and expenses of every kind whatsoever (including, without limitation, reasonable costs of professional advisors, consultants and experts) asserted, alleged or imposed against the University by reason of any breach by the Licensee of any provisions of this Agreement, or any negligence, willful misconduct, omission or noncompliance with any law, by-law or University policy by the Licensee, its invitees, guests, personnel, officers, employees, agents or other occupants, or any illness, injury or death of any person or any loss or damage to property howsoever caused, arising from or connected with the Activity or the Licensee’s use of the Facility. 7.6 The provisions of this Section 7 shall survive the expiration or termination of this Agreement.