Release and waiver

PLEASE READ CAREFULLY.

TO THE SPECTATOR, THE PARENT OR THE LEGAL GUARDIAN:

This spectator release and waiver of liability agreement (this “agreement”) has legal consequences and will affect your legal rights and ability to bring future legal actions

IN CONSIDERATION of being permitted to enter and remain at Stade Saputo, the Olympic Stadium or any other venue where the game or event is presented, including all surrounding parking areas, pedestrian plazas, entryways, and other ancillary areas (collectively, the “Stadium”) for a home game or other event of CF Montreal, I, on behalf of myself and on behalf of each of my accompanying minor child and/or pupil (collectively, the “Accompanying Group”), and on behalf of our respective heirs, assigns, executors, administrators, next of kin, and other persons acting or purporting to act on my or their behalf (collectively, with the Accompanying Group, the “Related Persons”), hereby acknowledge and agree as follows:

ACKNOWLEDGMENTS OF COVID-19 AND OTHER RISKS

  1. I fully understand that:
  2. the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation, or variation thereof, “COVID-19”) is an extremely contagious disease that can lead to severe illness and death, and there is an inherent danger and risk of exposure to COVID-19 in any place where people are present;
  3. no precautions, including the protocols that will be implemented from time to time by Complexe de Soccer Saputo (also known as “Stade Saputo”), CF Montreal, Free 2 Play LP, the ticket issuer or the event promotor (collectively, the “Team Entities”) and/or third parties (including, but not limited to, federal, provincial and municipal governmental authorities) (collectively, the “Stadium Protocols”), can eliminate the risk of exposure to COVID-19;
  4. while people of all ages and health conditions can be and have been adversely affected by COVID-19, according to public health authorities,
  5. people with certain underlying medical conditions are or may be especially vulnerable, including, but not limited to, people with chronic kidney disease, chronic obstructive pulmonary disease, moderate to severe asthma, liver disease, compromised immune systems (including as a result of organ transplant), obesity, serious heart conditions, sickle cell disease, and type 2 diabetes, and
  6. the risk of severe illness from the contraction of COVID-19 increases steadily with age, and contracting COVID-19 can result in the further transmission of COVID-19 to my spouse, family members, and other contacts; and
  7. exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition.
  8. I fully understand and knowingly and voluntarily assume all risks related to my entry AND THE ENTRY OF MY Accompanying Group into, and presence in, the Stadium, which may include an increased risk of exposure to illness (including, without limitation, COVID-19), personal injury, disability, other short-term or long-term health effects, AND/OR death, which might result from the actions, inactions, or negligence of MYSELF, any of the Released Parties (as defined below), OR OTHER THIRD PARTIES. I accept personal responsibility for any and all damages, liability, and other losses that I or any of my Related Persons may incur in connection with the foregoing risks.

RELEASE, WAIVER OF LIABILITY, AND COVENANT NOT TO SUE

On behalf of myself and each of my related persons, i hereby knowingly, voluntarily, irrevocably, and forever release, waive, and discharge (and covenant not to sue), each and all of the released parties from (or with respect to) any and all claims, suits, causes of action, and claims for damages, whether past, present, or future, and whether known or unknown,including, but not limited to, claims arising out of or in connection with my death, personal injury, illness, disability, suffering of short-term or long-term health effects, or loss of or damage to property, which i or any of my related persons may have or hereafter accrue against any of the released parties as a result of or that relate in any way to

  1. my or our exposure to covid-19
  2. my or our travel to and from, entry into, or presence within, the stadium or compliance with the stadium protocols or any other policies or protocols applicable to the stadium
  3. any interaction between me or us, other spectators and any personnel of any of the released parties present at the stadium (including, without limitation, any ushers, ticket-takers, event security, health and safety personnel, or cleaning, concessions, or parking personnel)
  4. any interaction between me or us, other spectators and any personnel of any of the released parties present at the stadium (including, without any of the risks identified above in section 1, in each case whether caused by any action, inaction, or negligence of any released party or otherwise.

FOR THE PURPOSES HEREOF, THE “RELEASED PARTIES” ARE COLLECTIVLY:

  1. team entities
  2. Major League Soccer, L.L.C. and its affiliates (MLS), Soccer United Marketing, LLC (SUM), the members of MLS and each of the MLS teams operated by them, and each of their respective direct and indirect affiliates, members, administrators, designees, licensees, agents, owners, officers, directors, employees, sponsors, invitees, and contractors (and all employees of such contractors), and other personnel (collectively, including MLS, SUM, and the team entities, the “MLS parties”)
  3. the direct and indirect owners, lessees, and sublessees of the stadium
  4. concessionaires, merchandisers, other vendors, and all other contractors performing services at the stadium
  5. other third parties present at or from time to time brought to the stadium (including, without limitation, medical personnel)
  6. any parents, subsidiaries, affiliated and related companies or entities, and officers, directors, owners, members, managers, partners, employers, employees, agents, contractors, sub-contractors, insurers, representatives, successors, and/or assigns of each of the foregoing entities and persons, whether past, present, or future, and whether in their institutional or personal capacities

GOVERNING LAW

I agree that this Agreement shall be governed exclusively by the laws of the Province of Quebec as sole applicable governing laws, without giving effect to any choice or conflict of laws provision or rule thereof, and that any legal proceedings related to this Agreement shall take place in Montreal, Quebec.

SEVERABILITY

I agree that if any provision or part thereof contained in this Agreement is declared illegal, unenforceable, or ineffective, such provision or part thereof shall be modified, if possible, in order to achieve the intentions of the parties, and, if necessary, such provision or part thereof shall be deemed severable, such that all other provisions contained in this Agreement shall remain valid and binding.

TERM

The term of this Agreement is indefinite and applies to all activities and events at the Stadium for which I am present for or for which any member of my Accompanying Group is present for, or I or we participate in, and to all and any current or future claim, action, or proceeding between me or us and any of the Released Parties arising out of or relating to this Agreement, or my or our presence at the Stadium (collectively, the “Claims”) arising therefrom, from the date of execution.

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