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The Waiver of Liability and Hold Harmless Agreement is a crucial legal instrument used across various sectors in Canada where activities or services involve inherent risks. This document serves two primary purposes: first, it acts as a liability waiver where participants acknowledge risks and waive their right to sue; second, it includes a hold harmless provision where participants agree to indemnify the service provider against potential claims. The agreement must be drafted in compliance with Canadian provincial regulations and federal laws, with careful consideration of jurisdictional requirements regarding the enforceability of liability waivers. It's particularly important in activities such as sports, recreation, education, and various business operations where risk management is essential. The document typically includes detailed risk acknowledgments, clear waiver language, indemnification provisions, and emergency authorizations, all structured to meet the legal standards established by Canadian courts.

1. Parties: Identifies and defines the parties to the agreement - the party seeking protection from liability (Releasee) and the party waiving their rights (Releasor)

2. Background: Describes the context, activity, or circumstances that necessitate the waiver

3. Definitions: Defines key terms used throughout the agreement, including 'Activities', 'Claims', and 'Released Parties'

4. Acknowledgment of Risks: Details the risks, hazards, and dangers associated with the activity that the Releasor acknowledges and accepts

5. Waiver and Release: Core section where the Releasor waives their rights to sue and releases the Releasee from liability

6. Hold Harmless and Indemnification: Releasor's agreement to indemnify and hold the Releasee harmless from any claims

7. Emergency Authorization: Authorization for emergency medical treatment if needed

8. Severability: Establishes that if any provision is found invalid, the remainder of the agreement remains in effect

9. Governing Law: Specifies that Canadian law governs the agreement and identifies the applicable province

10. Entire Agreement: Confirms that this document represents the complete agreement between parties

11. Acknowledgment: Statement confirming that the Releasor has read, understood, and voluntarily agrees to the terms

12. Execution: Signature block with date and witness provisions