Online Waiver

In consideration of being permitted by “WQT MASJID“, to participate in its activities and to use its equipment and facilities, now and in the future, I hereby agree to release, indemnify and forever discharge WQT MASJID, its agents, owners, members, shareholders, officers, directors, managers, partners, employees, volunteers, manufacturers, participants, lessors, affiliates, its subsidiaries, related and affiliated entities, successors and assigns (the “RELEASED PARTIES“), on behalf of myself, my spouse, my child(ren), my parent(s), my heir(s), assign(s), personal representative(s) and estate as follows:

I acknowledge that my participation in the activities provided at WQT MASJID’S programs entails known and unknown risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.

The risks include, among other things and without limitation: exposure of participants to the risk of cuts and bruises, sprained or broken wrists and ankles, concussions, dislocations, head/neck injuries, and in some cases more serious injuries, including paralysis or death. Traveling to and from program locations raises the possibility of any manner of transportation accidents. Flipping and running and bouncing off the walls is dangerous and can cause serious injury, and must be done at the participants own risk. Similar risks are also inherent in using the Foam Pits, Air Bags, Dunking Hoops, Climbing Walls, Rope Swing and/or devices present at the facility. In any event, if you or your child is injured, you or your child may require medical assistance, at your own, sole expense.

Furthermore, WQT MASJID employees have difficult jobs to perform. They strive for the highest standards of safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They may give incomplete warnings or instructions, and the equipment being used might become loose, out of adjustment, or malfunction. There is also a risk that WQT MASJID employees may be negligent in, among other things, monitoring and supervising use of its equipment and facilities and in the maintenance and repair of its equipment and facilities. I expressly agree and promise to voluntarily accept and assume all the risks existing in the activities present at WQT MASJID.

My participation and the participation of my child/ren in these activities is purely voluntary, and I elect to participate in spite of all known, and unknown risks. I hereby voluntarily release, forever discharge, and agree to defend, indemnify, and hold harmless RELEASED PARTIES from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of WQT MASJID’S equipment or facilities, including any such claims which allege negligent acts or omissions of RELEASED PARTIES. Should WQT MASJID or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. This means that I will pay all of those attorney’s fees and costs myself.

I certify that I have adequate insurance to cover any injury or damage that my child may cause or suffer while participating in the activities present at WQT MASJID, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition that I may have, pre- existing or otherwise. In the event that I file a lawsuit against WQT MASJID for any reason, I agree to do so solely in the Province of Ontario and I further agree that the substantive law of Ontario shall apply in that action without regard to the conflict of the law rules of that Province.

I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. I agree as an adult participant, or the Parent/Legal Guardian of a minor participant, in consideration of being permitted to participate at WQT MASJID, grant WQT MASJID, and all RELEASED PARTIES, the irrevocable right and permission to photograph and/or record me or my child(ren)/ward(s) in connection with WQT MASJID to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner in any and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted to this release are without compensation of any kind. All photographs and/or recordings are the exclusive property of WQT MASJID.

If the participant is a minor, I agree that this Waiver, Release of Liability, Indemnity and Assumption of Risk Agreement (this “RELEASE“) is made on behalf of that minor participant and that all of the releases, waivers and promises herein are binding on that minor participant. I represent that I have full authority as Parent or Legal Guardian of the minor participant to bind the minor participant to this Release.

If the participant is a minor, I further agree to defend, indemnify and hold harmless WQT MASJID from any and all claims or suits for personal injury, property damage or otherwise which are brought by, or on behalf of the minor, and which are in any way connected with such use or participation by the minor, including injuries or damages caused by the negligence of RELEASED PARTIES, except injuries or damages caused by the gross negligence or willful misconduct of the party seeking indemnity. I confirm that I have not consumed any alcohol, drugs, or participated in any other activity which might impair my ability to safely participate in the activity prior to or during the course of my partaking in any of the activities located at WQT MASJID’S facility. I confirm that I have had sufficient time to read and understand this Release in its entirety. I understand that this Release represents the entire agreement between myself and WQT MASJID (and the RELEASED PARTIES), and is binding on myself and anyone claiming through or under me. I on my own behalf am executing this Release freely and voluntarily without any compulsion on the part of WQT MASJID or any of the RELEASED PARTIES.

COVID-19. COVID-19 has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. WQT Masjid has put in place preventative measures to reduce the spread of COVID-19; however, WQT Masjid cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending WQT Masjid could increase your risk and your child(ren)’s risk of contracting COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending WQT Masjid and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at WQT Masjid may result from the actions, omissions, or negligence of myself and others, including, but not limited to, WQT Masjid employees and other customers and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my or my child(ren)’s attendance at WQT Masjid. On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless WQT Masjid, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the WQT Masjid, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after I/We patronize WQT Masjid.

I acknowledge, understand, and appreciate that as part of my Child’s participation in the Program there are dangers, hazards and inherent risks to which my Child may be exposed, including the risk of serious physical injury, temporary or permanent disability, and death, as well as economic and property loss. I further realize that participating in the Program may involve risks and dangers, both known and unknown, and have elected to allow my Child to take part in the Program.

I, on behalf of my Child, hereby understand and acknowledge that my failure to disclose relevant information may result in harm to my child and/or others during this Program. By signing my name, I represent and warrant that my child’s mental, physical, or medical condition enables him/her to participate in the Program without any special accommodation.

I, on behalf of my Child, understand that WQT MASJID recommends we consult with a physician prior to allowing our child to participate in this Program and if I am uncertain about any pre-existing medical conditions, it is my responsibility to consult with my Child’s physician prior to my Child participating in this Program.

I, on behalf of my Child, hereby release WQT MASJID, its Board of Directors, Members, Administration, Faculty, Staff, Volunteers, Partners, Program Staff, and all other officers, directors, employees, and agents from any and all liability as to any right of action that may accrue to my heirs or representatives for any injury to my Child or loss that my Child may suffer while training, preparing, participating and/or traveling to or from the Program. This agreement is binding on my heirs and assigns.

I, on behalf of my Child, furthermore release, indemnify and hold harmless WQT MASJID from and against any and all liability, actions, debts, claims and demands of every kind whatsoever, specifically including, but not limited to, any claim for negligence or negligent acts or omissions and any present or future claim, loss or liability for injury to person or property that my Child may suffer, for which my Child may be liable to any other person, that may or does arise out of my Child’s participation in the Program. I understand that WQT MASJID accepts no responsibility for my Child’s personal property.

I, on behalf of my Child, furthermore acknowledge that WQT MASJID does not provide on-site medical care or provide and administer any prescription or over-the-counter drugs and in the event of an accident or serious illness, I hereby authorize representatives of WQT MASJID to obtain emergency medical treatment for my Child on my behalf. I hereby hold harmless and agree to indemnify WQT MASJID from any claims, causes of action, damages and/or liabilities, arising out of or resulting from said medical treatment. I further agree to accept full responsibility for all expenses, including medical expenses that may derive from any injuries to my Child that may occur during his/her participation in the Program.

By checking the appropriate box below I, on behalf of my Child agree to give WQT MASJID permission to use the electronic image of my Child on WQT MASJID’s website or in WQT MASJID publications or social marketing media posts and I agree to indemnify and hold harmless WQT MASJID, its Board, Administration, Faculty, Staff, Volunteers, Partners, Program Staff, and all other officers, directors, employees and agents from any and all liability as to any right of action that may accrue to my heirs and assigns as a result of WQT MASJID using my Child’s image.

In consideration of not being required to sign a new copy of this RELEASE before each visit, I further agree that this RELEASE shall apply to all future visits by me and by the minor participant until he/she is 18 years old in full, including all provisions of this Agreement.

By signing this document, I acknowledge that if anyone is hurt or property damaged during my participation in any of the WQT MASJID activities, I may be found by a court of law to have waived my or the minor participant’s right to maintain a lawsuit against WQT MASJID or any RELEASED PARTIES on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document.