Upside Events Participant Waiver and Release of Liability (2027)

1. Parties and events covered

This Waiver and Release of Liability (the “Waiver”) is given to Ridley Enterprises Inc., operating as Upside Events and its event trade names Mega Bounce, Bubble Chase 5K, The Popcorn Run, Tuff Pumpkin and Monster Colour 5K, and to its owners, directors, officers, employees, contractors, volunteers, agents, sponsors, host venues, landowners, municipalities, and partners (together, “Upside Events,” “we,” “us,” or “our”).

It applies to my participation, or the participation of a minor for whom I am the parent or legal guardian, in any Upside Events program, race, or related activity, including events held under these brands:

• Mega Bounce
• Bubble Chase 5K
• The Popcorn Run
• Tuff Pumpkin
• Monster Colour 5K

and any other event or activity organized or operated by Upside Events, whether in Alberta, Saskatchewan, British Columbia, Ontario, or elsewhere (the “Event”).

By agreeing to this Waiver, I confirm that I am at least the age of majority in the province or territory where the Event takes place, or that I am the parent or legal guardian of the participant, and that I have read and understood this Waiver.

2. Plain-language summary

This section is a short overview only. The rest of this Waiver is the agreement.

• The Event involves physical activity and hazards. I understand those risks and still choose to take part, or to allow the minor participant to take part.
• I release Upside Events from claims, to the fullest extent permitted by law, as described below.
• I confirm the participant is healthy enough to take part, and I will follow staff rules.
• I give consent for emergency medical care if needed.
• I understand that the participant may appear in Event photos and video. By attending, I agree that Upside Events may use those photos and videos in any way, including marketing, advertising, social media, the website, sponsors, and promotional materials, without payment or further notice. I may email info@upsideevents.ca about a specific photo, and Upside Events will consider the request.
• Tickets are non-refundable unless Refund Protection was purchased, as described below. Transfers may be available for a fee.
• If I am agreeing for a child, I am agreeing as their parent or legal guardian.
• Agreeing at the Upside Events online checkout, and entering the Event course, both count as my acceptance of this Waiver.

I understand that agreeing to this Waiver affects my legal rights. I should not agree to it if I do not understand it. I may want to get independent legal advice first.

3. The activities

The Event may include, depending on the brand and course, some or all of the following:

• running, walking, jogging, or racing on roads, sidewalks, paths, parks, fields, parking lots, or other venues
• inflatable obstacles, bounce structures, slides, climbs, tunnels, pads, and similar course elements (including Mega Bounce and other obstacle events)
• colour powder, dyes, cornstarch-based or similar colour materials, and coloured water or spray (including Monster Colour 5K)
• bubbles, foam, soapy water, and wet or slippery surfaces (including Bubble Chase 5K, which may use a 2.5K loop completed twice)
• pumpkins, gourds, harvest-themed props, decorations, or obstacles (including Tuff Pumpkin)
• popcorn, food, or themed props and decorations (including The Popcorn Run)
• warm-up activities, start-line and finish-line areas, bag check, spectator areas, and other event-site activities
• transportation between areas of the venue, if provided
• use of equipment, costumes, or accessories supplied by Upside Events or by me

The Event may be changed, shortened, delayed, postponed, or cancelled because of weather, safety, venue issues, or other reasons.

4. Assumption of risk

I understand that participation in the Event is voluntary and involves inherent and other risks of property damage, serious injury, and death. Those risks cannot be removed entirely, even when the Event is carefully organized.

Risks include, but are not limited to:

• slipping, tripping, falling, collisions with other people, obstacles, vehicles, or objects
• uneven, wet, soapy, foamy, muddy, or slippery surfaces
• falls from or inside inflatable obstacles; unexpected deflation, movement, or failure of inflatables; entanglement; landing awkwardly; and injuries from climbing, sliding, or jumping
• sprains, strains, fractures, head injuries, cuts, bruises, scrapes, and overuse injuries
• heat illness, cold exposure, dehydration, exhaustion, and cardiac or other medical events, including in people who appeared healthy
• allergic reactions, asthma, breathing difficulty, eye or skin irritation, staining of skin, hair, or clothing, and ingestion or inhalation of colour powder, foam, bubbles, soap, or similar materials
• pumpkin debris, props, or decorations causing trips, slips, or impact
• weather, including rain, wind, heat, cold, lightning, or poor air quality
• actions or omissions of other participants, spectators, staff, or volunteers
• first-aid or medical treatment that is delayed or limited
• theft, loss, or damage of personal property, including clothing, electronics, and vehicles
• negligence by Upside Events or others, to the extent a release of negligence is permitted by law

I freely accept and fully assume all such risks, dangers, and hazards, and the possibility of personal injury, death, property damage, or loss, resulting from my participation or the minor participant’s participation in the Event.

5. Health declaration

I declare that the participant:

• is in a physical and mental condition that makes it reasonably safe for them to take part in the Event
• does not have a known medical condition, injury, allergy, or disability that would make participation unreasonably dangerous, unless I have disclosed it during registration or to Event staff and still choose to participate or to allow the minor to participate
• will not take part while under the influence of alcohol, cannabis, or any drug or medication that could impair judgment, balance, or safety

I understand that Upside Events does not medically screen participants and is not responsible for determining whether the participant is fit to take part.

If I have medical conditions, allergies, or other health information that staff should know in an emergency, I will provide it during registration or to Event staff. Providing that information does not replace medical advice.

6. Conduct and staff rules

I agree that the participant will:

• follow all instructions, course markings, and safety rules from Upside Events staff, volunteers, and venue personnel
• wear any required timing device, bib, or wristband and any required safety gear
• stay off closed or restricted parts of the course or venue
• treat other participants, staff, volunteers, and spectators with respect
• not behave in a way that is dangerous, abusive, or disruptive

I understand that Upside Events may remove a participant from the Event, without a refund (except as set out in section 13, Tickets, refunds, Refund Protection, and transfers), if staff reasonably believe the participant is a safety or conduct risk, has broken these rules, or has provided false information.

7. Inflatable and obstacle rules (Mega Bounce and any event with inflatables)

I agree that the participant will:

• Follow obstacle staff at every inflatable, including when to enter, how many people may be on it at once, and when to wait.
• Take off shoes if staff ask, and remove glasses, jewellery, keys, pens, phones and anything sharp before entering an obstacle.
• Never do flips, dives, wrestling, pushing, tackling, piggybacks or roughhousing, and never climb on walls, netting or anchor points.
• Go down slides feet first and seated, one at a time, and move clear of the landing area right away.
• Not enter an obstacle that looks deflated, damaged, wet in an unusual way, or closed. Staff may close or skip obstacles because of wind, rain, lightning or crowding without notice, and that’s not grounds for a refund.
• Skip any obstacle they don’t feel able to do safely. Walking around an obstacle is always allowed.

I understand that people of different ages and sizes may share an obstacle, and that this raises the risk of collisions.

Health conditions specific to inflatables: People who are pregnant, or who have heart, neck, back, head or joint conditions, a recent injury, or recent surgery, should not use the inflatables. If they take part anyway, they do so at their own risk.

Children: Participants under 8 must be with a registered, paying adult guardian, who stays with them on the course and supervises them on every obstacle. Youth tickets are for anyone under 18, and a parent or guardian must agree to the waiver for them. The guardian is responsible for the child’s conduct and safety on the course.

Wind and weather: Inflatables cannot be used safely in high wind or lightning. Upside Events may pause, change, shorten or cancel the obstacle course at any time for safety. The refund terms in this waiver apply.

8. Medical consent

If the participant is injured or becomes ill, I consent to first aid and to emergency medical, dental, or ambulance care that staff, volunteers, or emergency services reasonably consider necessary. I understand that I am responsible for the cost of that care, including ambulance and hospital costs, and that Upside Events does not provide personal health, travel, or accident insurance for participants by selling a ticket or Refund Protection.

I authorize Upside Events to contact the emergency contact named during registration or at the Event, and to share information needed for treatment.

9. Release of liability

To the fullest extent permitted by applicable law, I release, waive, and forever discharge Upside Events from all claims, demands, actions, and liabilities of any kind, whether known or unknown, including claims for injury, death, property damage, or other loss, arising out of or related to the Event or this Waiver, including claims arising from the negligence of Upside Events, but not including claims that the law does not allow to be released.

I understand that this release is intended to be as broad as the law allows. If any part of it is not enforceable in the province or territory where the Event takes place, the rest of this Waiver still applies, and the unenforceable part will be modified only as much as needed to make it enforceable.

Nothing in this Waiver is intended to exclude or limit liability that cannot legally be excluded or limited, including, where applicable, liability for fraud, or for gross negligence or willful misconduct, if and to the extent the law does not allow that liability to be released.

10. Indemnity

To the fullest extent permitted by law, I agree to hold harmless and indemnify Upside Events from claims, losses, damages, and reasonable legal costs arising out of or related to the participant’s involvement in the Event, or from my or the participant’s breach of this Waiver, except to the extent caused by liability that cannot legally be excluded.

If I am agreeing as a parent or legal guardian, this indemnity includes claims made by or on behalf of the minor participant, to the extent permitted by law.

11. Minors — parent or guardian agreement

If the participant is under the age of majority in the province or territory where the Event takes place, this Waiver must be agreed to by a parent or legal guardian.

By agreeing for a minor, I confirm that:

• I am the participant’s parent or legal guardian and have the authority to agree to this Waiver
• I have read this Waiver and explained the Event and its risks to the minor, as appropriate for their age
• I consent to the minor’s participation
• I agree to all parts of this Waiver on my own behalf, including the assumption of risk, release, indemnity, medical consent, and ticket terms
• I agree to this Waiver on behalf of the minor, to the fullest extent the law allows

12. Photo and media consent

Upside Events and its partners may take photographs, video, and audio at the Event, including of participants.

By attending the Event, I agree that the participant may appear in Event photos, video, audio, or livestreams, and that Upside Events may use those photos, videos, and recordings in any way, including for marketing, advertising, social media, the website, sponsors, and promotional materials, in any media, without payment to me and without further notice.

If I have a request about a specific photo, video, or recording, I may email Upside Events at info@upsideevents.ca. Upside Events will consider the request, but does not promise to remove or stop using any image or recording.

13. Tickets, refunds, Refund Protection, and transfers

I acknowledge the following ticket terms, which also appear on Upside Events’ event pages:

• No refunds. Tickets are non-refundable, including if I change my mind, cannot attend, arrive late, am removed for breaking Event rules, or am unhappy with the Event, except as described below.
• Refund Protection ($10 per person). If Refund Protection was purchased for a participant, that participant (or the person who bought the ticket) may request a refund of the ticket price for any reason, including if the Event is cancelled or postponed. The $10 Refund Protection fee is non-refundable and is not returned as part of the refund. Refund Protection is ticket-refund protection only. It is not insurance, and it does not cover personal injury, medical costs, travel, or property loss.
• Transfers ($13.50). If Refund Protection was not purchased, a ticket may be transferred, if Upside Events approves, to the following year’s event or to another existing event in the same series, for a transfer fee of $13.50. The transfer is completed with a one-time promo code for the new event. A booking fee may also apply to that payment, as disclosed at the Upside Events online checkout.
• If the Event is cancelled or postponed and Refund Protection was not purchased, my remedy is limited to a transfer as described above, unless the law requires otherwise or Upside Events offers something different in writing.
• Refund and transfer requests go to info@upsideevents.ca.

These ticket terms do not limit any right that consumer-protection law says cannot be waived.

14. Personal information

I consent to Upside Events collecting, using, and storing the personal information provided in connection with this Waiver and during registration (including name, contact details, date of birth or age category, emergency contact, and any health information I choose to disclose) for the purposes of running the Event, checking agreement to this Waiver against the registration list, communicating about the Event, health and safety, and legal or insurance records.

Health information will be used only as needed for safety, first aid, or insurance, and will not be used for marketing.

I understand that the record of my agreement to this Waiver is stored through the Upside Events online checkout (payments are processed by Stripe), and that Upside Events’ privacy practices will be described in its privacy policy.

15. Electronic agreement and entering the course

I agree that I may accept this Waiver electronically, including by checkbox, typed name, or drawn signature on a computer, phone, or tablet, and that my electronic acceptance will have the same effect as a handwritten signature, to the extent permitted by law. I consent to receive a copy of this Waiver electronically if one is provided.

I have had a reasonable opportunity to read this Waiver before agreeing. If I am agreeing for a minor or for more than one participant, I am authorized to do so.

I also understand that entering the Event course means I have read and agreed to this Waiver. Agreeing at the Upside Events online checkout, and entering the course, both count as my acceptance of this Waiver.

16. Governing law and severability

This Waiver is governed by the laws of the province or territory in which the Event takes place, and the federal laws of Canada that apply there. If a court finds any part of this Waiver unenforceable, the remaining parts will continue in effect.

If I am participating in more than one Event, I may be asked to agree again for later Events, or a prior agreement to this Waiver may be applied as the Upside Events online checkout and Event terms allow.

17. Acknowledgement

I confirm that I have read this entire Waiver, including the assumption of risk, inflatable and obstacle rules, release of liability, medical consent, photo terms, and ticket and refund terms. I understand it, I am agreeing to it freely, and I agree to be bound by it.

By completing the Upside Events online checkout and agreeing to this Waiver, and by entering the Event course, I accept this Waiver.

If I am agreeing for a minor participant, I confirm that I am the minor’s parent or legal guardian, and that I agree to this Waiver on my own behalf and on behalf of the minor, to the fullest extent the law allows.