RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
(“Agreement”)
PLEASE READ CAREFULLY!
BY SIGNING THIS AGREEMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE, BREACH OF CONTRACT, BREACH OF THE OCCUPIERS’ LIABILITY ACT OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
TO ATHL33T and their affiliated/related entities directors, officers, employees, instructors, coaches, referees, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors and assigns (hereinafter collectively referred to as the “Releasees”).
SECTION 1: DEFINITIONS
“Activity” includes all recreational or competitive activities, attractions, events or services provided by the Releasees including, but not limited to, amazing races, ball hockey, basketball, badminton, benchball, bowling, canoeing, card games, curling, dancing, dodgeball, dragon boating, endball, handball, fitness class, floor hockey, football, gaelic football, golfing, handsoccer, ice hockey, water polo, kayaking, kickball, king’s court, lacrosse, mixed-martial arts, pickleball, paddling, rowing, rugby, running, sailing, soccer, softball, spikeball, spinning, squash, tennis, ultimate frisbee, volleyball, yoga and yard games.
“Activity Premises” means the area(s), facility(s), location(s), and venue(s) associated with the Activity.
“Releasor” means the activity participant signing this Agreement.
SECTION 2: ACKNOWLEDGMENT & ASSUMPTION OF RISKS – PLEASE READ CAREFULLY!
I AM AWARE THAT PARTICIPATING IN THE ACTIVITY INVOLVES MANY ASSOCIATED RISKS, DANGERS, AND HAZARDS, including but not limited to: slipping, tripping, and falling; changing weather conditions; variable and difficult terrain conditions; uneven and unmaintained terrain, roads, driveways, walkways, docks, stairs and ramps; marked and unmarked obstacles; failure of or hidden defects in equipment; negligent first-aid; negligence of other Activity participants, the Releasees, or the Releasor, including failure to follow applicable rules and procedures, and risks resulting from the NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF ANY STATUTORY DUTY OF CARE BY THE RELEASEES, and the failure by the Releasees to safeguard or protect me from, or warn me of, the Activity’s risks, dangers and hazards. I also understand that the other risks of participating in the Activity can include exposure to the elements; dim or no exposure to light; exposure to fire; exposure to natural and/or people-made objects; exposure to moving objects; exposure to pollution; exposure to infectious disease, bacteria, or virus, including but not limited to COVID-19, that results in physical distress, illness or death; as well as the risk of collision or impact with other Activity participants, spectators, competitors, course officials, equipment, objects, or vehicles; fatigue; intoxication; cold, sun or heat exposure; encounters with wildlife, poison ivy, or insects/rodents; loss of balance or control; and failure to act safely or within one’s own ability or to stay in designated areas.
I RECOGNIZE AND FREELY ACCEPT ALL RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH MY VOLUNTARY PARTICIPATION IN THE ACTIVITY AND ACCESS TO THE ACTIVITY PREMISES. I FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
SECTION 3: RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT. THESE CONDITIONS WILL AFFECT YOUR LEGAL RIGHTS. - PLEASE READ CAREFULLY!
IN CONSIDERATION OF THE RELEASEES PERMITTING MY ACCESS TO THE ACTIVITY PREMISES AND PARTICIPATION IN THE ACTIVITY, and with full knowledge and understanding of the risks and dangers involved, I AGREE:
- TO GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE, that arise or result from, in whole or in part, accessing the Activity Premises and/or participating in Activity thereon;
- TO WAIVE ANY AND ALL CLAIMSthat I have or may in the future have against THE RELEASEES, and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer, as a result of my participation in the Activity and access to the Activity Premises DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACT ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES THE FAILURE ON PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITY INCLUDING THOSE SPECIFICALLY REFERRED TO ABOVE;
- TO INDEMNIFY, DEFEND AND HOLD HARMLESSthe Releasees from any and all liability, including claims for contribution and indemnity, for any damage to property of or personal injury to myself, my family and/or next of kin, or any third party, resulting from the use of, or presence on, the Activity Premises including any activities undertaken thereon.
- AGREEMENT BINDING– This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and representatives in the event of my death or incapacity;
- JURISDICTION AND CHOICE OF LAW– This Agreement and any rights, duties, and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario and no other jurisdiction. Any litigation involving the parties to this Agreement shall be brought within the Province of Ontario and shall be within the exclusive jurisdiction of the Courts of the Province of Ontario;
- SEVERABILITY– If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such determination shall not impair or affect the validity, legality or enforceability of the remaining provisions hereof, and each provision is hereby declared to be separate, severable and distinct;
- NO OTHER REPRESENTATIONS– In entering this Agreement, I am not relying on any oral or written representation or statements made by the Releasees other than what is in this Agreement; and
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
SECTION 4: PARENTAL/GUARDIAN CONSENT AND WAIVER FOR MINORS UNDER 14 YEARS OF AGE
PLEASE READ CAREFULLY!
BY SIGNING THIS SECTION, YOU, AS PARENT OR LEGAL GUARDIAN, WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS ON BEHALF OF THE MINOR, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE, BREACH OF CONTRACT, BREACH OF THE OCCUPIERS’ LIABILITY ACT, OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT INVOLVING THE MINOR.
TO ATHL33T and their affiliated/related entities, directors, officers, employees, instructors, coaches, referees, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors, and assigns (hereinafter collectively referred to as the “Releasees”).
SECTION 4.1: DEFINITIONS
“Minor” means the child or youth under 14 years of age participating in the Activity, as named below.
“Parent/Guardian” means the undersigned individual who is the parent or court-appointed legal guardian of the Minor, with full authority to enter into this Agreement on behalf of the Minor.
SECTION 4.2: ACKNOWLEDGMENT & ASSUMPTION OF RISKS – PLEASE READ CAREFULLY!
I AM THE PARENT/GUARDIAN OF THE MINOR AND AM EXECUTING THIS WAIVER ON BEHALF OF THE MINOR IN MY CAPACITY AS PARENT/GUARDIAN AND WITH THE INTENT THAT THIS WAIVER BE BINDING ON MYSELF AND THE MINOR FOR ALL LEGAL PURPOSES.
I AM AWARE THAT THE MINOR’S PARTICIPATION IN THE ACTIVITY INVOLVES MANY ASSOCIATED RISKS, DANGERS, AND HAZARDS, including but not limited to those listed in SECTION 2 of this Agreement, such as slipping, tripping, falling; changing weather conditions; variable and difficult terrain; equipment failure; negligence of other participants, the Releasees, or the Minor; exposure to infectious diseases including COVID-19; collisions; fatigue; and other risks that may result in personal injury, death, property damage, or loss to the Minor.
I RECOGNIZE AND FREELY ACCEPT, ON BEHALF OF THE MINOR, ALL RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH THE MINOR’S VOLUNTARY PARTICIPATION IN THE ACTIVITY AND ACCESS TO THE ACTIVITY PREMISES. I FULLY ASSUME, ON BEHALF OF THE MINOR, ALL SUCH RISKS, DANGERS, AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR LOSS RESULTING THEREFROM TO THE MINOR.
I CONFIRM THAT I HAVE EXPLAINED THESE RISKS TO THE MINOR IN AN AGE-APPROPRIATE MANNER AND THAT THE MINOR IS PHYSICALLY AND MENTALLY CAPABLE OF PARTICIPATING, OR I WILL ENSURE APPROPRIATE SUPERVISION.
SECTION 4.3: RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT. THESE CONDITIONS WILL AFFECT LEGAL RIGHTS – PLEASE READ CAREFULLY!
IN CONSIDERATION OF THE RELEASEES PERMITTING THE MINOR’S ACCESS TO THE ACTIVITY PREMISES AND PARTICIPATION IN THE ACTIVITY, and with full knowledge and understanding of the risks and dangers involved, I AGREE ON BEHALF OF MYSELF AND THE MINOR:
- TO GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE, that arise or result from, in whole or in part, the Minor’s access to the Activity Premises and/or participation in the Activity thereon;
- TO WAIVE ANY AND ALL CLAIMS that I or the Minor have or may in the future have against THE RELEASEES, and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense, or injury including death that the Minor may suffer, or that the Minor’s next of kin may suffer, as a result of the Minor’s participation in the Activity and access to the Activity Premises DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACT ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES THE FAILURE ON PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT THE MINOR FROM OR WARN OF THE RISKS, DANGERS, AND HAZARDS OF THE ACTIVITY INCLUDING THOSE SPECIFICALLY REFERRED TO ABOVE;
- TO INDEMNIFY, DEFEND, AND HOLD HARMLESS the Releasees from any and all liability, including claims for contribution and indemnity, for any damage to property of or personal injury to the Minor, my family and/or next of kin, or any third party, resulting from the Minor’s use of, or presence on, the Activity Premises including any activities undertaken thereon.
- AGREEMENT BINDING – This section shall be effective and binding upon the Minor’s heirs, next of kin, executors, administrators, and representatives in the event of the Minor’s death or incapacity, as well as my own;
- JURISDICTION AND CHOICE OF LAW – This section and any rights, duties, and obligations as between the parties shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario and no other jurisdiction. Any litigation involving the parties shall be brought within the Province of Ontario and shall be within the exclusive jurisdiction of the Courts of the Province of Ontario;
- SEVERABILITY – If any provision of this section is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such determination shall not impair or affect the validity, legality, or enforceability of the remaining provisions hereof, and each provision is hereby declared to be separate, severable, and distinct;
- NO OTHER REPRESENTATIONS – In entering this section, I am not relying on any oral or written representation or statements made by the Releasees other than what is in this Agreement; and
I HAVE READ AND UNDERSTAND THIS SECTION AND I AM AWARE THAT BY SIGNING THIS SECTION, I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I, THE MINOR, OR OUR HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS, AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
