Strathcona County Pickleball Association

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT(hereinafter referred to as the "Release Agreement")

PLEASE READ CAREFULLY!
This Release Agreement shall apply to all subsequent membership renewals.

BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT

TO: PICKLEBALL CANADA ORGANIZATION, and its affiliated provinces and territories and its local associations and clubs, and their respective directors, officers, employees, instructors, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors and assigns (hereinafter collectively referred to as the "Releasees").

ASSUMPTION OF RISKS

I am aware that participating in the sport of pickleball involves many risks, dangers and hazards including, but not limited to: collision with other persons or objects; being struck by a paddle; being hit by a ball; the risk of stroke, heart attack or other similar life threatening conditions caused by physical exertion; the risk of personal injury including, but not limited to, strains, sprains, fractures, brain injury, spinal cord injury including paraplegia or quadriplegia, or death; loss of balance or control; slips, trips and falls; negligent first aid; failure to act safely or within one’s own ability; negligence of other persons; and, NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

In consideration of the Releasees accepting my application for membership in the Pickleball Canada Organization and, as applicable, my affiliated province or territory and local association or club, and permitting my use of the facilities and premises provided by the Releasees (hereinafter "the premises"), I hereby agree as follows:

1. TO WAIVE ANY AND ALL CLAIMS that 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 sport of pickleball including, but not limited to, my use of the 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 ANY PROVINCIAL OCCUPIERS’ LIABILITY LEGISLATION 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 THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE.

2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property of or personal injury to any third party, resulting from my use of or presence on the premises;

3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;

4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Alberta and no other jurisdiction; and

5. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of Alberta, and shall be within the exclusive jurisdiction of the Courts of the Province of Alberta.

In entering into this Release Agreement I am not relying upon any oral or written representations or statements made by the Releasees with respect to the safety of pickleball other than what is set forth in this Agreement.

I HAVE READ AND UNDERSTAND THIS RELEASE 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.

Pickleball Alberta and affiliated clubs are committed to ensuring a safe and positive environment within our programs, activities, tournaments and events by expecting that members follow an acceptable code of conduct.

Individual members have a responsibility to:

• Demonstrate respect for every person regardless of physical characteristics, athletic ability, age, ancestry, colour, race citizenship, ethnic origin, creed, disability, family, economic or marital status, gender identity or expression of sexual orientation.
• Focus comments or criticism appropriately and avoid public criticism of athletes, coaches, officials, organizers, volunteers, employees or members.
• Consistently demonstrate the spirit of sportsmanship, sport leadership and ethical conduct.
• Act, when appropriate, to correct or prevent practices that are unjustly discriminatory
• Consistently treat individuals fairly and reasonably.
• Ensure adherence to the rules of Pickleball and the spirit of those rules

Failure to follow the code of conduct may result in disciplinary action taken by an affiliated club or Pickleball Alberta.

Preamble

SCPA’s Vision and Mission statements define our association’s purpose as a promoter and facilitator of the sport of pickleball in Strathcona County; ultimately enhancing the health, emotional and physical wellness of its members: the spirit of recreation, fun, fair and friendly play.

1.0 Code of Conduct Policy

While elements of competitiveness are natural to the game: SCPA Board of Directors expects members to demonstrate and mentor positive sportsmanship, value respectfulness, honesty, fair play and avoid causing harm to others.

In the event of dispute, involved parties are expected to attempt to resolve concern(s) using their own resources without engaging the Board of Directors.

Members have the choice of reporting an unresolved breach(s) to the Board. The SCPA

Board is without the authority to intervene and/or act on verbal reports of breaches of conduct. All breaches are to be reported in writing/email, directly to the Board President. The following provides a framework for Board and Member use. Should the party or parties choose to withdraw their report, they must do so in writing to the Board President.

2.0 Code of Conduct Guidelines

2.1 During SCPA activities, all members are expected to abide by the official rules of pickleball as set out by the International Federation of Pickleball (IFP).

2.2 Avoid any action that may be taken, by group and/or individual, or may be Identified as harassment, rude gestures, offensive, profanity or abusive, racist, sexist, degrading or maliciousness.

2.3 Support and uphold the SCPA’s Vision and Mission and endeavour to be a good role model by leading by example, displaying respect, self-control and good sportsmanship.

3.0 Board Process

The following process for addressing breaches of conduct has been defined and approved by the SCPA Board of Directors. The process will ensure that protection of privacy will be ensured to all engaged parties. The process is intended to focus on mediating concerns in a timely manner. On receipt of a written concern regarding a conduct breach(s), the SCPA Board President will immediately inform all Members of the Board and appoint two Executive Board Members to:

3.1 Contact and meet with the involved members, within a two-week period to review and gain a unilateral understanding of the dispute and report findings back to the Board at the next Board Meeting. The meeting will involve putting forth a motion, Board discussion, and a vote on outcome. Following the meeting a letter/or email, outlining the Boards decision will be forwarded to the disputing parties within a one-week time frame. All correspondence concerning breaches of conduct will be filed by the Board both in hard copy and electronically.

4.0 Options for Resolving A Conduct Dispute

Please Note: In the event of termination, the member(s) will forfeit all remaining fees for the year.