Pickleball Kelowna Club

WAIVER, RELEASE AND LIMITATION OF LIABILITY

READ THIS CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS

IT IS UNDERSTOOD THAT BECOMING A MEMBER OF THE CLUB AND PARTICIPATING IN THE SERVICES (AS DEFINED HEREIN) CAN BE HAZARDOUS AND INVOLVE INHERENT RISKS.

1. WAIVER, RELEASE AND INDEMNITY

1.1 In consideration of the Club granting acceptance of membership to the Member and allowing the Member to participate in the offerings of the Club, including, allowing the Member to practice, play, engage and participate in Pickleball games with other members and third-parties, attend seminars, training sessions, practices, events, games, tournaments and any other activity at Pickleball courts or other facilities all of which being administered by the Club (the above collectively referred to as the “Services”), the undersigned Member individually and on behalf of the Members’ executors, administrators, heirs, next of kin, representatives, successors and assigns, agrees to:

• a) waive, release and discharge the Club and it’s successors, assigns, subsidiaries, affiliates, employees, managers, members, officers, directors, agents and other representatives (individually and collectively known as, the “Released Parties”) from any and all liability (including but not limited to all claims, causes of action, whether in law or in equity, loss, and damage) for the death, disability, illness, personal injury, including, physical or mental of the Member, and property damage occurring directly or indirectly from the Member’s participation in and use of the Services, and covenants not to sue any of the Released Parties with regard to the same;
• b) protect, defend, hold harmless and indemnify each of the Released Parties from and against any and all claims, actions, causes of action, proceedings, suits, costs, liabilities, damages, and expenses, whether known or unknown (including but not limited to all direct, special, incidental, exemplary and consequently damages, and losses of any kind and lawyer’s fees) based upon, resulting from and/or relating in any way to the Member participating in and using the Services.

2. ASSUMPTION OF RISKS

2.1 The undersigned Member is aware and freely accepts that the Member’s use of the Services may involve inherent risks, including but not limited to those risks that may be physical, psychological, and emotional in nature. The undersigned Member freely accepts and assumes all such risks, dangers and hazards arising from the Member’s participation in and use of the Services.

2.2 The undersigned Member is aware that the using of and participating in the Services may involve, inherent risks, dangers and hazards to their person and property including, without limitation, injury, illness and disability howsoever caused, including improper use of equipment, falls, slips, soft-tissue injuries, over-exertion, interaction with other members and third-parties, the Released Parties or other members of the public, negligence, gross negligence and/or willful misconduct of other members, the Released Parties or other members of the public including the failure on the part of the Released Parties to take reasonable steps to safeguard or protect the Member from the risks, dangers and hazards of using and participating in the Services. KNOWING THESE RISKS, THE UNDERSIGNED MEMBER FREELY ACCEPTS AND FULLY ASSUMES ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.

3. LIMITATION OF LIABILITY

3.1 The undersigned Member agrees that the Released Parties shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages occurring out of or in connection with the Released Parties’ performance or non-performance of the Services provided in this Waiver or other agreements or from the negligence of the Released Parties.

3.2 The Released Parties make no, and hereby expressly disclaim all warranties, express or implied, with respect to the nature or quality of the Services, including the implied warranties of merchantability and the fitness of the goods for a particular purpose. In entering into this Waiver the undersigned Member is not relying on any oral or written representation or statements made by the Released Parties with respect to the safety of the Services, other than what is set forth in this Waiver.

3.3 The undersigned Member agrees to indemnify and reimburse the Released Parties against all liabilities, claims, demands, actions, causes of action, damages, losses, costs and expenses suffered or incurred by the Released Parties as a result of the Member using and participating in the Services. Any claim that the Member may have against the Released Parties with respect to the Member using and participating in the Services is limited to the value received by the Released Parties for the Member’s using and participation in the Services.

4. GOVERNING LAW

4.1 This Waiver and all matters arising under it will be governed by and construed in accordance with the laws of British Columbia and, except otherwise provided all disputes and claims arising out of this Waiver will be referred to the courts of the Province of British Columbia.

5. COUNTERPARTS

5.1 This Waiver and any certificate or other writing delivered in connection with this Waiver may be executed in any number of counterparts and any party to this Waiver may execute any counterpart, each of which when executed and delivered will be deemed to be an original and all of which counterparts of this Waiver or such other writing, as the case may be, taken together will be deemed to be one and the same instrument. The execution of this Waiver or any other writing by any party will not become effective until all counterparts, as the case may be, have been executed by all the parties to this Waiver. A copy of this Waiver delivered by facsimile or other electronic means and bearing a copy of the signature of a party to this Waiver shall for all purposes be treated and accepted as an original copy thereof.

THE MEMBER HEREBY CONFIRMS THAT THEY HAVE CAREFULLY READ AND UNDERSTOOD THE TERMS OF THIS WAIVER PRIOR TO SIGNING IT, AND IS AWARE THAT BY SIGNING THIS WAIVER THAT THEY ARE WAIVING CERTAIN LEGAL RIGHTS WHICH THEY OR THEIR HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS MAY HAVE AGAINST THE RELEASED PARTIES AND THAT THEY HAVE BEEN ADVISED TO OBTAIN INDEPENDENT LEGAL ADVICE PRIOR TO SIGNING THIS DOCUMENT.

Your information is confidential and used only for PickleballBC communication purposes. Your information is protected under BC’s Personal Information Protection Act (PIPA). I recognize and understand that there are certain inherent risks to which I will be exposed because of the nature and level of the Pickleball sports activity in which I have agreed to participate. I will adhere to the local precautions and regulations implemented by the Club that I am registering with.

If you have any questions about your Club Membership or issues surrounding your local organization please contact your club directly.

PBC and PCO Rollover Date is defined as the first date of the current year for PBC and PCO member registration to include the following year. This rollover date will be as of September 1 each year.

If you have any questions about your Pickleball Canada or PBC membership please feel free to contact me about those issues.

PBC Registrar

registrar@pickleballbc.ca

IMPORTANT NOTICE - PLEASE READ CAREFULLY This Release Agreement applies to the current membership period only. Separate agreements must be executed for future 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.

1. PARTIES AND DEFINITIONS

TO: PICKLEBALL CANADA ORGANIZATION (a federally incorporated non-profit organization), its affiliated provincial and territorial organizations, local member associations and clubs, and their respective directors, officers, employees, coaches, instructors, agents, representatives, and volunteers (collectively the "Releasees"). This release does not extend to independent contractors, subcontractors, sponsors, or facility owners/operators unless they are acting under the direct supervision and control of Pickleball Canada Organization.

ACTIVITIES include: participation in or attendance at practices, training, coaching, lessons, clinics, skill development, tryouts, leagues, tournaments, competitions, events, orientation, meetings, demonstrations, social activities, volunteering, officiating, administration, use of facilities and equipment, and related travel.

2. ASSUMPTION OF RISKS

I acknowledge that participating in pickleball and related Activities involves inherent and foreseeable risks, including:

1. Collision with persons or objects

2. Being struck by paddles, nets, posts, or balls

3. Overexertion, dehydration, cardiovascular events

4. Personal injury (strains, fractures, eye injuries, brain injury, spinal cord injury, death)

5. Loss of balance, slips, trips, falls

6. Inadequate first aid or equipment defects

7. Ordinary negligence by the Releasees in the conduct of Activities, but excluding gross negligence, willful misconduct, or reckless disregard for participant safety

I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE.

3. RELEASE AND WAIVER OF CLAIMS

In consideration of being permitted to participate, I agree to:

3.1 WAIVE AND RELEASE all claims against the Releasees for any loss, damage, injury, or death arising from my participation and caused by ordinary negligence of the Releasees, but excluding claims arising from gross negligence, willful misconduct, reckless disregard for safety, breach of statutory duties, or violations of consumer protection legislation.

3.2 INDEMNIFY the Releasees against any claims by third parties resulting from my own negligent or intentional conduct during participation, but excluding any indemnity for claims arising from the Releasees' own negligence, breach of duty, or failure to maintain safe conditions.

3.3 BINDING EFFECT - To the extent permitted by law, this Agreement binds my heirs, executors, administrators, and personal representatives, except where such binding effect would be contrary to public policy or applicable succession laws.

4. JURISDICTION-SPECIFIC PROVISIONS

4.1 BRITISH COLUMBIA RESIDENTS - SPECIAL PROVISIONS

FOR MINORS: If the participant is under 19 (age of majority in BC), the parent/guardian acknowledges:

• • I have read and explained this Agreement to the minor

• • I consent to the minor's participation

• • I accept risks on the minor's behalf only to the extent permitted by BC law

• • I acknowledge that I cannot waive the minor's independent right to sue upon reaching the age of majority, and this waiver does not purport to do so

• • My indemnity obligations relate only to my own conduct, not the minor's independent rights

4.2 QUEBEC RESIDENTS - IMPORTANT LIMITATIONS

QUEBEC LEGAL PROTECTIONS: For Activities in Quebec or governed by Quebec law:

RISKS ACKNOWLEDGMENT: The assumption of risks is an acknowledgment of foreseeable risks and agreement to participate despite them.

LIABILITY LIMITATIONS: Any release or indemnity in this Agreement:

• • SHALL NOT exclude liability for bodily injury, death, or moral injury caused by intentional fault or gross fault (faute lourde), and any such exclusion is null and void under Quebec Civil Code Articles 1474 and 1475

• • SHALL NOT exclude liability that cannot be waived under Quebec's Civil Code or Consumer Protection Act

JURISDICTION: Quebec law governs, and Quebec courts have jurisdiction for Quebec Activities.

4.3 OTHER PROVINCES AND TERRITORIES

For Activities outside BC and Quebec, the governing law and jurisdiction will be:

• The province/territory where the Activity occurs, or

• If outside Canada, the jurisdiction where the Activity occurs

• Federal Court of Canada for matters within exclusive federal jurisdiction, subject to applicable provincial consumer protection and limitation of liability legislation

5. GENERAL PROVISIONS

5.1 SEVERABILITY: If any provision of this Agreement is found to be invalid, illegal, or unenforceable, such provision shall be severed and the remaining provisions shall continue in full force and effect to the maximum extent permitted by law. However, if the invalid provision is fundamental to the Agreement's purpose, the entire Agreement may be void.

5.2 MAXIMUM ENFORCEMENT: This Agreement will be enforced to the maximum extent permitted by applicable law in each jurisdiction.

5.3 JURISDICTION-SPECIFIC UPDATES: Releasees may provide additional jurisdiction-specific riders to ensure local compliance.

5.4 ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties regarding the subject matter herein. However, this provision does not exclude liability for fraudulent misrepresentation or misrepresentations that induce entry into this Agreement.

6. ACKNOWLEDGMENT AND SIGNATURE

I HAVE READ AND UNDERSTAND THIS AGREEMENT. I HAVE HAD SUFFICIENT TIME TO REVIEW IT AND SEEK INDEPENDENT LEGAL ADVICE IF I WISHED TO DO SO. I KNOW I AM WAIVING CERTAIN LEGAL RIGHTS THAT I OR MY REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES, SUBJECT TO THE LIMITATIONS SET OUT IN THIS AGREEMENT.

SPECIAL NOTICE FOR BC AND QUEBEC RESIDENTS: Please review the jurisdiction-specific provisions above that may limit the scope of this waiver under your provincial laws.

By submitting this form, you consent to the collection and use of your personal information (including name, contact details, date of birth, and emergency contact) for registration, communication, and safety purposes. Your data will be handled securely and only shared as needed with authorized partners. For questions or to access your information, contact our Privacy Officer at info@pickleballcanada.org