Bulkley Valley Pickleball Club

I acknowledge that I have read and understand the terms of the Release Agreement from the Pickleball Canada Organization, and agree to the full and complete application of the stated Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement to the Bulkley Valley Pickleball Club, as a "local association or club" of Pickleball Canada Organization.

I acknowledge and agree that my participation is completely voluntary, and I freely accept and fully assume all responsibility for all risks, and all possibilities of personal injury, death, property damage to myself or any other person as a result of my participation in pickleball activities at any venue and in any conditions.

In addition, I further waive and hold harmless all the administrators, assigns, volunteers and heirs of the Bulkley Valley Pickleball Club, Council Members and other Members of the Club, agents, coaches, instructors and, if applicable, sponsoring agencies, sponsors and advertisers, used to conduct any and all Bulkley Valley Pickleball Club activities, and to Town of Smithers and the Village of Telkwa and its officers, employees, agents and representatives including any claims which allege negligent acts or omissions of the Town of Smithers or the Village of Telkwa; from any manner of claims or lawsuits that may result from my participation in this sport.

I further agree to honour and adhere to COVID-19 safe play guidelines issued and revised from time to time by the Town of Smithers and the Village of Telkwa, the BC Public Health Office (issued through viaSport BC and Pickleball BC), and the Bulkley Valley Pickleball Club. 

I also agree to abide by all rules, regulations, protocols as set out by the Bulkley Valley Pickleball Club and as changed from time to time and agree to be kind and supportive in all my dealings with other club members, the leadership team and the public.

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.

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

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