Manitoulin Pickleball Club

*Effective Date: December 1, 2023*

Welcome to the Manitoulin Pickleball Club! At our club, we are committed to protecting your privacy and ensuring the security of your personal information, including images and videos. This privacy policy outlines how we collect, use, and protect your data when you join and participate in our activities.

Scope: This Policy will apply to all MPC members, guests, players and non-members and to any entity which provides services on MPC’s behalf.

Definition MPC Member – any person 18 years or older who has paid their fees for the current playing season and has executed the Pickleball Canada and Pickleball Ontario “Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement”

1. Information We Collect:

1.1. **Personal Information:** MPC collects only the personal information needed for the purpose of better serving club members and expanding community support. This includes but is not limited to: provision of information about events, membership and scheduled play (including a confirmation list displaying your name), for service phone calls and emails to members as needed for audit purposes.

1.2. **Images and Videos:** During club events, we may capture images and videos of participants for promotional, training, and archival purposes. Your participation implies your consent to be photographed or recorded.

2. Use of Images and Videos:

2.1. **Promotional Materials:** We may use images and videos in promotional materials, including our website, social media, and printed materials. These may include photos of participants in action or group shots.

2.2. **Training and Coaching:** We may use images and videos for training and coaching purposes, helping participants to improve their skills.

2.3. **Archival Purposes:** Images and videos may be archived for historical records and future reference, preserving the club's history.

3. Data Protection and Security:

3.1. We take reasonable measures to protect your personal information, including images and videos, from unauthorized access or disclosure. Our club's officers, directors and designated personnel are responsible for managing and securing this data in accordance with Pickleball Canada’s policies.

3.2. We do not sell, rent, or otherwise disclose your personal information or images/videos to third parties without your explicit consent.

4. Your Choices:

4.1. You have the right to request the removal of specific images or videos featuring you from our promotional materials. Contact us at manitoulinpickleball@gmail.com to make such requests.

5. Consent:

5.1. By joining our club and participating in our events, you implicitly consent to the collection, use, and retention of your personal information, including images and videos, as described in this policy.

6. Changes to this Policy:

6.1. We reserve the right to update and amend this policy. Any changes will be communicated to members via email or on our website.

7. Contact Us:

If you have questions or concerns about this privacy policy or the use of your personal information, please contact us at manitoulinpickleball@gmail.com.

By participating in our club activities, you acknowledge that you have read, understood, and agreed to this privacy policy.

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