Waivers
RELEASE AGREEMENT
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 Manitoba and no other jurisdiction; and
5. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of Manitoba, and shall be within the exclusive jurisdiction of the Courts of the Province of Manitoba.
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.
Code of Conduct
Member Code of Conduct Policy:
The board has a Brandon Pickleball Club (BPC) Code of Conduct to which all members, their guests and visitors of the club must adhere.
Purpose: To create a positive atmosphere for the BPC, the Code of Conduct will allow members, their guests and club visitors to fully enjoy the benefits of the BPC events, services and facilities, while ensuring that other members may be afforded the same benefits without impairment.
Code of Conduct for Brandon Pickleball Club:
- Members will be honest and show thoughtful interpersonal communication with demonstrated respect for the opinions and the sensitivities of other members.
- BPC is a volunteer-run club where members pitch in and share in the responsibilities and tasks that are essential to run the club (e.g., setting up for play, cleaning up and storing equipment after play).
- Members are encouraged to share with the board any recommendations for change to improve the workings of the club.
- Members will treat all people that volunteer to help run the club with courtesy and respect and will respect the authority and decision-making vested in referees, ratings officials, tournament officials and volunteering members in leadership roles. Differences of opinion related to safety should be voiced immediately; other concerns or suggestions should be shared respectfully with those in the leadership role at an appropriate time.
- If needed, members will point out to guests and visitors appropriate and expected conduct when participating in club activities.
- Members will not damage the club’s reputation by words, actions or written communications.
- Members will not speak, communicate or infer to speak on behalf of the club, unless specifically authorized by the board.
- Members will respect the rules of the venue or public facilities being used, and will not complain, or give direction to venue staff, change set-ups, adjust thermostats, etc.
- Members will seek to minimize use of volunteer’s time and their efforts.
- Members will abide by the policies of the club.
- Members recognize that, failure to abide by this Code may result in disciplinary action by the board. This may range from a simple discussion of the matter at hand, to a warning, to suspension, to revocation of membership.
- Members will use the conflict and complaint resolution process to bring to the board unresolved policy breaches and other issues that have a detrimental effect on their or other members’ enjoyment of the club, or on the club itself.
- Members are expected to create an environment that supports the dignity of, and equity for, all members and is free of discrimination and harassment.
Approved: Nov 2021