Multi-Week Pickleball Clinics - JUNIORS

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY and MEDIA RELEASE AGREEMENT

Your child will not be able to participate in the clinic without this form acknowledged and signed.

WARNING! BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION. PLEASE READ CAREFULLY.

This Agreement is accepted, on behalf of myself and any child that accompanies me to activities, programs, classes, spectating, orientation, instruction, training, participation, services provided and events sponsored or organized by Calgary Pickleball Club (collectively the “CPC”). I hereby agree as follows:

1. This is a binding legal agreement. Clarify any questions or concerns before signing. As a Participant in activities, programs, classes, spectating, orientation, instruction, training, participation, services provided and events sponsored or organized by CPC and its affiliated facilities, leagues, clubs and teams and  the sport of Pickleball, including but not limited to: games, tournaments, spectating, orientation, instruction, practices, training, personal training, dry land training, orientation or instructional sessions or lessons, aerobic and anaerobic conditioning programs (collectively the “Activities”), the undersigned acknowledges and agrees to the following terms outlined in this agreement:

Disclaimer

2. CPC its affiliated leagues, clubs and teams, and their respective directors, officers, committee members, members, volunteers, officials, participants, sponsors, owners/operators of the facility in which the Activities take place, successors and assigns, and representatives (the “Organization”) are not responsible for any injury, property damage, expense, loss of income, damage or loss of any kind suffered by a Participant during, or as a result of, the Activities, caused in any manner whatsoever including, but not limited to, the negligence of the Organization.

Description of Risks

3. I understand and acknowledge that:

a) The Activities have foreseeable and unforeseeable inherent risks, hazards and dangers that no amount of care, caution or expertise can eliminate, including without limitation, the potential for serious bodily injury, permanent disability, paralysis and loss of life;

b) The Organization may offer or promote online programming (such as webinars, remote conferences, workshops, and online training) which have different foreseeable and unforeseeable risks than in-person programming;

c) The Organization has a difficult task to ensure safety and it is not infallible. The Organization may be unaware of my fitness or abilities, may misjudge weather or environmental conditions, may give incomplete warnings or instructions, and the equipment being used might malfunction; and

d) The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization and COVID-19 is extremely contagious. The Organization has put in place preventative measures to reduce the spread of COVID-19; however, the Organization cannot guarantee that the Participant will not become infected with COVID-19. Further, attending the Activities could increase your risk of contracting COVID-19.

4. I am participating voluntarily in the Activities. In consideration of my participation, I hereby acknowledge that I am aware of the risks, dangers and hazards associated with or related to the Activities which could result in damage, loss, serious physical injury, or death. The risks, dangers and hazards include, but are not limited to, injuries from:

a) Health: executing strenuous and demanding physical techniques, physical exertion, overexertion, stretching, dehydration, fatigue, cardiovascular workouts, rapid movements and stops, lack of fitness or conditioning, traumatic injury, bacterial infections, rashes, and the transmission of communicable diseases, including viruses of all kinds, COVID-19, bacteria, parasites or other organisms or any mutation thereof.

b) Premises: defective, dangerous or unsafe condition of the facilities; falls; collisions with objects, fences, equipment or persons; dangerous, unsafe, or irregular conditions on playing surfaces, extreme weather conditions; travel to and from the premises.

c) Use of Equipment: mechanical failure of the equipment; negligent design or manufacture of the equipment; the provision of or the failure by the Organization to provide any warnings, directions, instructions or guidance as to the use of the equipment; failure to use or operate the equipment within my own ability.

d) Contact: contact with Pickleballs, Pickleball Paddles, other equipment, nets, fences, or other persons, whether intentional or unintentional, is a common part of Pickleball programs, and may lead to serious bodily injury, including but not limited to concussions or other brain injury, or serious spinal injury.

e) Advice: negligent advice regarding Pickleball programs.

f) Ability: Failing to act safely or within my own ability or within designated areas.

g) Sport: the game of Pickleball and its inherent risk.

h) Cyber: privacy breaches, hacking, technology malfunction or damage.

i) Conduct: My conduct and conduct of other persons including any physical altercation between Pickleball participants.

j) Travel: Travel to and from the Activities.

k) Negligence: My negligence and negligence of other persons, including NEGLIGENCE ON THE PART OF THE ORGANIZATION, may increase the risk of damage, loss, personal injury or death. I understand that the Organization may fail to safeguard or protect me from the risks, dangers and hazards of Pickleball programs, some of which are referred to above.

Terms

5. In consideration of the Organization allowing me to participate in the Activities, I agree:

a) That my mental and physical condition is appropriate to participate in the Activities and I assume all risks related to my mental or physical condition;

b) That when I practice or train in my own space, I am responsible for my surroundings and the location and equipment that I select;

c) To comply with the rules and regulations for participation in the Activities;

d) To comply with the rules of the facility or equipment;

e) That if I observe an unusual significant hazard or risk, I will remove myself from participation and bring such to the attention of a The Organization representative immediately;

f) The risks associated with the Activities are increased when I am impaired, and I agree not to participate if impaired in any way;

g) That it is my sole responsibility to assess whether any Activities are too difficult for me. By commencing an Activity, I acknowledge and accept the suitability and conditions of the Activity;

h) That I am responsible for my choice of protective equipment and the secure fitting of that equipment;

i) That COVID-19 is contagious in nature and I may be exposed to or infected by COVID-19 and such exposure may result in personal injury, illness, permanent disability or death and voluntarily agree to assume all the foregoing risks.

Release of Liability and Disclaimer

6. In consideration of the Organization allowing me to participate in the Activities, use its equipment and facilities, I agree:

a) That the sole responsibility for my safety remains with me;

b) To ASSUME all risks arising out of, associated with or related to my participation;

c) That I am not relying on any oral or written statements made by the Organization or its agents, whether in a brochure or advertisement or in individual conversations, to agree to be involved in the Activities;

d) To WAIVE any and all claims that I may have now or in the future against the Organization;

e) To freely ACCEPT AND FULLY ASSUME all such risks and possibility of personal injury, death, property damage, expense and related loss, including loss of income, resulting from my participation in the activities, events and programs of the Organization;

f) To FOREVER RELEASE AND INDEMNIFY the Organization from any and all liability for any and all claims, demands, actions, damages (including direct, indirect, special or consequential), losses, actions, judgments, and costs, collectively, the “Claims” which I have or may have in the future, that might arise out of, result from, or relate to my participation in the Activities, even though such Claims may have been caused by any manner whatsoever, including but not limited to, the negligence, gross negligence, negligent rescue, omissions, carelessness, breach of warranty, breach of contract or breach of any statutory duty of care of the Organization;

g) To HOLD HARMLESS AND INDEMNIFY the Organization from any and all liability for any damage, loss, expense or injury to any third party resulting from my participation in the Activities;

h) To FOREVER RELEASE AND INDEMNIFY the Organization relating to becoming exposed to or infected by COVID-19 which may result from the actions, omission or negligence of myself and others, including but not limited to the Organization;

i) That the Organization is not responsible or liable for any damage to my vehicle, property, or equipment that may occur as a result of the Activities;

j) That negligence includes failure on the part of the Organization to take reasonable steps to safeguard or protect me from the risks, dangers and hazards associated with the Activities; and

k) This release, waiver and indemnity is intended to be as broad and inclusive as is permitted by law of the Province of Alberta and if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect.

Jurisdiction

7. In the event that I file a lawsuit against the Organization, I agree to do so solely in the Province of Alberta, Canada and further agree that the substantive law of Alberta will apply without regard to conflict of law rules. I further agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.

Photo Release

8. I hereby grant CPC permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. I understand and agree that all photos will become the property of the CPC and will not be returned and no royalty or fee will be paid.

Acknowledgement

9. I acknowledge that I have read and understand this agreement, that I have executed this agreement voluntarily, and that this agreement is to be binding upon myself, my heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legal or personal representatives. I further acknowledge by signing this agreement I have waived my right to maintain a lawsuit against the Organization on the basis of any claims from which I have released herein.

BY SIGNING, I UNDERSTAND AND ACCEPT THE PROVISIONS OF THIS RELEASE AND WAIVER. I AM GIVING UP CERTAIN LEGAL RIGHTS THAT MYSELF AND ANY CHILD ATTENDING A CPC ACTIVITY MAY OTHERWISE HAVE.

This is a binding legal agreement. Clarify any questions or concerns before signing. In consideration of the opportunity to participate in the spectating, orientation, instruction, training, participation in the sports of pickleball, related sports disciplines, activities, and programs, including the services of and offered (the “Activities”) by 2489457 ALBERTA LTD. its respective, directors, officers, committee members, members, employees, coaches, volunteers, officials, participants, governing body, agents, sponsors, owners/operators of the facilities in which the Activities take place, and representatives (collectively the “Organization”) the undersigned (the “Participant”) acknowledge and agree to the following terms:

Description of and Assumption of Risks

The Activities have foreseeable and unforeseeable inherent risks, hazards and dangers that no amount of care, caution or expertise can eliminate, including without limitation, the potential for serious bodily injury, sickness, disease, contagion including but not limited to COVID-19, permanent disability, paralysis and loss of life.

3. The Participant understands and acknowledges that there are risks, dangers and hazards inherent in the Activities and related disciplines (the “Risks”) which include without limitation:

a) strenuous and demanding physical exertion, strenuous cardiovascular workouts, rapid movements, exertion and tension on various muscle groups which may cause serious in jury to virtually all bones, joints, ligaments, muscles, tendons and other aspects of the Participant’s body or the Participant’s general health and well being;
b) Concussion or other related head injuries including but not limited to closed head injury or blunt head trauma;
c) Loss of or damage to equipment/property;
d) Exposure to extreme conditions and circumstances;
e) Contact with or proximity to other participants, officials, administrators, spectators, natural or manmade objects, dangers arising from adverse weather conditions, imperfect field of play conditions, equipment failure or malfunction, inadequate safety measures and the involvement of participants of varying skill levels;
f) Contact with or exposure to other participants, officials, administrators, spectators or other attendees at the facilities at which the Activities take place who may have been or may be infected with COVID-19 resulting in the Participant contracting or spreading COVID-19.
g) Contact with or exposure to surfaces or equipment at the facilities at which the Activities take place resulting in the Participant contracting or spreading COVID-19.

4. The Participant understands that the Risks may be caused in whole or in part by the Participant’s own actions or inactions, the actions or inactions of others participating in or present during the Activities, or the negligent acts or omissions of the Organization.

5. The Participant also understands that the Organization cannot prevent the Participant from becoming exposed to, contracting, or spreading COVID-19 while engaged in the Activities and that by engaging in the Activities the Participant may be exposing themself to or increasing their risk of contracting or spreading COVID-19. The Participant expressly and voluntarily chooses to accept the risk of contracting COVID-19 and the responsibility for any damages, liabilities, losses including loss of income, expenses, or any other related losses arising therefrom.

6. The Participant expressly and voluntarily assumes the Risks and the responsibility for any damages, liabilities, losses including loss of income, expenses, or any other related losses arising from the Risks as a result of the Participant’s participation in the Activities.

Terms and Attestation

7. The Participant attests, acknowledges and agrees:

a) That the Participant is in good physical and mental condition to participate in the Activities.
b) The Participant will comply with the rules and regulations for participation in the Activities including those that are a condition of use of the facility or venue in which the Activities occur.
c) The Participant will comply with all rules and regulations of the Organization, and all laws, rules, regulations, policies and guidelines issued by the Dominion of Canada, Alberta and relevant Public Health Authorities concerning matters of health and safety and specifically as they relate to COVID-19.
d) If the Participant observes a significant hazard or risk, the Participant will remove themselves from participation in the Activities and report the hazard or risk to the attention of an Organization representative immediately.
e) That the Organization does not undertake to provide health, accident, disability, hospitalization, personal property or other insurance for the Participant
f) When the Participant practices or trains on the premises owned by the Organization, the Participant is responsible for the surroundings and the location and equipment that the Participant selects.
g) That it is the Participant’s sole responsibility to assess whether any Activities are too difficult for the Participant. By the Participant commencing an Activity, they acknowledge and accept the suitability and conditions of the Activity; and
h) That the Participant is responsible for the choice of the Participant’s personal safety equipment, if required or recommended, and the secure fitting of the safety equipment.

Release of Liability

8. The Participant waives any and all claims that they may have now or in the future against the Organization and covenants not to sue the Organization.

9. The Participant forever releases the Organization from any and all liability to and from any and all claims, demands, actions, damages (including direct, indirect, special and/or consequential), losses, actions, judgments, and costs (including legal fees) (collectively, the “Claims”) which they have or may have in the future, that might arise out of, result from, or relate to participation in the Activities, caused by any manner whatsoever, including but not limited to, negligence, gross negligence, negligent rescue, omissions, carelessness, breach of contract and/or breach of any statutory duty of care of the Organization, any failure on the part of the Organization to safeguard or protect me from any or all of the Risks including the risk of contracting or spreading COVID-19.

10. The Participant agrees that if, despite the Participant’s assumption of risk and release and waiver of liability, the Participant or anyone on the Participant’s behalf, makes a claim against the Organization or any third party that claims indemnification from the Organization, the Participant WILL INDEMNIFY, SAVE AND HOLD HARMLESS the Organization from any and all claims, liabilities, damages, losses, costs, including litigation costs on a solicitor client basis and expenses as a result of such claim, to the fullest extent permitted by law.

11. The Participant agrees to allow ABCDEM SPORTS LTD. the ability to show basic information online such as, but not limited to, first and last name, email address.

12. The Participant agrees that this agreement is governed by the laws of the Province of Alberta, Canada without regard to conflict of laws principles that would require the application of the laws of another jurisdiction. The Participant irrevocably submits to the jurisdiction of the courts in the Province of Alberta in relation to any matter related to this agreement.

13. The Participant further agrees that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.