Windsor Pickleball Club Waiver
WINDSOR PICKLEBALL CLUB
WAIVER OF LIABILITY, ASSUMPTION OF RISK AND TERMS OF PARTICIPATION
PLEASE READ CAREFULLY — BY ACCEPTING THIS AGREEMENT IN COURTRESERVE YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
By creating an account and/or participating in activities organized by the Windsor Pickleball Club (“the Club”), I acknowledge and agree as follows:
1. Definitions
“Releasees” includes the Windsor Pickleball Club and its directors, officers, employees, instructors, agents, volunteers, organizers, independent contractors, subcontractors, sponsors, successors and assigns.
2. Membership Requirement
I confirm that I am a current member in good standing with Pickleball Canada and have agreed to its waiver and assumption of risk. Participation in Club activities is restricted to Pickleball Canada members.
3. Assumption of Risk
I understand that participation in pickleball and related activities involves risks, dangers and hazards, including but not limited to falls, slips, collisions, being struck by a paddle or ball, physical exertion, illness, injury, or medical events, equipment-related risks, and risks associated with indoor and outdoor playing surfaces.
I further understand that these risks include the negligence of other participants and the Releasees, including failure to take reasonable steps to safeguard or protect me.
I freely accept and fully assume all such risks, including the possibility of personal injury, death, property damage, or loss.
4. Release of Liability and Waiver of Claims
In consideration of being permitted to participate in Club activities and use facilities, I agree to waive any and all claims that I have or may have in the future against the Releasees and to release the Releasees from any and all liability for any loss, damage, expense, or injury, including death, arising from my participation.
This applies regardless of cause, including negligence, breach of contract, or breach of any statutory duty of care, including duties under Ontario occupiers’ liability legislation.
5. Indemnification
I agree to indemnify and hold harmless the Releasees from any and all claims, liabilities, damages, or expenses arising from my participation in Club activities, my actions, or any damage or injury caused by me to others.
6. Facilities
I understand that Club activities may take place at facilities owned or operated by municipal or third-party organizations. The Club does not control these facilities, and I accept all risks associated with their use.
7. Club Activities
This Agreement applies to all Club-related activities, including open play, leagues, tournaments, clinics, training sessions, and social events.
8. Health & Fitness
I confirm that I am physically able to participate. I agree to stop participation if I experience discomfort, pain, or illness.
9. Payment Authorization
I understand that the Club uses CourtReserve to manage registrations and payments and that I may store a credit card on file. I authorize the Club to process charges for bookings, events, and applicable fees, including cancellation and no-show fees.
10. Cancellation & No-Show Policy
I agree to comply with all booking, cancellation, and no-show policies communicated by the Club.
11. Photo & Media Consent
I grant permission to the Club to use photographs and/or videos of me for promotional purposes, including social media, website content, and marketing materials, without compensation.
12. Binding Effect
This Agreement is binding upon my heirs, next of kin, executors, administrators, and assigns.
13. Governing Law
This Agreement is governed by the laws of the Province of Ontario. Any legal proceedings must be brought in Ontario courts.
14. No Reliance
I confirm that I am not relying on any representations regarding safety other than those set out in this Agreement.
15. Acknowledgment
I confirm that I have read and understand this Agreement, that I am giving up important legal rights, including the right to sue, and that this Agreement applies to all current and future participation.
Acceptance
By entering my Initials when setting up my CourtReserve account, I confirm that I have read, understood, and agree to this Waiver and Terms of Participation.