MPC Introduction to Pickleball (18+)

*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.

Release of liability, Terms and Conditions,

Assumption of risks and indemnity agreement for Pickleball Ontario

(hereinafter referred to as the “Release Agreement”)

By agreeing to this document, you will waive or give up certain legal rights, including the right to sue or claim compensation following transmission of a communicable disease or an accident

Please read carefully!

TO: PICKLEBALL ONTARIO associations, 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: the transmission of a communicable disease, including but not limited to COVID-19; 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 Pickleball Ontario and, as applicable, my 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 Ontario.
5. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of Ontario and shall be within the exclusive jurisdiction of the Courts of the Province Ontario.

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 agreeing I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators, assigns and representatives may have against the releasees.

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 Ontario and no other jurisdiction; and

5. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of Ontario, and shall be within the exclusive jurisdiction of the Courts of the Province of Ontario.

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.

I have read and agree to the above *