Brandon Pickleball Club

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:

1. Members will be honest and show thoughtful interpersonal communication with demonstrated respect for the opinions and the sensitivities of other members.
2. 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).
3. Members are encouraged to share with the board any recommendations for change to improve the workings of the club.
4. 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.
5. If needed, members will point out to guests and visitors appropriate and expected conduct when participating in club activities.
6. Members will not damage the club’s reputation by words, actions or written communications.
7. Members will not speak, communicate or infer to speak on behalf of the club, unless specifically authorized by the board.
8. 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.
9. Members will seek to minimize use of volunteer’s time and their efforts.
10. Members will abide by the policies of the club.
11. 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.
12. 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.
13. 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

(the “Agreement”)

Warning: This is a binding legal agreement; therefore, please read carefully and clarify any questions or concerns before completing and executing this Agreement.
 

TERMS AND CONDITIONS

1. This Agreement must be signed by me prior to participation. 
2. I acknowledge and agree to the terms outlined in this document. 
3. Definitions and Interpretations: Unless otherwise specified in the Agreement, the following terms shall have the following meanings assigned to them:
   1. “Agreement” includes this Member Application and Agreement in its entirety, including the Waiver and the schedules, policies, consent and release forms included.
   2. “Activity” and “Activities” mean the pickleball and related sport and physical activities, training, instruction, coaching, competitions of any kind (including tournament play, league play, sanctioned and non-sanctioned tournaments, exhibition and friendly matches, and recreational or social play), events, programs and associated tasks provided, organized, sanctioned or supervised by Pickleball Canada including any travel to and from, and the use of any Premises, facilities or equipment in connection with, such activities.
   3. “Athlete” is an individual who is an Athlete Member in Pickleball Canada who is subject to the policies of Pickleball Canada.
   4. “I”, “my” and similar words and phrases herein refer to the Member if the Member has reached the age of majority in the province or territory where the Activity is taking place.
   5. “Premises” means the venue(s) and facilities in which an Activity, training and competitions occur, including those venues or facilities belonging to or associated with Pickleball Canada.
   6. “Pickleball Canada” means Pickleball Canada and if the context requires includes all individuals contracted by or engaged in activities with Pickleball Canada such as coaches, instructors, managers, Athlete Support Personnel, directors and committee members.
   7. “Member” means the individual who is registering with Pickleball Canada to participate and be directly involved in the activities of Pickleball Canada pursuant to this Agreement.
4. I agree that upon this application to Pickleball Canada being accepted, I will become a debtor to the Pickleball Canada for the full amount of all fees and costs associated with my registration. 
5. I have read, understand and agree to abide by the Pickleball Canada Sport Integrity Policy Suite, available here, as well as all other applicable policies, procedures, rules and regulations of Pickleball Canada. 
6. I understand that Pickleball Canada cannot offer an environment free of allergens, including nuts, and that Pickleball Canada cannot effectively monitor or guarantee that its activities are free of allergens. It is my responsibility to take the necessary precautions by ensuring that the Member has an individual emergency plan, including an epinephrine auto-injector (commonly known as an EpiPen) if needed, in the event of a serious allergic reaction.
7. I understand and agree that Pickleball Canada shall be excused from the performance of its obligations under this Agreement to the extent that such performance is prevented by force majeure (defined below) and if it provides notice of such force majeure event to the Member. Such excuse shall be continued so long as the condition constituting force majeure continues. Pickleball Canada will use its best efforts to notify the Member within fifteen (15) business days of such event of the anticipated duration of such force majeure, and any actions being taken to avoid, minimize or mitigate its effect after such occurrence. For purposes of this Agreement, “force majeure” shall include conditions beyond the control of Pickleball Canada, including an act of God, acts of terrorism, voluntary or involuntary compliance with any regulation, law or order of any government, pandemic or epidemic (whether pandemic or epidemic is declared or not), war, acts of war (whether war be declared or not), labor strike or lock-out, civil commotion, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe. The payment of invoices due and owing shall in no event be delayed by the Member because of a force majeure affecting the Member.
   

CONSENT FOR USE OF PERSONAL INFORMATION, PHOTO RELEASE AND ELECTRONIC COMMUNICATIONS

Personal Information 

1. I authorize Pickleball Canada to collect, use and disclose my personal information for the following purposes, and for no other purpose:
   1. processing and administering my registration and membership with Pickleball Canada, including verifying my identity, age and eligibility;
   2. collecting registration and membership fees and administering any amount I owe to Pickleball Canada;
   3. obtaining and administering insurance coverage in connection with my participation;
   4. entering me in training, programs and competitions, assigning me to an age-appropriate and skill-appropriate training environment, and administering selection, ranking, seeding and eligibility decisions;
   5. publishing my name, category, team or club affiliation and competition results;
   6. recording and reviewing baseline performance data where necessary for training, selection, ranking and seeding in the programs and competitions I have entered;
   7. responding to a medical emergency, injury, illness or allergic reaction, including contacting my emergency contact and arranging medical aid;
   8. administering the policies, rules and regulations of Pickleball Canada, including the Sport Integrity Policy Suite, and conducting or responding to any complaint, investigation, discipline or appeal process under them;
   9. publishing sanction information in the circumstances described in paragraph 2 below; and
   10. sending me the administrative and transactional electronic communications described in paragraphs 6 to 10 below, being communications about registration, accounts, billing, notices, disclosures, policies and procedures, and health and safety. 
2. I acknowledge that if I am sanctioned in some way that restricts my eligibility to participate in sport due to a violation of Pickleball Canada’s conduct standards and policies, certain identifying information may be publicly released, including my full name, category of alleged violations, nature of the violation pursuant to the Pickleball Canada’s Sport Integrity Policy Suitesanction imposed and description of the imposed sport participation restriction or sanction conditions and date of issuance of sanction and period in effect. 
3. Complete texts of the Privacy Policy may be found here.
4. If you wish to review your personal information held by Pickleball Canada, you must make a request pursuant to our Privacy Policy. 
5. You may withdraw consent to use your personal information pursuant to the Privacy Policy, except for such information published pursuant to a sanction decision. Such a withdrawal may require the cancellation of registration with and suspension of activities with Pickleball Canada.

Pickleball Canada will not sell, rent or trade my personal information. Pickleball Canada will not disclose my personal information to any third party except as necessary for a purpose listed in paragraph 1, as required or permitted by law, or with my consent. Where Pickleball Canada engages a service provider to host or process my personal information on its behalf, it will require that provider by contract to use the information only for the purpose for which it was provided and to protect it.

Electronic Communications 

6. I agree to receive electronic communications from Pickleball Canada in connection with my registration and accounts, billing or account statements, notices, disclosures, policies and procedures, and health and safety matters. These are administrative and transactional communications and are necessary to administer my registration.  
7. I understand that communications that Pickleball Canada provides to me in electronic format will be provided: (1) via email with or without attachments; (2) via access to a website that Pickleball Canada designates in an email notice sent to the Members; or (3) by other electronic means as determined by Pickleball Canada.
8. I agree to provide Pickleball Canada with and maintain a valid, active email address and will promptly notify Pickleball Canada of any change to my email address.
9. I agree that Pickleball Canada is not liable for any third-party incurred fees, other legal liability or any other issues or liabilities arising from statements or notifications sent to an invalid or inactive email address that I have provided.
10. I understand that I may withdraw my consent to receive electronic communications by providing written notice to the Privacy Officer with the details of my request or by clicking the unsubscribe link in an email communication from Pickleball Canada.

Necessary Consents

The consents in paragraphs 1 to 10 above are necessary for Pickleball Canada to register me, insure me, enter me in competitions, administer its policies, and send me administrative and transactional communications. Pickleball Canada cannot process my registration without them. The consent under “Photo, Image and Likeness” below is not necessary for registration. Declining it does not affect my registration, eligibility, selection or ability to participate. If I do not wish to give one or more of the necessary consents, I will contact the Privacy Officer before registering to discuss whether participation is possible on other terms.

I have read paragraphs 1 to 10 above and I consent to the collection, use and disclosure of my personal information for the purposes listed in paragraph 1, and I agree to the terms in paragraphs 2 to 10.

WARNING: THIS IS A BINDING LEGAL AGREEMENT. PLEASE READ IT CAREFULLY AND CLARIFY ANY QUESTIONS OR CONCERNS BEFORE SIGNING.

For Members in all provinces and territories except Québec: this Agreement gives up legal rights belonging to the Member who signs it, including the right to sue the Released Parties in negligence and to claim for personal injury, death and property damage, as set out in Section 6.

For Members in Québec: this Agreement does not exclude or limit liability for bodily or moral injury, but it does give up the Member’s right to claim for material injury, and it operates as an acknowledgement and acceptance of the risks of the Activities, as set out in Section 7.

1. PARTIES AND DEFINITIONS
   1. This Agreement is entered into between the Released Parties and the Member.
   2. “Released Parties” means Pickleball Canada and its directors, Athlete Support Personnel, officers, committee members, employees, volunteers, contractors, agents, representatives, successors, and assigns, and all other persons or entities acting in any capacity on their behalf, each in their capacity as such.
   3. “Member” means the individual named in the registration form who has reached the Age of Majority and who is registering to participate in the Activities.
   4. “Age of Majority” means the age of majority in the province or territory in which the Activity is conducted.
   5. “Premises” means the venues and facilities in which an Activity, training or competition occurs, including those belonging to or associated with Pickleball Canada.
   6. “Activities” has the meaning given in Section 3.
   7. Interpretation. “I”, “my” and similar words refer to the Member signing this Agreement.
2. WHO SIGNS THIS AGREEMENT
   1. This Agreement must be executed by the Member before the Member may participate in any Activity.
   2. The Member must review and agree to these terms personally. No other person may sign on the Member’s behalf.
   3. The Member confirms that they have reached the Age of Majority in the province or territory in which the Activity is conducted. A person under the Age of Majority must not sign this Agreement, and must instead have a parent or legal guardian execute the minor version of this Agreement.
   4. This Agreement gives up the Member’s own legal rights, including their own right to sue the Released Parties in negligence, as set out in Section 6.
3. THE ACTIVITIES
   1. “Activities” means the pickleball and related sport and physical activities, training, instruction, coaching, competitions of any kind (including tournament play, league play, sanctioned and non-sanctioned tournaments, exhibition and friendly matches, and recreational or social play), events, programs and associated tasks provided, organized, sanctioned or supervised by Pickleball Canada, including:
      1. training and competitive activities, whether formal or informal;
      2. pickleball training, practice, instruction and lessons, including individual, partner and group sessions and specialized coaching;
      3. strength, conditioning and fitness programs related to pickleball, including aerobic and anaerobic conditioning;
      4. nutritional and dietary programs;
      5. use of training aids, equipment, machines, facilities, Premises and associated amenities in connection with an Activity, whether provided by Pickleball Canada or third parties; and
      6. travel to and from an Activity.
4. DESCRIPTION AND ACKNOWLEDGMENT OF RISKS
   1. The Member acknowledges and warrants that they have read this Agreement carefully and understand its contents, that they have had the opportunity to seek independent legal advice, and that they have executed this Agreement voluntarily without any inducement, duress or coercion.
   2. Participating in an Activity has foreseeable and unforeseeable risks, hazards and dangers that no amount of care, caution or expertise can eliminate, including the potential for serious bodily injury, permanent disability, paralysis, death and other losses.
   3. Pickleball Canada strives to maintain reasonable safety standards but cannot guarantee against all risks.
   4. The Member acknowledges that they participate voluntarily and that the risks, dangers and hazards include, but are not limited to:
      1. Health: 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, infectious diseases, bacteria, parasites or other organisms or any mutation.
      2. Premises: defective, dangerous or unsafe condition of the facilities or natural environment; falls; collisions with objects, walls, equipment or persons; dangerous, unsafe or irregular surfaces; extreme weather conditions; and travel to and from Premises.
      3. Use of Equipment: mechanical failure of equipment; negligent design or manufacture of equipment; the provision of, or the failure by a Released Party to provide, any warnings, directions, instructions or guidance as to the use of equipment; and failure to use or operate equipment within the Member’s ability.
      4. Contact: contact with sporting equipment or other persons, whether or not related to the sport, which may lead to serious bodily injury, including concussion or other brain injury, or serious spinal injury.
      5. Advice: negligent advice regarding an Activity, including instruction, coaching and safety guidance.
      6. Ability: failing to act safely or within the Member’s own ability or within designated areas.
      7. Cyber: privacy breaches, hacking, technology malfunction or damage, including risks associated with registration systems, payment processing and communication platforms, whether or not caused by third-party service providers.
      8. Conduct: the Member’s conduct and the conduct of other persons, including any physical altercation between Members, whether intentional or unintentional.
      9. Travel: any travel associated with an Activity, including travelling to a facility.
5. PARTICIPATION TERMS
   1. In consideration of Pickleball Canada allowing the Member to participate in the Activities, which consideration is acknowledged as sufficient, the Member agrees:
      1. that they assume responsibility for their surroundings, location selection and equipment used;
      2. that their mental and physical condition is appropriate to participate in an Activity, and that they accept all risks related to that condition;
      3. that they will comply with the rules and regulations for participation in an Activity, including the rules of pickleball;
      4. that they will comply with the rules of the applicable facility or equipment;
      5. that if they observe an unusual or significant hazard or risk, they will remove themselves from participation and report it to a representative of Pickleball Canada immediately;
      6. that they will not participate if impaired in any way by alcohol, drugs (including prescription medications), illness, fatigue, or any other condition that could impair their judgment or physical capabilities. Pickleball Canada reserves the right, in its sole discretion and based on reasonable observation and assessment, to remove any Member who demonstrates signs of impairment that could pose a safety risk, without refund or compensation;
      7. that it is their sole responsibility to assess whether any Activity is too difficult for them; and
      8. that they are not relying on any oral or written statements made by Pickleball Canada or its agents.
6. RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY
   1. Scope. This Section applies to the rights of the Member signing this Agreement, and to no one else. This Section applies in all provinces and territories, subject to Section 7, which modifies its application where the Member resides in Québec or the Activities take place in Québec.
   2. Assumption of risk and release of claims. The Member has read the description of risks in Section 4 and accepts all risks arising from their participation in the Activities and from their attendance at the Premises. For themselves and for their heirs, executors, administrators and personal representatives, the Member forever releases and waives all claims, demands, actions, damages, losses, judgments and costs, including legal fees, arising from that participation or attendance, whether now or in the future, whether created by statute or at common law. This applies even where the loss is caused by the negligence of the Released Parties, a breach of this Agreement, or a breach of a duty of care owed at law, but excluding gross negligence, wilful misconduct, and any liability that cannot be excluded under applicable law.
   3. What this release covers. This includes personal injury, death, psychological injury or mental distress, property damage, out-of-pocket, medical, rehabilitation, travel and care costs, lost income, and any related loss or expense arising from participation in, attendance at, or travel to or from the Activities.
   4. Occupiers’ liability (all jurisdictions except Québec). The Member acknowledges that the Released Parties, including any owner or operator of the Premises, rely on this Section to restrict, modify and exclude the duty of care they would otherwise owe to the Member as occupiers of premises. The Member waives their claims for breach of a duty of care owed at law, including any duty under the Occupiers’ Liability Act or equivalent legislation of the applicable province or territory or, where no such legislation applies, at common law, in respect of any loss, damage, injury or expense arising from the condition of, or any activity carried on at, the Premises. The Member acknowledges that this waiver has been brought to their attention as a condition of participation and willingly accepts all risks of entering and using the Premises.
   5. Operative release. The Member agrees:
      1. to an unqualified assumption of all risks arising out of, associated with or related to their participation in the Activities and their attendance;
      2. to accept and fully assume all risks and possibilities of personal injury, death, property damage, expense and related loss, including loss of income, resulting from that participation or attendance;
      3. to forever release and waive all of their claims against the Released Parties for any loss, damage, injury or expense arising from participation in or presence at the Activities, including future claims, regardless of cause, and including claims founded in negligence, breach of contract, breach of any statutory duty of care, breach of any duty owed as an occupier of premises, and breach of any other duty imposed by law, except where such claims arise directly from the Released Parties’ gross negligence or wilful misconduct;
      4. NOT TO SUE THE RELEASED PARTIES, whether directly or indirectly, in respect of any claim released under this Section;
      5. to SAVE and HOLD HARMLESS the Released Parties from any litigation expense, legal fees, liability, damage, award or cost of any kind they may incur due to any claim made against them by the Member or on their behalf, or that of their estate; and
      6. that this Section is intended to be as broad and inclusive as permitted by applicable law in the jurisdiction.
   6. Indemnity. To the fullest extent permitted by law, if any of the Released Parties face any claim, demand, action, damage, loss, cost or expense, including legal fees, arising from the Member’s participation or attendance, or brought by or on behalf of the Member, the Member will indemnify, defend and hold them harmless, excluding claims arising from the gross negligence or wilful misconduct of the Released Parties and any liability that cannot be excluded under applicable law.
7. QUÉBEC REGISTRANTS
   1. This Section applies where the Member resides in, or the Activities are conducted in, the Province of Québec, and applies notwithstanding any other provision of this Agreement.
   2. In accordance with article 1474 of the Civil Code of Québec, nothing in this Agreement excludes or limits liability for bodily or moral injury caused to the Member.
   3. In Québec, this Agreement operates as an acknowledgement and acceptance of the risks inherent in the Activities. The Member confirms that they have read and understood Sections 1, 2, 3, 4, 5, 8, and 9 of this Agreement, and, in particular, the description of the risks, dangers, and hazards in Section 4 and the participation terms in Section 5. The Member acknowledges that they are exposed to those risks, dangers and hazards and voluntarily assumes them. Subject to Section 7.2, and to the fullest extent permitted by law, the Member releases and waives all claims against the Released Parties for material injury arising from participation in or attendance at the Activities.
   4. In Québec, the release and indemnity in Section 6 apply only to claims for material damage only to the extent permitted by law, except where such damage results from the intentional or gross fault of the Released Parties.
   5. All other terms of this Agreement remain in full force and effect.
8. GENERAL
   1. Severability. Each provision operates independently. If any portion of this Agreement is held invalid, void or unenforceable, it is severed only to that extent and only in that jurisdiction, and the remaining portions remain in full force and effect.
   2. Governing law. This Agreement is governed by the laws of the province or territory in which the Activity giving rise to the claim took place, and the federal laws of Canada applicable therein. This Section is subject to Section 7 (Québec Registrants) and to any mandatory provision of applicable law that cannot be varied by agreement, including any law conferring jurisdiction on the courts or authorities of the province or territory where the Member resides.
   3. Entire agreement. This Agreement constitutes the entire agreement between the parties on the matters it covers and supersedes any prior agreement or statement, whether oral or written. It is not intended to confer any rights or remedies upon any person who is not a party, and no person will be deemed a third-party beneficiary.
   4. Binding effect. This Agreement is binding upon and enures to the benefit of the Released Parties and their respective successors, permitted assigns, heirs, executors and legal representatives, and upon the Member and their heirs, spouse, children, next of kin, executors, administrators and legal or personal representatives.
   5. Medical aid. The Member authorizes Pickleball Canada to arrange for and provide any necessary medical, surgical or dental aid should the Member suffer an injury or illness arising from their participation in the Activities, and agrees to be responsible for the cost of that aid.
9. EXECUTION
   1. This Agreement is signed by the Member personally.
   2. By typing their name below, or by clicking the acceptance box, the Member confirms that they have read this Agreement in its entirety, that they accept its terms, and that they have executed it voluntarily. The Member confirms that their attention has been specifically drawn to, and that they have read and understood, the provisions that release the Released Parties from liability, that waive the duty of care owed to them by the Released Parties as occupiers of premises, and that require them to indemnify the Released Parties, and that they agree to those provisions as a condition of being permitted to participate.
   3. Electronic signature. This Agreement is intended to be completed and signed electronically, and the Member consents to signing electronically. Completion in paper form is permitted by exception. An electronic signature has the same legal effect as a handwritten one, and an electronic copy or printout is admissible as evidence of this Agreement and of the signature.

In consideration of the acceptance of the Member’s registration with Pickleball Canada, I agree:

1. I have read this Agreement in its entirety, accept its terms and conditions, and that I have executed this Agreement voluntarily.
2. To abide by the policies, rules and regulations of Pickleball Canada, as amended from time to time.
3. That this acceptance is given in respect of the entire Agreement, including the assumption of risk, release of liability, waiver of claims and indemnity provisions above, and that it adds no term to, and does not limit or modify, any provision of the Agreement.

By checking the acceptance box below and typing my name, I agree to accept the terms and conditions described in this Agreement:

(the “Agreement”)

TERMS AND CONDITIONS

1. This Agreement must be signed by my parent/guardian prior to participation. 
2. I, the parent/guardian of the minor Member, acknowledge and agree to the terms outlined in this document on behalf of the minor Member. 
3. Definitions and Interpretations: Unless otherwise specified in the Agreement, the following terms shall have the following meanings assigned to them:
   1. “Agreement” includes this minor Member Application and Agreement in its entirety, including the Waiver and the schedules, policies, consent and release forms included.
   2. “Activity” and “Activities” mean the pickleball and related sport and physical activities, training, instruction, coaching, competitions of any kind (including tournament play, league play, sanctioned and non-sanctioned tournaments, exhibition and friendly matches, and recreational or social play), events, programs and associated tasks provided, organized, sanctioned or supervised by Pickleball Canada including any travel to and from, and the use of any Premises, facilities or equipment in connection with, such activities.
   3. “Athlete” is an individual who is an Athlete Member in Pickleball Canada who is subject to the policies of Pickleball Canada.
   4. “I”, “my” and similar words and phrases herein refer to the parent/guardian of the Minor Member on behalf of the Minor Member due to the Minor Member not having reached the age of majority under the laws of the province or territory in which the Activity is conducted.
   5. “Premises” means the venue(s) and facilities in which an Activity, training and competitions occur, including those venues or facilities belonging to or associated with Pickleball Canada.
   6. “Pickleball Canada” means Pickleball Canada and, if the context requires, includes all individuals contracted by or engaged in activities with Pickleball Canada, such as coaches, instructors, managers, Athlete Support Personnel, directors, and committee members.
   7. “Member” means the individual who is registering with Pickleball Canada to participate and be directly involved in the activities of Pickleball Canada pursuant to this Agreement.
4. I agree that, upon acceptance of this application, I will become a debtor to Pickleball Canada for the full amount of all fees and costs associated with my registration. 
5. I, the parent/guardian of the minor Member, confirm that I have read the Pickleball Canada Sport Integrity Policy Suite, including the Code of Conduct and the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (UCCMS), available here, with the minor Member and explained the requirements to the minor Member. 
6. I understand that Pickleball Canada cannot offer an environment free of allergens, including nuts, and cannot effectively monitor or guarantee that its activities are free of allergens. It is my responsibility to take the necessary precautions by ensuring that the minor Member has an individual emergency plan, including an epinephrine auto-injector (commonly known as an EpiPen) if needed, in the event of a serious allergic reaction.
7. I understand and agree that Pickleball Canada shall be excused from the performance of its obligations under this Agreement to the extent that such performance is prevented by force majeure (defined below) and if it provides notice of such force majeure event to the minor Member. Such excuse shall be continued so long as the condition constituting force majeure continues. Pickleball Canada will use its best efforts to notify the minor Member within fifteen (15) business days of such event of the anticipated duration of such force majeure, and any actions being taken to avoid, minimize or mitigate its effect after such occurrence. For purposes of this Agreement, “force majeure” shall include conditions beyond the control of Pickleball Canada, including an act of God, acts of terrorism, voluntary or involuntary compliance with any regulation, law or order of any government, pandemic or epidemic (whether pandemic or epidemic is declared or not), war, acts of war (whether war be declared or not), labor strike or lock-out, civil commotion, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe. The payment of invoices due and owing shall in no event be delayed by the minor Member because of a force majeure affecting the Member.

CONSENT FOR USE OF PERSONAL INFORMATION, PHOTO RELEASE AND ELECTRONIC COMMUNICATIONS

Personal Information 

1. I authorize Pickleball Canada to collect, use and disclose the minor Member’s personal information, and my own personal information as parent or legal guardian, for the following purposes, and for no other purpose:
   1. processing and administering the minor Member’s registration and membership with Pickleball Canada, including verifying their identity, age and eligibility;
   2. collecting registration and membership fees and administering any amount I owe to Pickleball Canada;
   3. obtaining and administering insurance coverage in connection with the minor Member’s participation;
   4. entering the minor Member in training, programs and competitions, assigning them to an age-appropriate and skill-appropriate training environment, and administering selection, ranking, seeding and eligibility decisions;
   5. publishing the minor Member’s name, category, team or club affiliation and competition results;
   6. recording and reviewing baseline performance data where necessary for training, selection, ranking and seeding in the programs and competitions the minor Member has entered;
   7. responding to a medical emergency, injury, illness or allergic reaction affecting the minor Member, including contacting me and arranging medical aid;
   8. administering the policies, rules and regulations of Pickleball Canada, including the Sport Integrity Policy Suite, and conducting or responding to any complaint, investigation, discipline or appeal process under them;
   9. publishing sanction information in the circumstances described in paragraph 2 below; and
   10. sending me the administrative and transactional electronic communications described in paragraphs 7 to 11 below, being communications about registration, accounts, billing, notices, disclosures, policies and procedures, and health and safety.
2. I acknowledge that if I am sanctioned in some way that restricts my child’s eligibility to participate in sport due to a violation of Pickleball Canada’s conduct standards and policies, certain identifying information may be publicly released, including my full name, category of alleged violations, nature of the violation pursuant to the Pickleball Canada’s Sport Integrity Policy Suite sanction imposed and description of the imposed sport participation restriction or sanction conditions and date of issuance of sanction and period in effect. 
3. Complete texts of the Privacy Policy may be found here.
4. If you wish to review your personal information held by Pickleball Canada, you must make a request pursuant to our Privacy Policy. 
5. You may withdraw consent to use your personal information pursuant to the Privacy Policy, except for such information published pursuant to a sanction decision. Such a withdrawal may require the cancellation of registration with and suspension of activities with Pickleball Canada. 
6. For Québec residents, where the minor Member is 14 years of age or older, section 14 of the Act respecting the protection of personal information in the private sector permits the consent described above to be given by the minor Member, by the parent or legal guardian, or by the tutor. The parent or legal guardian’s consent in this Agreement is given on that basis and does not affect the minor Member’s own ability to provide or withdraw consent under that Act.

Pickleball Canada will not sell, rent or trade the minor Member’s personal information or mine. Pickleball Canada will not disclose that personal information to any third party except as necessary for a purpose listed in paragraph 1, as required or permitted by law, or with my consent. Where Pickleball Canada engages a service provider to host or process that personal information on its behalf, it will require that provider by contract to use the information only for the purpose for which it was provided and to protect it.

Electronic Communications 

7. I agree to receive electronic communications from Pickleball Canada in connection with the minor Member’s registration and accounts, billing or account statements, notices, disclosures, policies and procedures, and health and safety matters. These are administrative and transactional communications and are necessary to administer the registration.
8. I understand that communications that Pickleball Canada provides to me in electronic format will be provided: (1) via email with or without attachments; (2) via access to a website that Pickleball Canada designates in an email notice sent to the Members; or (3) by other electronic means as determined by Pickleball Canada.
9. I agree to provide Pickleball Canada with and maintain a valid, active email address and will promptly notify Pickleball Canada of any change to my email address. 
10. I agree that Pickleball Canada is not liable for any third-party incurred fees, other legal liability or any other issues or liabilities arising from statements or notifications sent to an invalid or inactive email address that I have provided.
11. I understand that I may withdraw my consent to receive electronic communications by providing written notice to the Privacy Officer with the details of my request or by clicking the unsubscribe link in an email communication from Pickleball Canada.

Necessary Consents

The consents in paragraphs 1 to 11 above are necessary for Pickleball Canada to register the minor Member, insure them, enter them in competitions, administer its policies, and send me administrative and transactional communications. Pickleball Canada cannot process the registration without them. The consent under “Photo, Image and Likeness” below is not necessary for registration. Declining it does not affect the minor Member’s registration, eligibility, selection or ability to participate. If I do not wish to give one or more of the necessary consents, I will contact the Privacy Officer before registering to discuss whether participation is possible on other terms.

I have read paragraphs 1 to 11 above and, on behalf of the minor Member and in my own capacity, I consent to the collection, use and disclosure of personal information for the purposes listed in paragraph 1, and I agree to the terms in paragraphs 2 to 11.

WARNING: THIS IS A BINDING LEGAL AGREEMENT. PLEASE READ IT CAREFULLY AND CLARIFY ANY QUESTIONS OR CONCERNS BEFORE SIGNING.

For Members in all provinces and territories except Québec: this Agreement gives up legal rights belonging to the Parent or Legal Guardian who signs it, including their own right to sue the Released Parties in regard to a claim by the minor Member. For the minor Member, this is a consent and an acknowledgment of risk only, as set out in Section 7. No legal right belonging to the minor Member is given up.

For minor Members in Québec: this Agreement does not exclude or limit liability for bodily or moral injury to the minor Member or to the Parent or Legal Guardian, but it does give up the Parent or Legal Guardian’s own right to claim for material injury, and it operates as an acknowledgement and acceptance of the risks of the Activities, as set out in Section 9.

1. PARTIES AND DEFINITIONS
   1. This Agreement is entered into between the Released Parties and the Parent or Legal Guardian of the minor Member.
   2. “Released Parties” means Pickleball Canada and its directors, Athlete Support Personnel, officers, committee members, employees, volunteers, contractors, agents, representatives, successors, and assigns, and all other persons or entities acting in any capacity on their behalf, each in their capacity as such.
   3. “Member” means the individual who is registering with Pickleball Canada to participate and be directly involved in the activities of Pickleball Canada pursuant to this Agreement.
   4. “Parent or Legal Guardian” means the adult executing this Agreement, who signs both in their own personal capacity and on behalf of the minor Member.
   5. “Age of Majority” means the age of majority in the province or territory in which the Activity is conducted.
   6. “Premises” means the venues and facilities in which an Activity, training or competition occurs, including those belonging to or associated with Pickleball Canada.
   7. “Activities” has the meaning given in Section 3.
   8. Interpretation. “I”, “my” and similar words refer to the Parent or Legal Guardian, acting in both capacities described in Section 1.4. Where a provision is expressed to bind the Parent or Legal Guardian personally, it does not bind the minor Member. In Section 8 only, “I” and “my” refer to the minor Member.
2. WHO SIGNS THIS AGREEMENT
   1. This Agreement must be executed by the Parent or Legal Guardian of the minor Member before the minor Member may participate in any Activity.
   2. Only the Parent or Legal Guardian, acting on behalf of the minor Member, must review and agree to the operative terms of this Agreement, and the minor Member is not a signing party to those terms. The one exception is Section 8 (My Pickleball Commitments), which is addressed to the minor Member: the minor Member is asked to read it, with help from their Parent or Legal Guardian if needed, and to sign and date it where they are 12 or older (14 or older in Québec). Where the minor Member is under that age or unable to sign, the Parent or Legal Guardian initials Section 8 instead. Section 8 is a safety commitment only and does not give up or affect any right belonging to the minor Member.
   3. This Agreement has two operative parts. In Part A (Section 6), the Parent or Legal Guardian gives up their own legal rights, including their own right to sue the Released Parties in negligence. In Part B (Section 7), the Parent or Legal Guardian consents to the minor Member taking part and acknowledges the risks on their behalf, without giving up any right belonging to the minor Member.
3. THE ACTIVITIES
   1. “Activities” means the pickleball and related sport and physical activities, training, instruction, coaching, competitions of any kind (including tournament play, league play, sanctioned and non-sanctioned tournaments, exhibition and friendly matches, and recreational or social play), events, programs and associated tasks provided, organized, sanctioned or supervised by Pickleball Canada, including:
      1. training and competitive activities, whether formal or informal;
      2. pickleball training, practice, instruction and lessons, including individual, partner and group sessions and specialized coaching;
      3. strength, conditioning and fitness programs related to pickleball, including aerobic and anaerobic conditioning;
      4. nutritional and dietary programs;
      5. use of training aids, equipment, machines, facilities, Premises and associated amenities in connection with an Activity, whether provided by Pickleball Canada or third parties; and
      6. travel to and from an Activity.
4. DESCRIPTION AND ACKNOWLEDGMENT OF RISKS
   1. Participating in an Activity has foreseeable and unforeseeable risks, hazards and dangers that no amount of care, caution or expertise can eliminate, including serious bodily injury, permanent disability, paralysis, death and other losses. Pickleball Canada strives to maintain reasonable safety standards but cannot guarantee against all risks.
   2. The Parent or Legal Guardian acknowledges that the minor Member  participates voluntarily and that the risks, dangers and hazards include, but are not limited to:
      1. Health: 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, infectious diseases, bacteria, parasites or other organisms or any mutation.
      2. Premises: defective, dangerous or unsafe condition of the facilities or natural environment; falls; collisions with objects, walls, equipment or persons; dangerous, unsafe or irregular surfaces; extreme weather conditions; and travel to and from Premises.
      3. Use of Equipment: mechanical failure of equipment; negligent design or manufacture of equipment; the provision of, or the failure by a Released Party to provide, any warnings, directions, instructions or guidance as to the use of equipment; and failure to use or operate equipment within the minor Member’s ability.
      4. Contact: contact with sporting equipment or other persons, whether or not related to the sport, which may lead to serious bodily injury, including concussion or other brain injury, or serious spinal injury.
      5. Advice: negligent advice regarding an Activity, including instruction, coaching and safety guidance.
      6. Ability: failing to act safely or within the minor Member’s own ability or within designated areas.
      7. Cyber: privacy breaches, hacking, technology malfunction or damage, including risks associated with registration systems, payment processing and communication platforms, whether or not caused by third-party service providers.
      8. Conduct: the minor Member’s conduct and the conduct of other persons, including any physical altercation between Members, whether intentional or unintentional.
      9. Travel: any travel associated with an Activity, including travelling to a facility.
5. PARTICIPATION TERMS
   1. In consideration of Pickleball Canada allowing the minor Member to participate in the Activities, which consideration is acknowledged as sufficient, the Parent or Legal Guardian agrees:
      1. that the minor Member assumes responsibility for their surroundings, location selection and equipment used;
      2. that the minor Member’s mental and physical condition is appropriate to participate in an Activity, and the Parent or Legal Guardian accepts all risks related to that condition;
      3. that the minor Member will comply with the rules and regulations for participation in an Activity, including the rules of pickleball;
      4. that the minor Member will comply with the rules of the applicable facility or equipment;
      5. that if the minor Member observes an unusual or significant hazard or risk, they will remove themselves from participation and report it to a representative of Pickleball Canada immediately;
      6. that the minor Member will not participate if impaired in any way by alcohol, drugs (including prescription medications), illness, fatigue, or any other condition that could impair their judgment or physical capabilities. Pickleball Canada reserves the right, in its sole discretion and based on reasonable observation and assessment, to remove any Member who demonstrates signs of impairment that could pose a safety risk, without refund or compensation;
      7. that it is the Parent or Legal Guardian’s responsibility to assess whether any Activity is too difficult for the minor Member; and
      8. that neither the Parent or Legal Guardian nor the minor Member is relying on any oral or written statements made by Pickleball Canada or its agents.
6. THE PARENT OR LEGAL GUARDIAN’S OWN RIGHTS ARE GIVEN UP (BINDING ON THE PARENT OR LEGAL GUARDIAN ONLY, NOT ON THE MINOR MEMBER)
   1. Scope. This Part applies to the rights of the Parent or Legal Guardian signing this Agreement, and to no one else. It does not affect any right belonging to the minor Member.
   2. Assumption of risk and release of the Parent or Legal Guardian’s own claims. The Parent or Legal Guardian has read the description of risks in Section 4. In their own personal capacity, and not on behalf of the minor Member, the Parent or Legal Guardian accepts all risks arising from the minor Member’s participation in the Activities and from the Parent or Legal Guardian’s own attendance or participation as a spectator, driver, chaperone or volunteer. For themselves and their heirs, executors, administrators, and personal representatives, the Parent or Legal Guardian forever releases and waives all claims, demands, actions, damages, losses, judgments, and costs, including legal fees, arising from such participation or attendance, whether now or in the future. This release covers every claim belonging to the Parent or Legal Guardian, whether a direct claim of their own or one they are entitled to bring because the minor Member has been injured or has died, whether created by statute or at common law. It applies even where the loss is caused by the negligence of the Released Parties, a breach of this Agreement, or a breach of a duty of care owed at law, but excludes gross negligence, wilful misconduct, and any liability that cannot be excluded under applicable law.
   3. What this release covers. This includes the Parent or Legal Guardian’s own nervous shock, psychological injury or mental distress arising from injury to the minor Member; out-of-pocket, medical, rehabilitation, travel and care costs and lost income arising from injury to the minor Member; claims for loss of care, guidance and companionship, loss of guidance and society, or similar damages, whether under family law, dependants’ relief or fatal accidents legislation of the applicable province or territory or, where no such legislation applies, at common law; and the Parent or Legal Guardian’s own injury or property damage while attending, travelling to or from, or assisting at the Activities.
   4. Occupiers’ liability (all jurisdictions except Québec). The Parent or Legal Guardian acknowledges that the Released Parties, including any owner or operator of the Premises, rely on this Part to restrict, modify and exclude the duty of care they would otherwise owe to the Parent or Legal Guardian as occupiers of premises. The Parent or Legal Guardian waives their own claims for breach of a duty of care owed at law, including any duty under the Occupiers’ Liability Act or equivalent legislation of the applicable province or territory or, where no such legislation applies, at common law, in respect of any loss, damage, injury or expense arising from the condition of, or any activity carried on at, the Premises, and willingly accepts all risks of entering and using the Premises.
   5. Operative release. In their own personal capacity, the Parent or Legal Guardian agrees:
      1. to assume all risks of personal injury, death, property damage, expense and related loss, including loss of income, arising from the minor Member’s participation in the Activities and the Parent or Legal Guardian’s own attendance, and to release and waive all of their own claims against the Released Parties arising from that participation or attendance, including future claims, regardless of cause, except where the claim arises directly from the Released Parties’ gross negligence or wilful misconduct;
      2. NOT TO SUE THE RELEASED PARTIES, whether directly or indirectly, in respect of any claim released under this Part;
      3. to SAVE and HOLD HARMLESS the Released Parties from any litigation expense, legal fees, liability, damage, award or cost they may incur due to any claim made against them by the Parent or Legal Guardian, on their behalf, or by their estate; and
      4. that this Part is intended to be as broad and inclusive as applicable law permits.
   6. Indemnity by the Parent or Legal Guardian. To the fullest extent permitted by law, if any of the Released Parties face any claim, demand, action, damage, loss, cost or expense, including legal fees, arising from the participation or attendance described in this Part, the Parent or Legal Guardian will indemnify, defend and hold them harmless, excluding claims arising from the gross negligence or wilful misconduct of the Released Parties and any liability that cannot be excluded under applicable law. This indemnity does not apply to, and the Parent or Legal Guardian is not required to indemnify the Released Parties in respect of, any claim for bodily injury, death or moral injury brought by or on behalf of the minor Member, including any judgment, settlement or defence cost arising from such a claim. This indemnity does apply to third-party claims, to claims for property damage, and to loss or expense arising from the minor Member’s wilful misconduct. Its enforceability is severable under Section 10.1.
7. THE MINOR MEMBER’S CONSENT AND ACKNOWLEDGMENT ONLY
   1. What the Parent or Legal Guardian has read and discussed. The Parent or Legal Guardian has read this Agreement carefully and understands its contents, including Sections 3 and 4, has had the opportunity to ask questions and to seek independent legal advice, signs voluntarily and without inducement, duress or coercion, and has discussed the risks with the minor Member in a manner suited to their age and understanding. To the best of the Parent or Legal Guardian’s knowledge, the minor Member is fit to take part, and no healthcare provider has advised otherwise. The Parent or Legal Guardian will notify Pickleball Canada of any change affecting safe participation.
   2. Consent. Knowing the risks described in Section 4, the Parent or Legal Guardian consents to the minor Member taking part in the Activities and, on the minor Member’s behalf, accepts those risks as inherent in the sport and as a condition of taking part.
   3. What this Part does not do. This Part does not waive, release, limit or bar any claim or right belonging to the minor Member. Nothing in this Agreement operates as a waiver or release of the minor Member’s own claims, and Pickleball Canada does not represent otherwise.
8. MY PICKLEBALL COMMITMENTS (FOR THE MINOR MEMBER)
   1. This Section is for the minor Member to read, with help from their Parent or Legal Guardian if needed. It is a safety commitment, not a legal agreement. It does not form part of the operative provisions of this Agreement; it does not give up or affect any right belonging to the minor Member, and nothing in it changes Section 7.3.
   2. Pickleball is fun, and it is safer when everyone follows the same rules. Here is what I commit to do when I play:
      1. I will follow the rules of the game and the rules of the place where I am playing.
      2. I will listen to my coach, instructor and officials, and do what they ask me to do.
      3. I will wear the shoes, eyewear and other equipment I am told to wear, and I will use my own paddle and gear the way I was shown.
      4. I will warm up before I play and tell someone if I am hurt, dizzy, too hot or feeling unwell.
      5. I will ask a question any time I do not understand something. Asking is always okay.
      6. I will say so if something feels unsafe or I do not feel ready to try it. Nobody will be upset with me for saying that.
      7. I will play safely around other people, and I will not use my paddle or any equipment in a way that could hurt someone.
      8. I understand that pickleball involves running, quick movements and a hard ball, and that people sometimes get hurt playing sports even when everyone is careful.
      9. I have read these commitments, or they were read and explained to me, and I understand them.

   If the minor Member is under 12 (under 14 in Québec), or is unable to sign, the Parent or Legal Guardian confirms instead that these commitments were explained to the minor Member in a way suited to their age and understanding.

9. QUÉBEC REGISTRANTS
   1. This Section applies where the minor Member resides in, or the Activities are conducted in, the Province of Québec, and applies notwithstanding any other provision of this Agreement.
   2. In accordance with article 1474 of the Civil Code of Québec, nothing in this Agreement excludes or limits liability for bodily or moral injury caused to the minor Member or to the Parent or Legal Guardian.
   3. In Québec, this Agreement operates as an acknowledgment and acceptance of the risks inherent in the Activities. The Parent or Legal Guardian acknowledges, on behalf of the minor Member, that the minor Member is exposed to the risks, dangers and hazards described in Section 4. This acknowledgment does not constitute a waiver or renunciation of the minor Member’s rights or remedies, but it may be considered in the assessment of liability and fault in accordance with the Civil Code of Québec.
   4. In Québec, to the fullest extent permitted by law, the release, waiver and indemnity in section 6 apply only to the Parent or Legal Guardian’s own claims for material injury, and only to the extent those claims are lawfully waivable. They do not apply where the injury results from the intentional or gross fault of the Released Parties. Nothing in this Agreement releases, limits, or transfers any claim belonging to the minor Member, and nothing in this Agreement requires the Parent or Legal Guardian to indemnify the Released Parties for liability arising from bodily or moral injury to the minor Member.
10. GENERAL
    1. Severability. Each provision operates independently. If any portion of this Agreement is held invalid, void or unenforceable, it is severed only to that extent and only in that jurisdiction, and the remaining portions remain in full force and effect.
    2. Governing law. This Agreement is governed by the laws of the province or territory in which the Activity giving rise to the claim took place, and the federal laws of Canada applicable therein. This Section is subject to Section 9 (Québec Registrants) and to any mandatory provision of applicable law that cannot be varied by agreement, including any law conferring jurisdiction on the courts or authorities of the province or territory where the minor Member resides.
    3. Entire agreement. This Agreement constitutes the entire agreement between the parties on the matters it covers and supersedes any prior agreement or statement, whether oral or written. It is not intended to confer any rights or remedies upon any person who is not a party, and no person will be deemed a third-party beneficiary.
    4. Binding effect. This Agreement is binding upon and enures to the benefit of the Released Parties and their respective successors, permitted assigns, heirs, executors and legal representatives, and upon the Parent or Legal Guardian and their heirs, spouse, children, next of kin, executors, administrators and legal or personal representatives.
    5. Medical aid. The Parent or Legal Guardian authorizes Pickleball Canada to arrange for and provide any necessary medical, surgical or dental aid should the minor Member suffer an injury or illness arising from their participation in the Activities. Pickleball Canada will make reasonable efforts to contact the Parent or Legal Guardian before aid is provided, except where the urgency of the situation does not permit it, and nothing in this Section requires Pickleball Canada to delay emergency treatment. The Parent or Legal Guardian agrees to be responsible for the cost of that aid, other than any cost arising from the gross negligence or wilful misconduct of the Released Parties.
11. EXECUTION
    1. This Agreement is signed only by the Parent or Legal Guardian. The minor Member does not sign.
    2. By checking the acceptance box and typing their name below, the Parent or Legal Guardian signs in two capacities: in their own personal capacity, accepting Part A and giving up their own claims; and on behalf of the minor Member, giving the consent and acknowledgment in Part B, without waiving any right belonging to the minor Member.
    3. Electronic signature. This Agreement is intended to be completed and signed electronically, and the Parent or Legal Guardian consents to signing electronically. Completion in paper form is permitted by exception. An electronic signature has the same legal effect as a handwritten one, and an electronic copy or printout is admissible as evidence of this Agreement and of the signature.

In consideration of the acceptance of the minor Member’s registration with Pickleball Canada, I agree:

1. I have read this Agreement in its entirety, accept its terms and conditions, and that I have executed this Agreement voluntarily.
2. To abide by the policies, rules and regulations of Pickleball Canada, as amended from time to time.
3. That this acceptance is given in respect of the entire Agreement, including the assumption of risk, parent/guardian release of liability, waiver of claims, indemnity and consent provisions above, and that it adds no term to, and does not limit or modify, any provision of the Agreement.

By checking the acceptance box below and typing my name, I, the Parent or Legal Guardian, agree to accept the terms and conditions described in this Agreement, signing in the two capacities described in Section 11.2. The minor Member does not sign.

By drawing my signature below, I confirm that I am the Parent or Legal Guardian of the minor registrant and am legally authorized to execute this Agreement on their behalf.