Parksville Oceanside Pickleball Society

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT

By signing this document your may waive or give up specific legal rights, including the right to claim damages following an accident. Please read carefully. This Release Agreement shall apply to all subsequent membership renewals.

Assumption of Risks

By signing this Release Agreement, I acknowledge that I am aware or that I have been made aware that participating in the sport of pickleball involves many risks, dangers and hazards inherent to the sport of pickleball 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;

I freely accept and fully assume all such standard, common and reasonably foreseeable risks, dangers and hazards inherent to the sport of pickleball and the possibility of personal injury, death, or property damage or loss resulting therefrom. I acknowledge that I am responsible for my choice to participate in the sport of pickleball after being notified of the above-mentioned risks, dangers and hazards and that the level of risk, danger and hazard that may affect me personally may be affected by my skill level and experience in the sport of pickleball, as well as any precautionary measures that I may or may not have taken to avoid such risks, dangers and hazards and my chosen reaction in any given situation while participating in the sport of pickleball.

Release of Liability, Waiver of Claims and Indemnity Agreement

1. To waive any and all claims that I have or may have in the future against any of The Releasees, and to Release the Releasees from any and all liability for any material loss or damage, or expense that I may suffer, or that my next of kin may suffer, as a result of the realization of any normal, common and reasonably foreseeable risk(s) that is(are) due to my participation in the sport of pickleball, unless caused by the intentional or gross fault of the Releasees.

2. That, in the event that I suffer bodily or moral injury as a result of my participation in the sport of pickleball and that such injury is not caused as a result of the realization of any normal, common and reasonably foreseeable risk that is inherent in the sport of pickleball, my awareness of the disclosures of risk, danger and hazard expressed in the present release may be considered as a contributory fault on my part and that I may, as a result, be considered in the apportionment of liability for any injury that I suffer in the event that I take any legal action against the Releasees:

3. 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;

4. 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:

5. 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 BC and no other jurisdiction:

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

By entering into the Release Agreement I am not relying upon any oral or written representations or statement 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.

IMPORTANT NOTICE - PLEASE READ CAREFULLY This Release Agreement applies to the current membership period only. Separate agreements must be executed for future 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.

1. PARTIES AND DEFINITIONS

TO: PICKLEBALL CANADA ORGANIZATION (a federally incorporated non-profit organization), its affiliated provincial and territorial organizations, local member associations and clubs, and their respective directors, officers, employees, coaches, instructors, agents, representatives, and volunteers (collectively the "Releasees"). This release does not extend to independent contractors, subcontractors, sponsors, or facility owners/operators unless they are acting under the direct supervision and control of Pickleball Canada Organization.

ACTIVITIES include: participation in or attendance at practices, training, coaching, lessons, clinics, skill development, tryouts, leagues, tournaments, competitions, events, orientation, meetings, demonstrations, social activities, volunteering, officiating, administration, use of facilities and equipment, and related travel.

2. ASSUMPTION OF RISKS

I acknowledge that participating in pickleball and related Activities involves inherent and foreseeable risks, including:

1. Collision with persons or objects

2. Being struck by paddles, nets, posts, or balls

3. Overexertion, dehydration, cardiovascular events

4. Personal injury (strains, fractures, eye injuries, brain injury, spinal cord injury, death)

5. Loss of balance, slips, trips, falls

6. Inadequate first aid or equipment defects

7. Ordinary negligence by the Releasees in the conduct of Activities, but excluding gross negligence, willful misconduct, or reckless disregard for participant safety

I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE.

3. RELEASE AND WAIVER OF CLAIMS

In consideration of being permitted to participate, I agree to:

3.1 WAIVE AND RELEASE all claims against the Releasees for any loss, damage, injury, or death arising from my participation and caused by ordinary negligence of the Releasees, but excluding claims arising from gross negligence, willful misconduct, reckless disregard for safety, breach of statutory duties, or violations of consumer protection legislation.

3.2 INDEMNIFY the Releasees against any claims by third parties resulting from my own negligent or intentional conduct during participation, but excluding any indemnity for claims arising from the Releasees' own negligence, breach of duty, or failure to maintain safe conditions.

3.3 BINDING EFFECT - To the extent permitted by law, this Agreement binds my heirs, executors, administrators, and personal representatives, except where such binding effect would be contrary to public policy or applicable succession laws.

4. JURISDICTION-SPECIFIC PROVISIONS

4.1 BRITISH COLUMBIA RESIDENTS - SPECIAL PROVISIONS

FOR MINORS: If the participant is under 19 (age of majority in BC), the parent/guardian acknowledges:

• • I have read and explained this Agreement to the minor

• • I consent to the minor's participation

• • I accept risks on the minor's behalf only to the extent permitted by BC law

• • I acknowledge that I cannot waive the minor's independent right to sue upon reaching the age of majority, and this waiver does not purport to do so

• • My indemnity obligations relate only to my own conduct, not the minor's independent rights

4.2 QUEBEC RESIDENTS - IMPORTANT LIMITATIONS

QUEBEC LEGAL PROTECTIONS: For Activities in Quebec or governed by Quebec law:

RISKS ACKNOWLEDGMENT: The assumption of risks is an acknowledgment of foreseeable risks and agreement to participate despite them.

LIABILITY LIMITATIONS: Any release or indemnity in this Agreement:

• • SHALL NOT exclude liability for bodily injury, death, or moral injury caused by intentional fault or gross fault (faute lourde), and any such exclusion is null and void under Quebec Civil Code Articles 1474 and 1475

• • SHALL NOT exclude liability that cannot be waived under Quebec's Civil Code or Consumer Protection Act

JURISDICTION: Quebec law governs, and Quebec courts have jurisdiction for Quebec Activities.

4.3 OTHER PROVINCES AND TERRITORIES

For Activities outside BC and Quebec, the governing law and jurisdiction will be:

• The province/territory where the Activity occurs, or

• If outside Canada, the jurisdiction where the Activity occurs

• Federal Court of Canada for matters within exclusive federal jurisdiction, subject to applicable provincial consumer protection and limitation of liability legislation

5. GENERAL PROVISIONS

5.1 SEVERABILITY: If any provision of this Agreement is found to be invalid, illegal, or unenforceable, such provision shall be severed and the remaining provisions shall continue in full force and effect to the maximum extent permitted by law. However, if the invalid provision is fundamental to the Agreement's purpose, the entire Agreement may be void.

5.2 MAXIMUM ENFORCEMENT: This Agreement will be enforced to the maximum extent permitted by applicable law in each jurisdiction.

5.3 JURISDICTION-SPECIFIC UPDATES: Releasees may provide additional jurisdiction-specific riders to ensure local compliance.

5.4 ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties regarding the subject matter herein. However, this provision does not exclude liability for fraudulent misrepresentation or misrepresentations that induce entry into this Agreement.

6. ACKNOWLEDGMENT AND SIGNATURE

I HAVE READ AND UNDERSTAND THIS AGREEMENT. I HAVE HAD SUFFICIENT TIME TO REVIEW IT AND SEEK INDEPENDENT LEGAL ADVICE IF I WISHED TO DO SO. I KNOW I AM WAIVING CERTAIN LEGAL RIGHTS THAT I OR MY REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES, SUBJECT TO THE LIMITATIONS SET OUT IN THIS AGREEMENT.

SPECIAL NOTICE FOR BC AND QUEBEC RESIDENTS: Please review the jurisdiction-specific provisions above that may limit the scope of this waiver under your provincial laws.

Your information is confidential and used only for PickleballBC communication purposes. Your information is protected under BC’s Personal Information Protection Act (PIPA). I recognize and understand that there are certain inherent risks to which I will be exposed because of the nature and level of the Pickleball sports activity in which I have agreed to participate. I will adhere to the local precautions and regulations implemented by the Club that I am registering with.

If you have any questions about your Club Membership or issues surrounding your local organization please contact your club directly.

PBC and PCO Rollover Date is defined as the first date of the current year for PBC and PCO member registration to include the following year. This rollover date will be as of September 1 each year.

If you have any questions about your Pickleball Canada or PBC membership please feel free to contact me about those issues.

PBC Registrar

registrar@pickleballbc.ca

By submitting this form, you consent to the collection and use of your personal information (including name, contact details, date of birth, and emergency contact) for registration, communication, and safety purposes. Your data will be handled securely and only shared as needed with authorized partners. For questions or to access your information, contact our Privacy Officer at info@pickleballcanada.org