Peterborough Pickleball Association

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.

The main objective of the PPA code of conduct is to ensure that its members behave in a manner that will respect all members and guests, ensuring a safe and enjoyable environment, while maintaining a positive approach to the goals and purpose of the PPA.

The PPA code of conduct applies to all participants, members, sponsors, volunteers and guests who participate in any PPA activity or event. It also requires that members of the PPA always demonstrate appropriate behaviour, including in their use of social media to ensure that it is not detrimental to the PPA or its members.

Member responsibilities:

1. Demonstrate respect and courtesy for every person regardless of race, colour, ethnic origin, citizenship, sex, gender identity or expression, sexual orientation, age, ancestry, athletic ability, disability, creed and family, economic or marital status. Respect the rights, dignities, sensitivities and worth of every person.
2. Never verbally or physically abuse, discriminate, or harass in any way, including sexual harassment, or the use of profane, insulting or otherwise offensive language towards any opponents, officials, spectators, volunteers or sponsors. Always treat everyone with dignity.
3. Avoid inappropriate comments or criticisms of coaches, volunteers, officials, organizers, or members; use the proper channels for any grievances and recommendations for changes.
4. Respect the property of others. Do not willfully cause damage, theft, or loss.
5. Wear safe and appropriate clothing for the game of pickleball. Ensure that no article of clothing will be offensive to anyone.
6. Adhere to the rules of pickleball and the spirit of those rules. Demonstrate sportsmanship, sport leadership and ethical conduct. Be honest, fair and reasonable, remembering that good sportsmanship is an integral part of pickleball.
   
7. All players shall use their best effort while competing in a tournament, or other specified PPA events and activities.
8. Be punctual and courteous. If unable to attend a prior commitment, give sufficient notice.
9. Promote the sport of pickleball.
10. Ensure that any post on social media will not be offensive to any members, or detrimental to the PPA or the sport of pickleball.
11. Members will be responsible for the conduct of their guests.
12. Members will not infer that they speak on behalf of the PPA unless specifically authorized by the Board.
13. Abide by the Constitution and By Laws of the PPA. Suggestions for improving these are always welcome and must be submitted to the Board.

Members recognize that failure to abide by the Code of Conduct may result in disciplinary action by the Board pursuant to PPA By Law Number 2 Membership. This may range from a simple discussion of the matter to a warning or suspension or revocation of membership.

I hereby certify that I have read, understand, and will comply with the PPA’s Code of Conduct.

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