Pickleball Kelowna Club

WAIVER, RELEASE AND LIMITATION OF LIABILITY

READ THIS CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS

IT IS UNDERSTOOD THAT BECOMING A MEMBER OF THE CLUB AND PARTICIPATING IN THE SERVICES (AS DEFINED HEREIN) CAN BE HAZARDOUS AND INVOLVE INHERENT RISKS.

1. WAIVER, RELEASE AND INDEMNITY

1.1 In consideration of the Club granting acceptance of membership to the Member and allowing the Member to participate in the offerings of the Club, including, allowing the Member to practice, play, engage and participate in Pickleball games with other members and third-parties, attend seminars, training sessions, practices, events, games, tournaments and any other activity at Pickleball courts or other facilities all of which being administered by the Club (the above collectively referred to as the “Services”), the undersigned Member individually and on behalf of the Members’ executors, administrators, heirs, next of kin, representatives, successors and assigns, agrees to:

• a) waive, release and discharge the Club and it’s successors, assigns, subsidiaries, affiliates, employees, managers, members, officers, directors, agents and other representatives (individually and collectively known as, the “Released Parties”) from any and all liability (including but not limited to all claims, causes of action, whether in law or in equity, loss, and damage) for the death, disability, illness, personal injury, including, physical or mental of the Member, and property damage occurring directly or indirectly from the Member’s participation in and use of the Services, and covenants not to sue any of the Released Parties with regard to the same;
• b) protect, defend, hold harmless and indemnify each of the Released Parties from and against any and all claims, actions, causes of action, proceedings, suits, costs, liabilities, damages, and expenses, whether known or unknown (including but not limited to all direct, special, incidental, exemplary and consequently damages, and losses of any kind and lawyer’s fees) based upon, resulting from and/or relating in any way to the Member participating in and using the Services.

2. ASSUMPTION OF RISKS

2.1 The undersigned Member is aware and freely accepts that the Member’s use of the Services may involve inherent risks, including but not limited to those risks that may be physical, psychological, and emotional in nature. The undersigned Member freely accepts and assumes all such risks, dangers and hazards arising from the Member’s participation in and use of the Services.

2.2 The undersigned Member is aware that the using of and participating in the Services may involve, inherent risks, dangers and hazards to their person and property including, without limitation, injury, illness and disability howsoever caused, including improper use of equipment, falls, slips, soft-tissue injuries, over-exertion, interaction with other members and third-parties, the Released Parties or other members of the public, negligence, gross negligence and/or willful misconduct of other members, the Released Parties or other members of the public including the failure on the part of the Released Parties to take reasonable steps to safeguard or protect the Member from the risks, dangers and hazards of using and participating in the Services. KNOWING THESE RISKS, THE UNDERSIGNED MEMBER FREELY ACCEPTS AND FULLY ASSUMES ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.

3. LIMITATION OF LIABILITY

3.1 The undersigned Member agrees that the Released Parties shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages occurring out of or in connection with the Released Parties’ performance or non-performance of the Services provided in this Waiver or other agreements or from the negligence of the Released Parties.

3.2 The Released Parties make no, and hereby expressly disclaim all warranties, express or implied, with respect to the nature or quality of the Services, including the implied warranties of merchantability and the fitness of the goods for a particular purpose. In entering into this Waiver the undersigned Member is not relying on any oral or written representation or statements made by the Released Parties with respect to the safety of the Services, other than what is set forth in this Waiver.

3.3 The undersigned Member agrees to indemnify and reimburse the Released Parties against all liabilities, claims, demands, actions, causes of action, damages, losses, costs and expenses suffered or incurred by the Released Parties as a result of the Member using and participating in the Services. Any claim that the Member may have against the Released Parties with respect to the Member using and participating in the Services is limited to the value received by the Released Parties for the Member’s using and participation in the Services.

4. GOVERNING LAW

4.1 This Waiver and all matters arising under it will be governed by and construed in accordance with the laws of British Columbia and, except otherwise provided all disputes and claims arising out of this Waiver will be referred to the courts of the Province of British Columbia.

5. COUNTERPARTS

5.1 This Waiver and any certificate or other writing delivered in connection with this Waiver may be executed in any number of counterparts and any party to this Waiver may execute any counterpart, each of which when executed and delivered will be deemed to be an original and all of which counterparts of this Waiver or such other writing, as the case may be, taken together will be deemed to be one and the same instrument. The execution of this Waiver or any other writing by any party will not become effective until all counterparts, as the case may be, have been executed by all the parties to this Waiver. A copy of this Waiver delivered by facsimile or other electronic means and bearing a copy of the signature of a party to this Waiver shall for all purposes be treated and accepted as an original copy thereof.

THE MEMBER HEREBY CONFIRMS THAT THEY HAVE CAREFULLY READ AND UNDERSTOOD THE TERMS OF THIS WAIVER PRIOR TO SIGNING IT, AND IS AWARE THAT BY SIGNING THIS WAIVER THAT THEY ARE WAIVING CERTAIN LEGAL RIGHTS WHICH THEY OR THEIR HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS MAY HAVE AGAINST THE RELEASED PARTIES AND THAT THEY HAVE BEEN ADVISED TO OBTAIN INDEPENDENT LEGAL ADVICE PRIOR TO SIGNING THIS DOCUMENT.

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.

Effective October 1, 2023 your registration provides you with PCO and PBC membership until December 31, 2024. If you have any questions about your Club Membership or issues surrounding your local organization please contact your club directly.

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

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 British Columbia and no other jurisdiction; and

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

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.