Tofino Pickleball Society

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.

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 September 1, 2024 your registration provides you with PCO and PBC membership until December 31, 2025. If you have any questions about your Club Membership or issues surrounding your local organization please contact your club directly.

In subsequent years, 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

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND DISCLOSURE OF RISK AGREEMENT
(hereinafter referred to as the “Release Agreement”)
BY SIGNING THIS DOCUMENT YOU MAY WAIVE OR GIVE UP SPECIFIC LEGAL RIGHTS, INCLUDING, IN CERTAIN SITUATIONS, THE RIGHT TO CLAIM DAMAGES FOLLOWING AN ACCIDENT PLEASE READ CAREFULLY!
This Release Agreement shall apply to all subsequent membership renewals.

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
By signing this Release Agreement, I acknowledge that I am aware or that I have been made aware by the present that
participating in the sport of pickleball involves many standard, common and reasonably foreseeable risks, dangers and hazards inherent to the sport 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, cuts, scrapes, bruises, or other lesions, strains, sprains, fractures, brain injury such as concussions or other head traumas, spinal cord injury including paraplegia or quadriplegia, or death; damage to or loss of eyesight; loss of balance or control; slips, trips and falls; and 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 PRECUATIONARY 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
As a condition 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 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;
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.