RELEASE, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT (PARTICIPANT AND PARENT/GUARDIAN)
PLEASE READ THIS DOCUMENT CAREFULLY AND CLARIFY ANY QUESTIONS OR CONCERNS BEFORE ACCEPTING.
Please note: additional waivers/documentation may be required by individual organization(s) as per their provincial body or board requirements.
WARNING! You are waiving certain legal rights, including the right to sue for or claim compensation following an accident.
Please note: It is the responsibility of the Participant or Parent/Guardian to review this Release, Waiver of Liability and Indemnity Agreement (the “Agreement”). The Agreement remains valid and binding for the duration of any/all programs for which Participants are registered. The Agreement made by signing this waiver in advance of program registrations does not expire, but a renewed electronic signature may be required for further transactions.
In consideration of the Participant being permitted to register and take part in the Activity, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the following is agreed:
THIS WAIVER APPLIES TO:
a. The individual participating in the programs and activities accessed through Sport Hub, together with their heirs, administrators and assigns (the “Individual Participant”). For all Individual Participants who have not attained the age of majority, this Agreement is being agreed to on their behalf by their legal Parent/Guardian. For those Individual Participants who have attained the age of majority, this Agreement is being agreed to in their individual capacity. Whether signing in an individual capacity or as a Parent/Guardian on behalf of an Individual Participant, both parties are referred to herein as the “Participant”;
b. The creators, managers and funders of the Sport Hub website (“Sport Hub”);
c. All participating organizations and/or community sport organizations, whose programs are accessed through Sport Hub, which include but are not limited those listed at https://mysporthub.ca/Home/Organizations (the “Organizations”); and
d. All of the Organizations’ governing bodies, National and Provincial sport organizations, as applicable, together with their directors, officers, employees, coaches, instructors, volunteers, agents, representatives, business operators and/or members (the “Affiliated Organizations”).
(collectively Sport Hub, the Organizations and the Affiliated Organizations shall be referred to as the “Indemnified Parties”)
ACTIVITY DESCRIPTION:
1. It is acknowledged that the Participant will be engaging in certain activities of an Organization, which will be accessed through Sport Hub. All Participants and Parents/Guardians are encouraged to carefully review the Organization’s descriptions of its activities and its applicable rules.
2. The activity may include: warm-ups, training, practice, games, competitions, pre-event and post-event social activities, and travel to and from events. The activities may specifically include movements/environments/experiences such as: stretching, running, swinging, utilizing equipment, using the hands/arms, sliding/diving, catching, coming into close contact with other participants, use of and sharing of equipment and space, receiving unintentional strikes from the feet/bodies of other participants, receiving bodily impact from equipment or the bodies of other Individual Participants, utilizing built infrastructure and natural environment facilities, spending time outdoors in varying weather conditions such as cold, rain, wind, sun, heat, etc. and such other activities as may reasonably be expected to occur in the context of the event or program.
(Any and all of which are individually and collectively referred to in this document as the “Activity”).
DESCRIPTION AND ASSUMPTION OF RISKS
3. I am aware that participating in the Activity involves many risks, dangers and hazards, which include but are not limited to:
• Risk of contracting illness such as COVID-19;
o COVID-19 is a serious health threat and can be deadly. While the risks are increased for individuals aged 65 and over, with compromised immune systems, or with underlying medical conditions, the contraction of COVID-19 presents a risk to every individual. The risks associated with this disease include risk of permanent health effects and death. Risk of contracting this disease may increase from activities that include contact with others, equipment, or surfaces which may be contaminated. These are among the risks inherent in the Activity.
• Injuries, including breaks, sprains, strains, and dislocations, resulting from physical contact with playing surfaces, Participants, spectators, or equipment;
• Organ and ocular damage from physical contact with Participants, equipment or playing surfaces;
• Connective tissue injuries to tendons, ligaments, and cartilage;
• Head injuries, including concussions, broken facial or cranial bones or teeth, and abrasions;
• Tripping hazards or slip and falls resulting in serious injury or death;
• Spinal cord injuries that may result in paralysis;
• Joint injuries to shoulders, back or neck, and knees and ankles;
• Risk of cardiovascular or cardiopulmonary distress or death;
• Equipment malfunction and/or failure, or improper use of equipment;
• Exposure to adverse weather conditions and/or irregular or negligent field maintenance;
• Heat-related illnesses such as dehydration, heat exhaustion, and heat stroke;
• Any of the above, which may result in death.
• For those sports/activities that take place on or near water: injury or death by drowning;
• Negligence and/or accidental/intentional inappropriate behaviours on the part of other Participants;
• Negligence on the part of the Organizations, including the failure to take reasonable steps to safeguard or protect me from the risks, dangers, and hazards of participating in the Activity.
• Damage/loss of property associated with the Activity i.e. equipment damaged/broken during play or otherwise.
• Damage/loss of property associated with travel to/from the activities or on site i.e. vehicle wear from travel, vehicle accidents, incidents in parking lots or facilities, lost keys, stolen vehicles, etc.
• Damage/loss of property associated with storing belongings on-site of the Activity or while traveling.
• Property being lost, stolen, or damaged.
(collectively the “Risks”)
4. I understand the Risks may be relative to the Participant’s state of fitness and health (physical, mental and emotional), and to the awareness, care, and skill with which the Participant conducts themselves while participating in the Activity. Furthermore, injuries sustained and illness contracted through the Activity can be severe and potentially fatal.
5. The Participant freely accepts and fully assumes all such Risks occasioned during or arising from their participation in the Activity.
RELEASE OF LIABILITY AND INDEMNITY
6. The Participant waives any and all claims that they have or may in the future have against the Indemnified Parties and releases the Indemnified Parties from any and all personal or professional liability for any loss, damage, expense, injury, or illness including death, the Individual Participant may suffer, as a result of their participation in the Activity due to any cause, including but not limited to negligence, breach of contract or breach of any statutory or other duty of care owed under the Occupiers’ Liability Act, S.N.S. 1996, c. 27, or the Common Law of Canada or Nova Scotia, on the part of the Indemnified Parties, and further including the failure on the part of Indemnified Parties to take reasonable steps to safeguard or protect the Individual Participant from the risks, dangers, and hazards of participating in the Activity.
7. The Participant forever releases, discharges, saves harmless and indemnifies the Indemnified Parties from any and all liability for any and all claims, demands, actions, damages (including, but not limited to, direct, indirect, incidental, special, and/or consequential), losses (economic/non-economic), judgments, executions, and costs (including legal fees and disbursements) which the Individual Participant may have arising out of the Individual Participant’s participation in the Activities
REPRESENTATIONS AND ACKNOWLEDGEMENT
8. If applicable, I have authority as the parent or legal guardian of the Individual Participant to enter into this Agreement;
9. If applicable, I have discussed the risks associated with the Activity with the Individual Participant;
10. If applicable, the Individual Participant HAS my permission to participate in the Activity;
11. If applicable, the Individual Participant signing on their own accord has attained the age of majority.
By selecting (a) program(s) and submitting registration through Sport Hub website registration portal, you understand and expressly acknowledge that you have read this Agreement, are executing it voluntarily and with full knowledge of its content, and that it is binding upon the Individual Participant. By signing below you agree to the above. This signature signifies that you have read, understood, and agree to be bound by the terms of the Agreement.
"Play at your own Risk."
Should you have any questions or concerns please contact admin@mysporthub.ca