ASSUMPTION OF RISK, WAIVER OF CLAIMS, AND RELEASE OF LIABILITY AGREEMENT
If the Participant is younger than the age of majority in Ontario)
This is a binding legal agreement. Clarify any questions or concerns before signing.
This Agreement must be signed by the Participant and/or the Participant’s parent/guardian when the Participant is younger than the age of majority prior to participation. The Participant’s parent/guardian acknowledges and agrees to the terms on behalf of the Participant.
ACTIVITIES:
The Participant desires to voluntarily participate in the sport of basketball and the activities, programs, classes, and services (the “Activities”) provided by, and/or in the events sponsored or organized by, London Ramblers Basketball and its Directors, Officers, committee members, members, employees, coaches, volunteers, officials, judges, participants, agents, sponsors, and owners and operators of the facilities in which the Activities take place (collectively, the “Organization”).
RISKS:
The Activities have foreseeable and unforeseeable inherent risks, hazards, and dangers that no amount of care, caution or expertise can eliminate, including without limitation, the potential for serious bodily injury, permanent disability, and loss of life. These risks may include:
(a) Activities: competitions, practices, training, and aerobic and anaerobic conditioning programs;
(b) Ability: failing to act safely or within the Participant’s own ability;
(c) Conduct: The Participant’s conduct;
(d) Health: executing strenuous and demanding physical techniques; physical exertion; overexertion; stretching; dehydration; fatigue; cardiovascular workouts; rapid movements and stops; traumatic injury; sprains and fractures, spinal cord injuries, bacterial infections; rashes; and the transmission of communicable diseases, including viruses of all kinds;(e) Premises: defective, dangerous, unsafe, or irregular conditions on the basketball facilities;
(f) Sport: the sport of basketball and its inherent risks, include but are not limited to slipping, falling or colliding with the basketball court floor, or with other participants; all or any of which may lead to serious bodily injury, including but not limited to concussions and/or other serious injuries.
(g) Travel: travel to and from the Activities.
ASSUMPTION OF RISK, INDEMNITY AND RELEASE:
The Participant accepts and assumes all inherent and other risks arising out of, associated with or related to, participation in the Activities and waives any and all claims and demands that the Participant may have now or in the future against the Organization. The Participant accepts and fully assumes all such risks and possibility of personal injury, death, property damage, expense, and related loss, including loss of income, resulting from participation in the Activities and forever indemnifies and releases the Organization from any and all liability, whether or not caused or contributed to by the negligence of the Organization.
TERMS:
In consideration of the Organization allowing the Participant to participate in the Activities, the Participant:
(a) Agrees to comply with the policies, rules and regulations of the Organization, Basketball Ontario and Basketball Canada governing the Participant and the Activities;
(b) Understands that there is a fee charged for the cancellation of a programme before it starts; once a programme starts, there are no refunds; and by registering for a programme, the Participant accepts responsibility to pay all fees in full as requested by the Organization;
(c) Certifies that the Participant’s mental and physical condition is appropriate to participate in the Activities and the Participant (or the Participant’s parent/guardian, if applicable) assumes all risks related to the Participant’s mental and physical condition;
(d) Acknowledges that the Organization supports the OBA Concussion Prevention and Management Policy and agrees to abide by all the Organization’s protocols for the removal and gradual return to play of the Participant in the event of a suspected concussion.
(e) Grants to the Organization the irrevocable right and license to take and to use, for any purpose including the Corporation’s commercial purposes, without payment of any fee or charge, any photographs, video recordings, audio recordings and any other audio or visual media or recordings of the Participant taken during the Activities;
(f) Consents to the Organization contacting the Participant via email, text message or other digital messaging platform regarding the Activities, updates, new products and services and other information; and
(g) Agrees that the Organization may use and disclose the Participant’s personal information for the purpose of obtaining insurance, providing basketball services, registering with Ontario Basketball Association, and receiving communications from Basketball Ontario and Canada Basketball and any other leagues.
ACKNOWLEDGMENT:
The Participant (or Parent/Guardian) acknowledges that he or she has read and understands this Agreement, that he or she has executed this Agreement voluntarily, and that this Agreement is to be binding upon the Participant, and his or her heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legal or personal representatives. The Participant further acknowledges that by signing this Agreement the Participant has waived his or her right to commence or maintain any lawsuit against the Organization on the basis of any claims which have been released herein.
