***This registration fee is non refundable***
CANADIAN
BALL HOCKEY ASSOCIATION/ONTARIO BALL HOCKEY FEDERATION : RELEASE OF
LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
(To be executed by Participants who are the Age of Majority and older)
WARNING! Please read carefully! By signing this document, you will waive certain legal rights – including the right to sue
1.
This is a binding legal agreement. Clarify any questions or concerns
before signing. Prior to participating, an individual who is the age of
majority or older and who wants to participate in the sport of ball
hockey and the activities, programs, classes and services provided by,
and/or in the events sponsored or organized by the Canadian Ball Hockey
Association, Ontario Ball Hockey Federation, and the Greater Toronto
Ball Hockey League which may include but is not limited to:
competitions, tournaments, practices, training, personal or strength
training, dry land training, training using machines or weights,
nutritional and dietary programs, orientational or instructional
sessions or lessons, and aerobic and anaerobic conditioning programs
(collectively the “Activities”) must acknowledge and agree to the terms
outlined in this agreement.
Disclaimer
2. The Canadian
Ball Hockey Association, the Ontario Ball Hockey Federation, the Greater
Toronto Ball Hockey League, and their respective Directors, Officers,
committee members, members, employees, coaches, volunteers, officials,
participants, agents, sponsors, owners/operators of the facilities in
which the Activities take place, and representatives (collectively the
“Organization”) are not responsible for any injury, personal injury,
damage, property damage, expense, loss of income or loss of any kind
suffered by a Participant during, or as a result of, the Activities,
caused in any manner whatsoever including, but not limited to, the
negligence of the Organization.
Description and Acknowledgement of Risks
3. I understand and acknowledge that
a)
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, paralysis and loss of life
b)
The Organization may offer or promote online programming (such as
webinars, remote conferences, workshops, and online training) which have
different foreseeable and unforeseeable risks than in-person
programming
c) The Organization has a difficult task to ensure
safety and it is not infallible. The Organization may be unaware of my
fitness or abilities, may misjudge conditions, may give incomplete
warnings or instructions, and the equipment being used might malfunction
d) The COVID-19 disease has been declared a worldwide pandemic by
the World Health Organization and is extremely contagious. The
Organization has put in place preventative measures to reduce the spread
of COVID-19; however, the Organization cannot guarantee that I will not
become infected with COVID-19. Further, participating in the Activities
could increase my risk of contracting COVID-19
4. I am
participating voluntarily in the Activities. In consideration of my
participation, I hereby acknowledge that I am aware of the risks,
dangers and hazards associated with or related to the Activities. I
understand that the Organization may fail to safeguard or protect me
from the risks, dangers and hazards of the Activities, some of which are
listed below. The risks, dangers and hazards include, but are not
limited to:
a) Health: executing strenuous and demanding physical
techniques; physical exertion; overexertion; stretching; dehydration;
fatigue; cardiovascular workouts; rapid movements and stops; lack of
fitness or conditioning; traumatic injury; sprains and fractures, spinal
cord injuries, bacterial infections; rashes; and the transmission of
communicable diseases, including viruses of all kinds, COVID-19,
bacteria, parasites or other organisms or any mutation thereof
b)
Premises: defective, dangerous or unsafe condition of the facilities;
falls; collisions with objects, walls, equipment or persons; dangerous,
unsafe, or irregular conditions on floors or other surfaces; and travel
to and from the premises
c) Use of equipment: mechanical failure of
the equipment; negligent design or manufacture of the equipment; the
provision of or the failure by the Organization to provide any warnings,
directions, instructions or guidance as to the use of the equipment;
failure to wear safety or protective equipment; and failure to use or
operate equipment within my own ability
d) Contact: contact with
plexiglass, stands, bleachers, goalposts, other equipment, vehicles, or
other persons; and other contact that may lead to serious bodily injury,
including but not limited to concussions and/or other brain injury or
serious spinal injury
e) Advice: negligent advice regarding the Activities
f) Ability: failing to act safely or within my own ability or within designated areas
g)
Sport: the sport of ball hockey and its inherent risks, including but
not limited to checking, tripping, high-sticking, hooking, holding,
interference, punching, slashing or any other physical contact by
participants, objects or equipment
h) Cyber: privacy breaches; hacking; and technology malfunction or damage
i) Conduct: my conduct and conduct of other persons including any physical altercation between participants
j) Travel: travel to and from the Activities
k)
Negligence: my negligence and negligence of other persons, including
NEGLIGENCE ON THE PART OF THE ORGANIZATION, which may increase the risk
of damage, loss, personal injury or death
Terms
5. In consideration of the Organization allowing me to participate in the Activities, I agree:
a)
That when I practice or train in my own space, I am responsible for my
surroundings and the location and equipment that I select
b) That my
mental and physical condition is appropriate to participate in the
Activities and I assume all risks related to my mental and physical
condition
c) To comply with the rules and regulations for participation in the Activities
d) To comply with the rules of the facility or equipment
e)
That if I observe an unusual significant hazard or risk, I will remove
myself from participation and bring my observations to a representative
of the Organization immediately
f) The risks associated with the
Activities are increased when I am impaired and I will not to
participate if impaired in any way
g) That it is my sole
responsibility to assess whether any Activities are too difficult for
me. By commencing an Activity, I acknowledge and accept the suitability
and conditions of the Activity
h) That I am responsible for my choice of safety or protective equipment and the secure fitting of that equipment
i)
That COVID-19 is contagious in nature and I may be exposed to, or
infected by, COVID-19 and such exposure may result in personal injury,
illness, permanent disability, or death
Release of Liability and Disclaimer
6. In consideration of the Organization allowing me to participate, I agree:
a) That the sole responsibility for my safety remains with me
b) To ASSUME all risks arising out of, associated with or related to my participation
c)
That I am not relying on any oral or written statements made by the
Organization or its agents, whether in a brochure or advertisement or in
individual conversations, to agree to participate in the Activities
d) To WAIVE any and all claims that I may have now or in the future against the Organization
e)
To freely ACCEPT AND FULLY ASSUME all such risks and possibility of
personal injury, death, property damage, expense and related loss,
including loss of income, resulting from my participation in the
Activities
f) To FOREVER RELEASE the Organization from any and all
liability for any and all claims, demands, actions, damages (including
direct, indirect, special and/or consequential), losses, actions,
judgments, and costs (including legal fees) (collectively, the “Claims”)
which I have or may have in the future, that might arise out of, result
from, or relate to my participation in the Activities, even though such
Claims may have been caused by any manner whatsoever, including but not
limited to, the negligence, gross negligence, negligent rescue,
omissions, carelessness, breach of contract and/or breach of any
statutory duty of care of the Organization
g) To FOREVER RELEASE AND
INDEMNIFY the Organization from any action related to my becoming
exposed to or infected by COVID-19 as a result of, or from, any action,
omission or negligence of myself or others, including but not limited to
the Organization
h) That the Organization is not responsible or
liable for any damage to my vehicle, property, or equipment that may
occur as a result of the Activities
i) That negligence includes
failure on the part of the Organization to take reasonable steps to
safeguard or protect me from the risks, dangers and hazards associated
with the Activities
j) This release, waiver and indemnity is
intended to be as broad and inclusive as is permitted by law of the
Province of Ontario and if any portion thereof is held invalid, the
balance shall, notwithstanding, continue in full legal force and effect
Jurisdiction
7.
I agree that in the event that I file a lawsuit against the
Organization, I will do so solely in the Province of Ontario and further
agree that the substantive law of the Province of Ontario will apply
without regard to conflict of law rules.
Acknowledgement
8.
I acknowledge that I have read and understand this agreement, that I
have executed this agreement voluntarily, and that this agreement is to
be binding upon myself, my heirs, spouse, children, guardians, next of
kin, executors, administrators and legal or personal representatives. I
further acknowledge by signing this agreement I have waived my right to
maintain a lawsuit against the Organization on the basis of any claims
from which I have released herein.
DECLARATION OF COMPLIANCE – COVID-19
WARNING! ALL INDIVIDUALS ENTERING THE FACILITY AND/OR PARTICIPATING IN SANCTIONED ACTIVITIES MUST COMPLY WITH THIS DECLARATION
The
Canadian Ball Hockey Association, its provincial members and affiliated
leagues (collectively the “Organization”) require the disclosure of
exposure or illness is in order to safeguard the health and safety of
all participants and limit the further spread of COVID-19. This
Declaration of Compliance will be kept safely, and personal information
will not be disclosed unless as required by law or with your consent.
An
individual who is unable to agree to the terms outlined in this
document is not permitted to enter the Organization’s facilities or
participate in the Organization’s activities, programs, or services.
I, the undersigned being the individual named above hereby acknowledge and agree to the terms outlined in this document:
1)
The corona virus disease COVID-19 has been declared a worldwide
pandemic by the World Health Organization and COVID-19 is extremely
contagious. The Organization has put in place preventative measures to
reduce the spread of COVID-19 and requires all individuals (or their
parent/guardian, when applicable) to adhere to the compliance standards
described in this document.
2) The individual has not been
diagnosed with COVID-19. OR If the individual was diagnosed with
COVID-19, the individual was cleared as noncontiguous by provincial or
local public health authorities.
3) If the individual is a
front-line worker (such as hospital staff, long term care staff, or
other individual who interacts with individuals who have confirmed or
suspected cases of COVID-19), the individual has worn proper and
approved Personal Protective Equipment at all times whenever they
interacted with an individual who has a confirmed or suspected case of
COVID-19 in the last 14 days.
4) If the individual is not a
front-line worker, they have not been exposed to a person with a
confirmed or suspected case of COVID-19 in the last 14 days.
5)
The individual is attending or participating voluntarily and understands
the risks associated with COVID-19. The individual agrees to assume
those risks, including but not limited to exposure and being infected.
6)
The individual has not, nor has anyone in the individual’s household,
experienced any signs or symptoms of COVID-19 in the last 14 days
(including fever, new or worsening cough, fatigue, chills and body
aches, respiratory illness, difficulty breathing, nausea, vomiting or
diarrhea, pink eye, or loss of taste or smell).
7) If the
individual experiences, or if anyone in the individual’s household
experiences, any signs or symptoms of COVID-19 after submitting this
Declaration of Compliance, the individual will immediately isolate,
notify the Organization, and not attend any of the Organization’s
facilities, activities, programs or services until at least 14 days have
passed since those symptoms were last experienced.
8) The
individual has not, nor has any member of the individual’s household,
travelled to or had a lay-over in any country outside Canada, or in any
province/territory outside of the individual’s place of residence in the
past 14 days. If the individual travels, or if anyone in the
individual’s household travels, outside of the individual’s place of
residence after submitting this Declaration of Compliance, the
individual will not attend any of the Organization’s facilities,
activities, programs or services until at least 14 days have passed
since the date of return.
9) The individual is following
recommended guidelines, including but not limited to, practicing
physical distancing, trying to maintain separation of six feet from
others, adhering to recognized hygiene best practices, and otherwise
limiting exposure to COVID-19.
10) The individual will follow the safety, physical distancing and hygiene protocols of the Organization.
11)
The individual will bring their own personal items and personal
equipment (such as water bottles, bags, towels, etc.) at their
discretion and will not share their personal items or equipment with
other individuals.
12) This document will remain in effect until
the Organization, per the direction of the provincial government and
provincial health officials, determines that the acknowledgements in
this Declaration of Compliance are no longer required.
13) The
Organization may remove the individual from the facility or from
participation in the activities, programs or services of the
Organization at any time and for any reason if the Organization
believes, in its sole discretion, that the individual is no longer in
compliance with any of the standards described in this document.