ONTARIO SOCCER RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT (Strathroy United FC)

Print ONTARIO SOCCER RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
ONTARIO SOCCER RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT (To be signed by Participants of the age of majority and over - 18 years old and older) WARNING! By signing this document, you will waive certain legal rights. Please read carefully
  1. 1. This is a binding legal agreement. Clarify any questions or concerns before signing. As a Participant in activities, programs, classes, services provided and events sponsored or organized by Ontario Soccer and its affiliated districts, leagues, clubs and teams and the sport of soccer, including but not limited to: games, tournaments, practices, training, personal training, dry land training, use of strength training and fitness conditioning equipment, machines and facilities, nutritional and dietary programs, orientationally or instructional sessions or lessons, aerobic and anaerobic conditioning programs (collectively the “Activities”), the undersigned acknowledges and agrees to the following terms outlined in this agreement:

    Disclaimer

    2. Ontario Soccer, its affiliated districts, leagues, clubs and teams, and their respective directors, officers, committee members, members, employees, coaches, volunteers, officials, participants, agents, independent contractors, subcontractors, sponsors, owners/operators of the facility in which the Activities take place, , successors and assigns, and representatives (the “Organization”) are not responsible for any injury, property damage, expense, loss of income, damage 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.
  2. Description 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 weather or environmental conditions, may
    give incomplete warnings or instructions, and the equipment being used might malfunction; and
    d) The novel coronavirus, 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; however, the Organization cannot
    guarantee that the Participant will not become infected with COVID-19. Further, attending the
    Activities could increase your 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 which could result in damage, loss, serious physical injury, or death. The risks, dangers and
    hazards include, but are not limited to, injuries from:
    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, 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 grass, turf
    or other surfaces, extreme weather conditions; travel to and from 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 use or operate the
    equipment within my own ability.
    d) Contact: contact with soccer balls, other equipment, poles, stands, soccer equipment, nets,
    fences, or other persons, whether intentional or unintentional, is a common part of soccer
    programs, and 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 soccer programs
    f) Ability: Failing to act safely or within my own ability or within designated areas
    g) Sport: the game of soccer and its inherent risks
    h) Conduct: My conduct and conduct of other persons including any physical altercation between
    soccer participants
    i) Travel: Travel to and from the Activities
    j) Negligence: My negligence and negligence of other persons, including NEGLIGENCE ON the
    PART OF THE ORGANIZATION, may increase the risk of damage, loss, personal injury or death.
    I understand that the Organization may fail to safeguard or protect me from the risks, dangers
    and hazards of soccer programs, some of which are referred to above.

    Terms
    5. In consideration of the Organization allowing me to participate in the Activities, I agree:
    a) That my mental and physical condition is appropriate to participate in the Activities and I assume
    all risks related to my mental or physical condition;
    b) That when I practice or train in my own space, I am responsible for my surroundings and the
    location and equipment that I select;
    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 such to the attention of a The Organization representative immediately;
    f) The risks associated with the Activities are increased when I am impaired, and I agree 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 protective equipment and the secure fitting of that
    equipment; and
    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 and voluntarily agree
    to assume all the foregoing risks. 
  3. Release of Liability and Disclaimer

    6. In consideration of the Organization allowing me to participate in the Activities, use its equipment and facilities, 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 be involved 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, events and programs of the Organization;
    f) To FOREVER RELEASE AND INDEMNIFY 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 warranty, breach of contract and/or breach of any statutory duty of care
    of the Organization;
    g) TO HOLD HARMLESS AND INDEMNIFY the Organization from any and all liability for any damage,
    loss, expense or injury to any third party resulting from my participation in the Activities.
    h) To FOREVER RELEASE AND INDEMNIFY the Organization relating to becoming exposed to or
    infected by COVID-19 which may result from the actions, omission or negligence of myself and
    others, including but not limited to the Organization;
    i) 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;
    j) 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; and
    k) 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 agree to do so solely in the
    province of Ontario, Canada and further agree that the substantive law of Ontario will apply without
    regard to conflict of law rules. I further agree that if any portion of this agreement is found to be void
    or unenforceable, the remaining document shall remain in full force and effect.
  4. 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, parents,
    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.

    9. I acknowledge that I have read this agreement and understand it, that I have executed this agreement voluntarily, and that this agreement is to be binding upon myself, my heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legal or personal representatives. 
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Printed from strathroysoccer.com on Sunday, June 4, 2023 at 5:38 PM