ACKNOWLEDGEMENT OF RISK AND RELEASE OF LIABILITY (For Adults)

For Participants Under the Age of Majority in the Province or Territory in which the Athletic Activities are Provided by the Organization

 

WARNING: THIS AGREEMENT WILL AFFECT YOUR LEGAL RIGHTS.

PLEASE READ IT CAREFULLY!

 

The Parent/Guardian Must Read and Understand this Waiver Prior to the Minor Participating in Athletic Activities

 

The following waiver of all claims, release from all liability, assumption of all risks, and other terms of this agreement are entered into by me on behalf of the Minor Participant (the “Minor”) with and for the benefit of: their directors, officers, employees, volunteers, business operators, agents and site property owners or Occupiers (the Organization”). Occupiers is defined in accordance with the definition of Occupiers contained in the Occupiers Liability legislation applicable to the Province or Territory in which the Athletic Activities are provided by the Organization.

 

  1. I am the Parent/Guardian of the Minor and am executing this waiver on behalf of the Minor in my capacity as Parent/Guardian and with the intent that this waiver be binding on me and the Minor for all legal purposes.
     

  2. I am aware that there are inherent and significant risks (“Risks”) associated with the participation in Athletic Activities. I am aware that those Risks include, but are not limited to, the potential for serious personal injury caused by any event or any condition of the facility or equipment where Athletic Activities are provided by the Organization, and health risks such as transient lightheadedness, fainting, abnormal blood pressure, chest discomfort, muscle cramps or soreness, and nausea. I understand the Risks are relative to the Minor’s state of fitness and health (physical, mental and emotional), and to the awareness, care and skill with which the Minor conducts him or herself while participating in Athletic Activities.
     

  3. I freely accept and fully assume all responsibility for all Risks and possibilities of personal injury, death, property damage or loss resulting from my participation in Athletic Activities. I agree that although the Organization has taken steps to reduce the Risks and increase safety of the Athletic Activities, it is not possible for the Organization to make the Athletic Activities completely safe. I accept these Risks and agree to the terms of the waiver, even if the Organization is found to be negligent or in breach of any duty of care or any obligation to me in my participation in Athletic Activities.
     

  4. I acknowledge on behalf of the Minor the Minor’s obligation to immediately inform the nearest employee of the Organization if the Minor feels any pain, discomfort, fatigue or other symptoms that he or she may suffer during and immediately after his or her participation in Athletic Activities. I understand the Minor may stop participation at any time, and may be requested to stop by an employee of the Organization who observes any symptoms of distress or abnormal response.
     

  5. Athletic Activities include but are not limited to contact and non-contact sports, fitness activities, personal training instruction and activities, use of facilities, and fitness programs and services provided to the Participant by the Organization.
     

  6. In addition to consideration given to the Organization for the Minor’s participation in Athletic Activities, I and my heirs, next of kin, executors, administrators and assigns, as well as the Minor and his or her heirs, next of kin, executors, administrator and assigns (collectively our “Legal Representatives”) agree:
     

  7. a. To waive all claims that I or the Minor have or may have in the future against the Organization; to release and forever discharge the Organization from all liability for all personal injury, death, property damage, or loss resulting from the Minor’s participation in the Fitness Activities due to any cause, including but not limited to negligence (failure to use such care as a reasonably prudent and careful person would use under similar circumstances), breach of any duty imposed by law, breach of contract or mistake or error of judgment of the Organization; and

    b. To be liable for and to hold harmless and indemnify the Organization from all actions, proceedings, claims, damages, costs demands including court costs and costs on a solicitor and own client basis, and liabilities of whatsoever nature or kind arising out of or in any way connected with the Minor’s participation in Athletic Activities.

    c. I agree that this waiver and all terms contained within are governed exclusively by the laws of the Province or Territory of Canada in which the Athletics Activities are provided to me by the Organization. I hereby irrevocably submit to the exclusive jurisdiction of the courts of that Province or Territory. Any litigation to enforce this waiver must be instituted in the Province or Territory in which the Athletic Activities are provided by the Organization.
     

  8. I confirm that I have had sufficient time to read and understand each term in this waiver in its entirety, and have agreed to the terms freely and voluntarily. I understand that this waiver is binding on me as Parent/Guardian, the Minor and our Legal Representatives.

ACKNOWLEDGEMENT OF RISK AND RELEASE OF LIABILITY (For Minors)

For Participants Over the Age of Majority in the Province or Territory in which the Athletic Activities are Provided by the Organization 
 
WARNING: THIS AGREEMENT WILL AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY! 
 
Every Person Read and Understand this Waiver Before Participating in Athletic Activities. 
 

The following waiver of all claims, release from all liability, assumption of all risks, and other terms of this agreement are entered into by me (the “Participant) with and for the benefit of: their directors, officers, employees, volunteers, business operators, agents and site property owners or Occupiers (the “Organization”). Occupiers is defined in accordance with the definition of Occupiers contained in the Occupiers Liability legislation applicable to the Province or Territory in which the Athletic Activities are provided by the Organization. 
 
“Athletic Activities” include but are not limited to contact and non-contact sports, fitness activities, personal training instruction and activities, use of facilities, and fitness programs and services provided to the Participant by the Organization. 
 
1.    I am aware that there are inherent and significant risks (“Risks”) associated with the participation in Athletic Activities. I am aware that those Risks include, but are not limited to, the potential for serious personal injury caused by any event or any condition of the facility or equipment where Athletic Activities are provided by the Organization, and health risks such as transient lightheadedness, fainting, abnormal blood pressure, chest discomfort, muscle cramps or soreness, and nausea. I understand the Risks are relative to my own state of fitness and health (physical, mental and emotional), and to the awareness, care and skill with which I conduct myself while participating in Athletic Activities. 
 
2.    I freely accept and fully assume all responsibility for all Risks and possibilities of personal injury, death, property damage or loss resulting from my participation in Athletic Activities. I agree that although the Organization has taken steps to reduce the Risks and increase safety of the Athletic Activities, it is not possible for the Organization to make the Athletic Activities completely safe. I accept these Risks and agree to the terms of the waiver, even if the Organization is found to be negligent or in breach of any duty of care or any obligation to me in my participation in Athletic Activities. 
 
3.    I acknowledge my obligation to immediately inform the nearest employee of the Organization if I feel any pain, discomfort, fatigue or other symptoms that I may suffer during and immediately after my participation in Athletic Activities. I understand I may stop participation at any time, and I may be requested to stop by an employee or volunteer of the Organization who observes any symptoms of distress or abnormal response. 
 
4.    I confirm that I have reached the age of majority in the province or territory in which I am participating in Athletic Activities. 

5.    In addition to consideration given to the Organization for my participation in Athletic Activities, I and my heirs, next of kin, executors, administrators and assigns (collectively my “Legal Representatives”) agree: 
 
a.    To waive all claims that I have or may have in the future against the Organization; to release and forever discharge the Organization from all liability for all personal injury, death, property damage, or loss resulting from my participation in the Fitness Activities due to any cause, including but not limited to negligence (failure to use such care as a reasonably prudent and careful person would use under similar circumstances), breach of any duty imposed by law, breach of contract or mistake or error of judgment of the Organization; and 
 
b.    To be liable for and to hold harmless and indemnify the Organization from all actions, proceedings, claims, damages, costs demands including court costs and costs on a solicitor and own client basis, and liabilities of whatsoever nature or kind arising out of or in any way connected with my participation in Athletic Activities. 
 
c.    I agree that this waiver and all terms contained within are governed exclusively by the laws of the Province or Territory of Canada in which the Athletics Activities are provided to me by the Organization. I hereby irrevocably submit to the exclusive jurisdiction of the courts of that Province or Territory. Any litigation to enforce this waiver must be instituted in the Province or Territory in which the Athletic Activities are provided by the Organization. 
 
6.  I confirm that I have had sufficient time to read and understand each term in this waiver in its entirety, and have agreed to the terms freely and voluntarily. I understand that this waiver is binding on me and my Legal Representatives. 

ASSUMPTION OF THE RISK AND WAIVER OF LIABILITY RELATING TO COVID-19 AND HEALTH DECLARATION

***PLEASE READ CAREFULLY***

ASSUMPTION OF THE RISK AND WAIVER OF LIABILITY RELATING TO COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.

Niagara Taekwondo (“the Club”) has put in place preventative measures to reduce the spread of COVID-19; however, the Club cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending the Club could increase your risk and your child(ren)’s risk of contracting COVID-19.

By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending the Club and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Club may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Club employees, volunteers, and program participants and their families.

I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at the Club or participation in Club programming (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless the Club, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Club, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Club program.

THE HEALTH DECLARATION FOR THE COVID-19

I hereby declare that I or anyone in my household has not experienced any cold or flu-like symptoms in the last 14 days (to include fever, cough, sore throat, respiratory illness, difficulty breathing). If I or anyone in my household experience any cold or flu-like symptoms after submitting this form, I or my child(ren) will then not visit Niagara Taekwondo (“the Club”) for a minimum period of 14 days after the cold or flu-like symptoms have completely gone away.

I hereby declare that I or any member of my household have not traveled to or had a lay-over in any country outside Canada in the past 14 days. If I or anyone in my household travel to any country outside Canada after submitting this form, I  or my child(ren) will then not visit the Club for a minimum period of 14 days after the date of return to Canada.

I hereby declare that I or any member of my household have not provided care or had close contact with any person with COVID-19 or with any person reasonably suspected of having COVID-19 or with any person who traveled outside of Canada in the last 14 days or with any person who traveled in an area under a travel health advisory in the last 14 days. If I or anyone in my household provided care or had close contact with any person with COVID-19 or with any person reasonably suspected of having COVID-19 or with any person who traveled outside of Canada or with any person who traveled in an area under a travel health advisory after submitting this form, I  or my child(ren) will then not visit the Club for a minimum period of 14 days after the last date of contact with the suspected person.