Duncan Curling
Club – Participant Assumption of Risk, Waiver, and Indemnity
By
completing this legal document you will waive certain legal rights, including
the right to sue. This is a binding
legal document that represents an agreement between you and the Duncan Curling
Club (the “Club”). Please read carefully
before completing and returning to the Club.
In
consideration of the Club permitting the Participant and/or Minor Participant to
participate in its activities and sports, and using its premises and equipment,
the Participant hereby agrees as follows:
1.
ACKNOWLEDGEMENTS AND ASSUMPTION OF RISK
I, the Participant, or the Parent or Guardian of a Minor
Participant, as the sndwhich exposes its participants to many inherent risks,
dangers and hazards. By engaging in the
activity of curling the Participant freely accepts and fully assumes for them
self, and for the Minor Participant listed below if applicable, all risks,
dangers and hazards associated with their use and the Minor Participant’s use
of the Club, its activities, premises and equipment. Without limiting the generality of the
foregoing, such acknowledgment and assumption of risks includes the following
specific risks:
= Risk of personal injury
= Risk of loss of life
= Risk of loss of or damage to personal property
= Risk of economic damage
= Risk of contracting and spreading disease (such as, but
not limited to, COVID 19)
2. WAIVER, RELEASE
AND INDEMNITY
The Participant,
or the legal guardian or parent of the Minor Participant, as the case may be, hereby
waives to the full extent permitted by law, any and all rights they may have to
make a claim against the Club, and its Directors, Officers, committee members,
members, employees, coaches, volunteers, officials, participants, agents,
sponsors, and its owners and operators (“ collectively the “Organization”),
howsoever arising now or in the future, in relation to their or the Minor
Participant’s use of the Club, its activities, equipment and its premises. The Participant hereby agree to release, hold
harmless and indemnify the Club and the Organization from/in relation to any and
all liability, loss, damage, injury or expense that the Participant or Minor
Participant or their next of kin may suffer in relation to any and all such
claims. For greater certainty, and
without limitation, such waiver, release and indemnity shall, to the extent
permitted by law, apply to claims for negligence, breach of contract, and
breach of statutory duty of care, breach of occupier’s liability legislation,
and any and all claims that may relate to the infection by or spread of COVID-19.
The Participant further
agrees to assume liability and indemnify and hold harmless the Club and the
Organization for any and all loss, damages and injuries and expenses which they
or the minor Participant may cause, wholly or in part, to the Club, its equipment
and premises and any third party during their, or the Minor Participant’s use
of the Club its premises or equipment. The Participant also understands and
agrees that the Club will not be held responsible for any property, personal or
otherwise, left on or removed from Club premises.
3.
PARTICIPANT AGREEMENT TO COMPLIANCE – INCLUDING COVID 19 RISK ACCEPTANCE AND MANAGEMENT
The novel corona virus, COVID 19, has been
declared a worldwide pandemic by the World Health Organization and COVID 19 is
extremely contagious. The Club has put
in place preventative measures to control and reduce the spread if COVID-19;
however the Participant understands that the Club cannot and does not guarantee
that the Participant or the Minor Participant will not become infected with
COVID-19. Further, participating in any
group activity and sports may significantly increase the risk of the Participant
or Minor Participant contracting COVID-19 and such exposure may result in
temporary or permanent personal injury, illness, disability or death. The Participant by completing this agreement
freely and voluntarily agrees to assume all of the foregoing risks on his or
her behalf and on behalf of the Minor Participant.
As a Participant,
or as the parent or guardian of a Minor Participant, as the case may be, the
Participant hereby agrees to abide by and cause the Minor Participant to abide
by, each and every rule, requirement and protocol of the Club, as such are
advised to Participants from time to time, including, without limitation, all
rules, requirements and protocols that have been or in the future may be
established to eliminate or reduce the spread of COVID-19. The Participant specifically acknowledges the
special and significant risks that might be created should they fail to observe
the strict rules, requirements and protocols of the Club established from time
to time including those to reduce the risk of spread of COVID 19 and including
the Club’s Declaration of Compliance- COVID 19.
The Participant hereby consents to the use of their personal information
and the personal information of the Participant Minor as the Club deems
reasonably necessary to reduce the risk of spread of COVID 19 and for the
specific purpose of contact tracing. The
Participant acknowledges and agrees that any failure of the Participant or
Minor Participant to comply with the rules, requirements or protocols is
grounds for immediate suspension or termination of the Participant’s or the
Minor Participant’s use of the Club.
4. ACCURACY AND USE OF INFORMATION: The
Participant hereby consents to the use of their name and phone number for
publication in the Duncan Curling Club membership directory and / or website.
This information is intended for the sole use of Duncan Curling Club members.
The Participant hereby confirms that the
information they have entered on this form is correct and true. They understand
that if they have intentionally entered false information in this form to
receive discounts that do not apply to them there will be a $50 administration
charge on top of the outstanding membership dues owed.
5. LEGALLY BINDING
The Participant agrees that this
Assumption of Risk, Waiver and Indemnity is intended to be legally binding and as
broad and inclusive as is permitted by the law of the Province of British
Columbia, and to be governed by the law of British Columbia, and if any portion
hereof is held to be invalid, the balance shall, notwithstanding, continue in
full legal force and effect.
By
executing this agreement, or by completing the Participant and Minor
Participant information and returning the document electronically to the Club,
the Participant certifies that they have read, understand, agree
to be bound by this Assumption of Risk, Waiver, and
Indemnity.
EXECUTED,
ACNOWLEDGED AND AGREED AS OF THE DATE BELOW:
PARTICIPANT _____________________
MINOR
PARTICIPANT _____________________
PARENT/GUARDIAN
_____________________
DATE____________________
