***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 York Central 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 York Central 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.