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Épreuve
Renonciations
INFORMED CONSENT AND ASSUMPTION OF RISK AGREEMENT (To be executed by Participants under the Age of Majority and the Participant’s Parent of Guardian)
1. This is a binding legal agreement. Clarify any questions or concerns before signing. In consideration of the opportunity to participate as a Participant in the spectating, orientation, instruction, training, participation in the sport of athletics, related athletics disciplines, activities, programs, travel to and from competitive events and associated non-competitive events, including the services of and offered (the “Activities”) by the British Columbia Amateur Athletics Association , its respective, directors, officers, committee members, members, employees, coaches, volunteers, officials, participants, governing body, agents, sponsors, owners/operators of the facilities in which the Activities take place, and representatives (collectively the “Organization”) the undersigned, being the Participant and the Participant’s Parent/Guardian (collectively the “Parties”), acknowledge and agree to the following terms:
Description of Risks
2. The Parties understand and acknowledges the following risks dangers and hazards (the “Risks”) of the Activities and related disciplines which include without limitation:
a) Strenuous and demanding physical exertion, strenuous cardiovascular workouts, rapid movements, exertion and tension on various muscle groups which may cause serious injury to virtually all bones, joints, ligaments, muscles, tendons and other aspects of the Participant’s body or the Participant’s general health and well being.
b) Concussion or other related head injuries including but not limited to closed head injury or blunt head trauma.
c) Loss of or damage to equipment/property.
d) Exposure to extreme conditions and circumstances.
e) Contact with other participants, officials, administrators, spectators or other natural or man made objects, dangers arising from adverse weather conditions, imperfect field of play conditions, equipment failure or malfunction, inadequate safety measures and participants of varying skill levels.
3. 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, sickness, disease, contagion including but not limited to COVID-19, permanent disability, paralysis and loss of life.
4. 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.
5. The Parties understand that these Risks may be caused in whole or in part by the Participant’s own actions or inactions, the actions or inactions of others participating in or present during the Activities or the negligent acts or omissions of the Organization.
Terms and Attestation
6. The Parties attest, acknowledge and agree:
a) That the Participant is in good physical and mental condition to participate in the Activities.
b) The Participant will comply with the rules and regulations for participation in the Activities including those that are a condition of use of the facility or venue in which the Activities occur.
c) The Participant will comply with all rules and regulations of the Organization, Dominion of Canada, Province of British Columbia and Public Health concerning matters of health and safety and specifically as they relate to COVID the sole determination of the Organization, to comply with any such rules and regulations or related protocols, the Participant may be removed from or prevented from participating in the Activities.
d) If the Participant observes a significant hazard or risk, the Participant will remove themselves from participation in the Activities and report the hazard or risk to the attention of an Organization representative immediately.
e) That the Organization does not undertake to provide health, accident, disability, hospitalization, personal property or other insurance for the Participant.
f) When the Participant practices or trains in the Participant’s own space, the Participant is responsible for the surroundings and the location and equipment that the Participant selects.
g) That it is the Participant’s sole responsibility to assess whether any Activities are too difficult for the Participant. By the Participant commencing an Activity, the Parties acknowledge and accept the suitability and conditions of the Activity; and
h) That they are responsible for the choice of the Participant’s safety equipment, if required or recommended and the secure fitting of the safety equipment.
Release of Liability
7. The Parties hereby expressly assumes all such risks and responsibility for any damages, liabilities, losses including loss of income, expenses or related loss which they incur as a result of the Participant’s participation in the Activities.
Jurisdiction
8. The Parties agree that in the event that the Parties file a lawsuit against the Organization, the Parties agrees to do so solely in the Province of British Columbia, Canada and the Parties further agree that the substantive law of the Province of British Columbia will apply without regard to conflict of law rules.
Severability
9. The Parties further agree that if any portion of this agreement is found to be void or unenforceable the remaining sections of the document shall remain in full force and effect
Acknowledgement
10. The Parties acknowledge that they have read this Agreement and understand it, that they have executed this Agreement voluntarily and that this Agreement is to be binding upon themselves, the Participant’s heirs, spouse, parents, guardians, next of kin, executors, administrators and legal or personal representatives. The Parties further acknowledge by signing this Agreement they have waived the right to maintain a lawsuit against the Organization on the basis of any claims from which they have released herein.