Forest Curling & Social Club RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT of all Members, Non-Members, Learn to Curl, School Rentals/Programs and Rental Participants
Warning! Please read carefully. By signing this document, you will waive certain legal rights including the right to sue. This is a binding legal agreement. Clarify any questions or concerns before signing as a participant in the sport of curling and the activities, programs, classes, services provided and events in the Forest Curling and Social Club (FCC).
Disclaimer
- Forest Curling and Social Club (FCC) 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 within or on the club property.
Description and Acknowledgement of Risks
- I understand and acknowledge that:
- 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 and or head injuries, permanent disability, paralysis and loss of life. The sport curling is played on a sheet of ice, which is slippery, hard and dangerous;
- A pertinent risk to participating in the sport of curling is the risk of suffering serious head injury should I fall, trip, or stumble onto the ground or ice. It is mandatory to wear head protection for the FCC Little Rocker Program, School Rental/Program, and Non member rentals. It is highly recommended for the FCC junior program/Members/experienced curlers and members of another club to wear head protection at all times when participating in the sport of curling. Please reference Health Canada's Helmet Safety Document for guidance on helmet usage here: https://www.canada.ca/content/dam/hc-sc/documents/services/injury-prevention/helmet-safety/helmet-safety.pdf ;
- 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.
- 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. The risks, dangers and hazards include, but are not limited to:
- 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, allergic reactions, rashes, and the transmission of communicable diseases, including viruses of all kinds, bacteria parasites, or other organisms or any mutation thereof;
- Premises: defective, dangerous or unsafe condition of the facilities; falls; collisions with objects, walls, equipment or persons; dangerous, unsafe or irregular conditions on floors, ice or other surfaces, extreme weather conditions; travel to and from premises;
- Use of Equipment: mechanical failure of 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;
- Contact: contact with brooms, brushes or curling stones, other equipment, vehicles, or other persons, and may lead to serious bodily injury, including but not limited to concussions and/or other brain injury, or serious spinal injury;
- Advice: negligent advice regarding the Activities;
- Ability: Failing to act safely or within my own ability or within designated areas;
- Sport: the game of curling and its inherent risks, including but not limited to, running, sliding or slipping on the ice surface, delivering the curling stone, skipping or sweeping, stepping onto the ice surface from the walkway or onto the walkway from the ice surface, or stepping over dividers and or rocks that divide one sheet of ice from the next;
- Cyber: privacy breaches, hacking, technology malfunction or damage;
- Conduct: My conduct and conduct of other persons including any physical/mental/verbal altercation between participants;
- Travel: Travel to and from the Activities;
- 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 curling programs, some of which are referred to above.
Release of Liability and Disclaimer
- In consideration of the Organization allowing me to participate, I agree:
- That the sole responsibility for my safety remains with me;
- To ASSUME all risks arising out of, associated with or related to my participation;
- 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;
- To WAIVE any and all claims that I may have now or in the future against the Organization;
- 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;
- 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, judgements, and costs (including legal fees) (collectively, the "Claims") which I have or may have in the future, that may 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 statuatory duty of care of the Organization;
- 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;
- That the 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;
- This release, waiver and indemnity is intended to be as broad and inclusive as is permitted by the law of Ontario and if any portion thereof is invalid, the balance shall, notwithstanding, continue in the full legal force and effect.
CONSENT FOR USE OF PERSONAL INFORMATION: The participant (and the Participant's parent/guardian, if applicable) authorizes the Organization to collect and use personal information about the Participant for the purposes described in the Organizations' policies for privacy.
CONSENT FOR PHOTO RELEASE: The Participant (and the Participant's parent/guardian, if applicable) authorizes the Organization to collect and use Photos of the Participant for the purposes of event promotions.