1. This is a binding legal agreement. Clarify any questions or concerns before signing. As a Participant in activities, programs, classes, services provided and events sponsored or organized by Overseas Sports and Education Inc. (OSE) and its affiliated districts, leagues, clubs and teams (collectively the "Organization") and all types of sports , including but not limited to: games, tournaments, practices, camps. training, personal training, dry land training, use of strength training and fitness conditioning equipment, machines and facilities, nutritional and dietary programs, orientational or instructional sessions or lessons, aerobic and anaerobic conditioning programs (collectively the "Activities"), the undersigned being the Participant and Participant's Parent/Guardian (collectively the "Parties") acknowledges and agrees to the following terms outlined in this agreement:
2. FOR PARTICIPANTS BELOW THE AGE OF MAJORITY - I am the Parent/Guardian of the Participant and have full legal responsibility for the decisions of the Participant if the participant is under the age of majority.
Disclaimer
3. Overseas Sports and Education Inc. (OSE), its affiliated districts, leagues, clubs and teams, and their respective directors, officers, committee members, members, employees, coaches, volunteers, officials, participants, agents, independent contractors, subcontractors, sponsors, owners/operators of the facility in which the Activities take place, successors and assigns, and representatives (the "Organization") are not responsible for any injury, property damage, expense, loss of income, damage 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 of Risks
4. The Parties 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 the Participant's fitness or abilities, may give incomplete warnings or instructions, may misjudge weather or environmental conditions, and the equipment being used might malfunction; and
d) The novel coronavirus, 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; however, the Organization cannot guarantee that the Participant will not become infected with COVID-19. Further, attending the Activities could increase your risk of contracting COVID-19.
5. FOR PARTICIPANTS BELOW THE AGE OF MAJORITY - The Participant is participating voluntarily in the Activities. In consideration of that participation, the Parties hereby acknowledge that they are aware of the risks, dangers and hazards and may be exposed to such risks, dangers and hazards. The risks, dangers and hazards include, but are not limited to:
a) Contracting COVID-19 or any other contagious disease;
b) Executing strenuous and demanding physical techniques;
c) Vigorous physical exertion, strenuous cardiovascular workouts and rapid movements;
d) Exerting and stretching various muscle groups;
e) The failure to properly use any piece of equipment or from the mechanical failure of any piece of equipment;
f) Spinal cord injuries which may render the Participant permanently paralyzed;
g) Serious injury to virtually all bones, joints, ligaments, muscles, tendons and other aspects of the Participant's body or to the Participant's general health and well-being;
h) Abrasions, sprains, strains, fractures, or dislocations;
i) Privacy breaches, hacking, technology malfunction or damage;
j) Concussion or other head injuries, including but not limited to, closed head injury or blunt head trauma; k) Physical contact with other participants, spectators, equipment, and hazards;
I) Not wearing appropriate safety or protective equipment, such as a helmet;
m) Failure to act safely or within the Participant's ability or within designated areas;
n) Grass, turf, hardwood, concrete and other surfaces including bacterial infections and rashes;
o) Collisions with fences, poles, backboards, rims, stands, and basketball & soccer equipment;
p) Negligence of other persons, including other spectators, participants, or employees;
q) Weather conditions; and
r) Travel to and from competitive events and associated non-competitive events which are an integral part of the Activities.
6. FOR PARTICIPANTS ABOVE AGE OF MAJORITY - 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 which could result in damage, loss, serious physical injury, or death. The risks, dangers and hazards include, but are not limited to, injuries from:
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, 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 grass, turf or other surfaces, extreme weather conditions; travel to and from 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 use or operate the equipment within my own ability.
d) Contact: contact with balls, other equipment, poles, stands, baskets, rims, backboards, sporting equipment, nets, fences, or other persons, whether intentional or unintentional, is a common part of soccer & basketball programs, and 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 programs.
f) Ability: Failing to act safely or within my own ability or within designated areas.
g) Sport: the game of all sports and its inherent risk.
h) Cyber: privacy breaches, hacking, technology malfunction or damage.
i) Conduct: My conduct and conduct of other persons including any physical altercation between athletic 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, 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 sport programs, some of which are referred to above.
Terms
7. In consideration of the Organization allowing the Participant to participate in the Activities, the Parties agree:
a) That the Participant's mental and physical condition is appropriate to participate in the Activities;
b) That when the Participant practices or trains in his or her own space, the Parties are responsible for the Participant's surroundings and the location and equipment that is selected for the Participant;
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 the Participant observes an unusual significant hazard or risk, the Participant will remove themselves from participation and bring such to the attention of an Organization representative immediately;
f) The risks associated with the Activities are increased when the Participant is impaired and the Participant agrees not to participate if impaired in any way;
g) That it is their sole responsibility to assess whether any Activities are too difficult for the Participant. By the Participant commencing an Activity, they acknowledge and accept the suitability and conditions of the Activity;
h) That they are responsible for the choice of the Participant's protective equipment and the secure fitting of the protective equipment;
i) That COVID-19 is contagious in nature and the Participant may be exposed to or infected by COVID-19 and such exposure may result in personal injury, illness, permanent disability or death and voluntarily agree to assume all of the foregoing risks.
Release of Liability and Disclaimer
8. FOR THOSE UNDER THE AGE OF MAJORITY - In consideration of the Organization allowing the Participant to participate, the Parties agree: a) That the Parties are not relying on any oral or written statements made by the Organization or their agents, whether in brochure or advertisement or in individual conversations, to agree to be involved in the Activities; and b) That the Organization is not responsible or liable for any damage to the Participant's vehicle, property, or equipment that may occur as a result of the Activities.
9. FOR THOSE ABOVE THE AGE OF MAJORITY - In consideration of the Organization allowing me to participate in the Activities, use its equipment and facilities, 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 be involved 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, events and programs of the Organization;
f) 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, 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 warranty, breach of contract and/or breach of any statutory duty of care of the Organization;
g) TO HOLD HARMLESS AND INDEMNIFY the Organization from any and all liability for any damage, loss, expense or injury to any third party resulting from my participation in the Activities;
h) To FOREVER RELEASE AND INDEMNIFY the Organization relating to becoming exposed to or infected by COVID-19 which may result from the actions, omission or negligence of myself and others, including but not limited to the Organization;
i) 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;
j) 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; and
k) 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.
