Release of Liability, Waiver of Claims and Indemnity Agreement

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

(This waiver is to be executed by parents/guardians of Participants who are younger than 18 years old.)

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 younger than the age of majority and who wants to participate in the sport of cheerleading and the activities, programs, classes and services provided by, and/or in the events sponsored or organized by the Alberta Cheerleading Association and Renegade Cheer Inc. which may include but is not limited to: competitions, meets, practices, training, personal or strength training, dry land training, training using machines or weights, nutritional and dietary programs, orientation or instructional sessions or lessons, and aerobic and anaerobic conditioning programs (collectively the “Activities”) must have their legal parent/guardian (“the Parties”) acknowledge and agree to the terms outlined in this agreement.

2. The undersigned acknowledges and agrees that they are a parent/guardian of the Participant and have full legal responsibility for the decisions of the Participant.

I Agree

Disclaimer

3. 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

d) (COVID-19) The COVID-19 disease 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, participating in the Activities could increase the Participant’s risk of contracting COVID-19

4. 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 Parties understand that the Organization may fail to safeguard or protect the Participant 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 the Participant’s own ability

d) Contact: contact with the floor, props, 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 the Participant’s own ability or within designated areas

g) Sport: the sport of cheerleading and its inherent risks, including but not limited to flips, cartwheels, jumps, stunts

h) Cyber: privacy breaches; hacking; and technology malfunction or damage

i) Conduct: the Participant’s conduct and conduct of other persons including any physical altercation between participants

j) Travel: travel to and from the Activities

I Agree

Terms

5. In consideration of the Organization allowing the Participant to participate in the Activities, the Parties agree:

a) That when the Participant practices or trains in their own space, the Parties are responsible for the Participant’s surroundings and the location and equipment that is selected for the Participant

b) That the Participant’s mental and physical condition is appropriate to participate in the Activities and the Parties assume all risks related to the Participant’s 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 the Participant observes an unusual significant hazard or risk, the Participant will remove themselves from participation and bring their observations to a representative of the Organization immediately

f) The risks associated with the Activities are increased when the Participant is impaired and the Participant will not 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 safety or protective equipment and the secure fitting of that equipment

i) (COVID-19) 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

6. 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 participate in the Activities

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

c) That this Agreement 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

I Agree

Publicity Release

7. As a participating member of Renegade Cheer Inc. any photos, videos, and/or audio recordings taken of my child at any cheerleading practice, competition, event, or virtual training session may be used by Renegade Cheer Inc. for promotional or training purposes. These photos, videos, and/or audio recordings may be used on websites, in newspapers, on social media, in company literature, in training sessions, or in any other medium the Renegade Cheer Inc. ownership may require.

I Agree

Jurisdiction

8. The Parties agree that in the event that they file a lawsuit against the Organization, they agree to do so solely in the Province of Alberta and they further agree that the substantive law of the Province of Alberta will apply without regard to conflict of law rules.

I Agree

Acknowledgement

9. 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, their heirs, their spouses, guardians, next of kin, executors, administrators, and legal or personal representatives.

I Agree

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*

First Participant's Date of Birth*

First Participant's Signature*

Type Signature

Draw Signature

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Second Participant's Name

First Name*

Middle Name

Last Name*

Second Participant's Date of Birth*

Third Participant's Name

First Name*

Middle Name

Last Name*

Third Participant's Date of Birth*

Fourth Participant's Name

First Name*

Middle Name

Last Name*

Fourth Participant's Date of Birth*

Fifth Participant's Name

First Name*

Middle Name

Last Name*

Fifth Participant's Date of Birth*

Sixth Participant's Name

First Name*

Middle Name

Last Name*

Sixth Participant's Date of Birth*

Seventh Participant's Name

First Name*

Middle Name

Last Name*

Seventh Participant's Date of Birth*

Eighth Participant's Name

First Name*

Middle Name

Last Name*

Eighth Participant's Date of Birth*

Ninth Participant's Name

First Name*

Middle Name

Last Name*

Ninth Participant's Date of Birth*

Tenth Participant's Name

First Name*

Middle Name

Last Name*

Tenth Participant's Date of Birth*

Parent or Guardian's Email Address

Email*

Confirm Email*

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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.

By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.

Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*

Parent or Guardian's Date of Birth*

Parent or Guardian's Signature*

Type Signature

Draw Signature

Click to Sign

Electronic Signature Consent*

By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.

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