Acknowledgment of Risk, Consent & Release for Athletes
IMPORTANT NOTICE: BY ACCEPTING THIS FORM YOU ARE ACCEPTING RISKS AND AGREEING TO GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT. DO NOT SUBMIT THIS FORM UNTIL YOU HAVE READ IT, COMPLETELY UNDERSTAND IT, AND AGREE TO ALL OF ITS TERMS.
FOR PARENTS OF MINOR PARTICIPANTS:
I/We, the undersigned parents/legal guardians of the minor participant (the “Athlete”) who will be participating in a program (the “Program”) provided by Elite Camps Cares and/or operated by Elite Camps Ltd. at any facilities authorized by Elite Camps Cares and/or Elite Camps Ltd., hereby acknowledge that I/we understand that we have been offered to have the Athlete participate in the Program provided by Elite Camps Cares and/or Elite Camps Ltd.
FOR ADULT PARTICIPANTS:
I hereby acknowledge that I understand that I have been offered an opportunity to participate in a program (the “Program”) provided by Elite Camps Cares and/or Elite Camps Ltd. at any facilities authorized by Elite Camps Cares and/or Elite Camps Ltd.
I/We understand that in this Form, “the Camp” includes Elite Camps Cares, Elite Basketball Media Inc., Elite Camps Ltd., its employees, officers, directors, partners, mandataries, representatives, agents, servants, subsidiaries, shareholders, parent or affiliate corporations, successors, assigns, and any volunteers. I/We also understand that the participation in the Program involves the Athlete’s use of facilities and equipment at the Program and the Athlete’s participation in the activities offered at the Program.
ACTIVITIES: The Program may include, but is not necessarily limited to: Playing basketball; low and high-energy recreational activities
RISKS: Participating in the Program involves a risk of injury or death and/or damage to or loss of property. Athletes and/or the Athlete’s parents/legal guardians must assume these risks. All of the risks cannot be listed on this Form, but may generally include the following:
- Minor or serious bodily injury.
- An impairment of the Athlete’s future ability to study, work and earn a living; to engage in other business, social, personal, intimate and recreational activities; and generally to enjoy life.
- Other risks may include the possible conduct of other athletes participating in the Program, whether it is negligent or intentional; and the contraction of a contagious illness or communicable disease.
- Participating in the Program may lead to additional risks not described above.
CONSENT: I/We acknowledge that I/we understand the RISKS involved. I/We consent to the Athlete’s participation with the knowledge of the RISKS involved.
ACCEPTANCE OF RISK: I/We accept any and all inherent RISKS, including the risk of injury or death and/or damage to or loss of property associated with my/our and the Athlete’s participation in the Program.
WAIVER, AGREEMENT NOT TO SUE AND INDEMNITY: In exchange for my own or the Athlete’s participation in the Program, I/we AGREE TO THE FOLLOWING:
- To waive any and all liability, of any kind, against the Camp;
- That I/we will not commence or participate in any type of claim or lawsuit against the Camp;
- That I/we will completely defend, indemnify and hold harmless the Camp from any claims or lawsuits against the Camp, by any person or corporation, including claims or lawsuits commenced in a personal capacity or by any legal person as a representative of me/us or the Athlete.
EXPULSION: I/We agree that any violation of the rules of the Camp or the Program by the Athlete or any behaviour or health status that puts the Athlete or others at physical or emotional risk will result in immediate dismissal from the Camp at the discretion of the Camp management.
JURISDICTION, APPLICABLE LAW AND CLASS ACTION WAIVER: I/We agree that any dispute arising out of, in connection with or incident to participation in the Program shall be litigated, if at all, before the Superior Court of Ontario located in Toronto, Ontario, to the exclusion of the courts of any other city, province or country. I/We further agree that the applicable law to be applied to any dispute shall be the law of the Province of Ontario. I/we agree that any lawsuit against the Camp whatsoever shall be litigated by me / us individually and not as a member of any class or as part of a class action, and I/we expressly agree to waive any law entitling me / us to participate in a class action.
CONTAGIOUS ILLNESS AND EMERGENCY AUTHORIZATION: To the best of my/our knowledge, the Athlete does not have a contagious illness and is physically able to participate in all Program activities. If the Athlete comes in contact with a communicable disease at any time prior to the Program start date, or has any change in his/her health condition, I/we will inform the Camp immediately. All medical issues requiring ongoing medical supervision or care have been fully disclosed on the ATHLETE APPLICATION FORM. I/We give permission for any and all health/personal care information to be shared with the appropriate Camp staff and outside medical personnel as necessary. I/We give permission to the Camp Directors or their delegate(s) to administer over the counter or prescription medications and provide routine health care to the Athlete as directed by a physician. I/We agree that if I/we cannot be reached in the event of an emergency, the physician selected by the Camp staff may secure proper treatment for the Athlete, including, without limitation, hospitalization, medications, anesthesia, surgery or blood transfusion and at my/our expense.
SEVERABILITY: If any provision of this Form is held by a Court to be unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Form shall remain in full force and effect as drafted.
MEDIA CONSENT: I/We hereby authorize any images or video footage taken of the Athlete, in whole or in part, individually or in conjunction with other images and video footage, to be displayed on the Camp’s website and other official Camp social media, and to be used for media purposes including promotional presentations, educational purposes and courses and marketing campaigns by Elite Camps Ltd, Elite Basketball Media Inc. I/We also authorize the display and use of any media material created by the Athlete within the Camp. I/We waive rights to privacy and compensation, which I/We may have in connection with such use of the Athlete’s likeness, including rights to be written copy that may be created in connection with video production, editing and promotion therewith.
MEDICAL: I/We am the parent/guardian who provides care for and has a right to make decisions about the Athlete being registered for activities as part of this registration.
By accepting this form, I/We are indicating my/our acknowledgment and acceptance of all of the above and assumes full responsibility for payment and acknowledges that I/We have read and understood all the Camps policies and the Camp can rely on all representations made and information given.