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CSI Pacific / PacificSport Athlete Coach Agreement - Release of Liability and Waiver of Claims

 

 

8.7.1

WARNING! By signing this document, you will waive certain legal rights. Please read carefully.

The Athlete or Coach (as defined below) agrees that he/she is an ambassador for his/her sport listed below (the "Sport"). For good and valuable consideration, the receipt and adequacy of which is acknowledged, the parties agree as follows:

Conduct

  1. The Athlete or Coach will avoid any conduct or action that disparages CSI Pacific / PacificSport, or any of its present and future officers, directors, employees, volunteers, servants, agents, affiliates, or independent contractors (collectively, the "CSI Parties").
  2. The Athlete or Coach will avoid the use of banned substances and practices that contravene the rules of the World Anti-Doping Agency (WADA), the rules of their International Federation, or the Canadian Anti-Doping Program.
  3. The Athlete or Coach will act in accordance with a harassment- and abuse-free environment.
  4. CSI Pacific / PacificSport cards are to be used solely by the registered Athlete or Coach to whom the card was issued.
  5. The Athlete or Coach will notify in writing the service provider (CSI Pacific staff or approved external provider) of any cancellations at least 24 hours prior to scheduled appointment, unless due to emergency.
  6. No GymWorks facility will be held responsible for any property left in lockers or on their premises.
  7. The Athlete or Coach must treat each GymWorks facility's equipment with care and respect the hours of access and age restrictions.
  8. The Athlete or Coach must treat each Community Partner, FoodStuff, and GymWorks partner's employees with respect.
  9. The Athlete or Coach agrees to abide by the rules of conduct for each Community Partner, FoodStuff, and GymWorks facility. This includes, but is not limited to, rules and regulations of CSI Parties, Community Partners / FoodStuff / GymWorks facilities, and those of the Province of British Columbia and Public Health Office concerning matters of health and safety and specifically as they relate to COVID-19 or such other communicable disease or contagion.

Release of Liability and Waiver

  1. The Athlete or Coach fully understands and acknowledges that there are foreseeable and unforeseeable inherent risks, hazards, and dangers of the Sport, attendance at a GymWorks facility, and any services of and offered by the CSI Parties (the "Activities") that no amount of care, caution, or expertise can eliminate including without limitation the following: (a) bodily injury, including mental injury, paralysis, dismemberment, and death, while training for, participating in, or performing any activity in connection with the Sport; (b) exposure to sickness, disease, contagion, including but not limited to COVID-19; and (c) breach by any CSI Party of his/her right to protection and privacy of personal information provided to any CSI Party (collectively, the "Risks").
  2. The Athlete or Coach understands that these Risks may be caused in whole or in part by the Athlete or Coach's own actions or inactions, the actions or inactions of others participating in or present during the Sport, or the negligent acts or omissions of a CSI Party.
  3. The Athlete or Coach expressly, freely, and voluntarily assumes all Risks and all responsibility for any loss or damages to his/her property or person, including loss of income, expenses, or related loss, which may arise out of or in connection with the Activities, including the Risks, whether caused in whole or in part by the negligence or gross negligence of any CSI Party.
  4. The Athlete or Coach, on behalf of himself/herself, his/her heirs, executors, administrators, assigns and next of kin, agrees not to sue or bring forth any legal proceeding at any time, and from time to time, against any CSI Party in connection with, and hereby forever releases each CSI Party from, any claims, demands, damages, actions, or causes of action for any loss, injury, or damage to his/her property or person arising out of or in connection with the Activities, including the Risks, whether caused in whole or in part by the negligence or gross negligence of any CSI Party.
  5. If the Athlete or Coach does not abide by any provision of this Agreement, all priveleges offered by any CSI Party to the Athlete or Coach may be terminated subject to the Standard of Conduct fully outlined in Section 8 of the Athlete Coach Services (ACS) Operations Manual, a copy of which will be provided to the Athlete or Coach upon request. If the Athlete or Coach wishes to appel the decisions, he/she may contact his/her regional Athlete Coach Services Representative for further information (see Section 9 of the ACS Operations Manual).

Privacy Act Information

CSI will collect personal information in order to give the athlete or coach information about services availbale including Performance Services, Support Services, Life Services, Professional Services, Educational Services, Funding Services, and Resources Services. CSI will also collect personal information in order to deliver said services. Information may be collected in anonymous form for statistical purposes regarding internal or external issues of mutual interest to members of the athletic community, and generally, to provide the types of services expected by registered athletes and coaches. For more detail on the CSI Pacific policy and methods of collection, use, and disclosure of personal information please refer to the CSI Pacific Privacy Policy, available upon request.

The Athlete or Coach (a) acknowledges that any information, including personal information, may be required and requested by any CSI Party for the sole purpose of performing the Activities in which the specific purpose of which will be explained at the time of collection. Information deemed to be reasonable in the performance of Activities, for which the Athlete or Coach freely engages in, shall be stored internally on the CSI Pacific database accessible only to the CSI Parties. Personal information will only be shared externally when lawfully requested in accordance with National and Provincial privacy legislation; and (b) agrees and consents to such collection, use, or disclosure of any such information.

The Athlete or Coach agrees to the following:

  1. The Athlete or Coach shall avoid the use of banned substances as outlined by the Canadian Anti-Doping Program. The Athlete or Coach represents and warrants to CSI Pacific / PacificSport that he/she has been advised to read and understand the CSI Pacific Sport Supplement Policy (http://www.csipacific.ca/services/sport-nutrition/), and shall comply therewith in all respects.
  2. The Athlete or Coach gives permission to CSI to share his/her personal information with any CSI Party or government agency when it is deemed reasonable in the performance of Activites
  3. The Athlete or Coach acknowledges CSI's endorsement of the Responsible Coaching Movement and the "Rule of Two" which services to protect minor athletes in potentially vulnerable situations (e.g. closed-door meetings, travel, private training environments) limiting one-on-one interactions between CSI staff and athletes. Exceptions are made for medical emergencies and professional practices that involve athlete consent.
  4. The Athlete or Coach acknowledges that CSI has advised him/her that (a) seeing a medical health practitioner prior to beginning any training or testing regime is paramount to him/her performing and training in a safe and effective manner, and (b) if he/she is not eligible for direct medical guidance from a CSI medical health practitioner, that he/she seek out his/her own medical health practitioner before engaging in any training programs.
  5. The Athlete or Coach gives permission to be contacted by an electronic means by an CSI Party for any reason, including regarding CSI funds development initiatives, athlete benefits, programs, services, newsletters, performance points, and promotional opportunities.
  6. The Athlete or Coach gives permission for CSI to use any photo and/or video that he/she appears in for any reasonable purpose, including for promotional and advertising purposes. Images and videos will not be provided or sold to any external agency or non-CSI Party without written and explicit consent from the individual therein.
  7. The Athlete or Coach represents and warrants to CSI that he/she has had sufficient time to read and understand this Agreement, understands his/her obligations under this Agreement, and is aware that by signing this Agreement he/she is voluntarily waiving certain legal rights which he/she or his/her legal representatives may otherwise have against the CSI Parties.

Governing Law

This Agreement shall be governed by and is to be interpreted, construed, and enforced in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein.

Counterparts and Electronic Delivery

This Agreement may be executed and delivered in any number of counterparts, which when taken together shall constitute one and the same instrument. Delivery by facsimile or other electronic means of an originally executed signature page to this Agreement is as effective as personal delivery of such signature page.

 

Please select if the Athlete/Coach is an Adult or Minor
AdultMinor
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First Athlete's / Coach's Name

First Name*

Last Name*

Phone*
First Athlete's / Coach's Date of Birth*
First Athlete's / Coach's Signature*
Parent's/Guardian's Email Address

Email*
A signed copy of this waiver will be sent to the email address you provide.
Sport
Please choose sport.*
The Parent/Guardian of the Athlete or Coach: 1. represent and warrant to CSI Pacific / PacificSport that (a) he/she has reviewed this Agreement with the Athlete or Coach, and (b) the Athlete or Coach understands his/her obligations under this Agreement and is aware that by signing this Agreement he/she is voluntarily waiving certain legal rights which he/she or his/her legal representatives may otherwise have against the CSI Parties; 2. give his/her content to the CSI Parties to administer and obtain medical care for the Athlete or Coach for any injury or illness that he/she may suffer; and 3. on behalf of his/her heirs, executors, administrators, assigns, and next of kin, agree not to sue or bring forth any legal proceeding at any time, and from time to time, against any CSI Party in connection with, and hereby forever release each CSI Party from any claims, demands, damages, actions, or causes of action for any loss, injury, or damage to the Athlete's or Coach's property or person arising out of or in connection with the Risks, whether caused in whole or in part by the negligence or gross negligence of any CSI Party.


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's/Guardian's Name

First Name*

Last Name*

Phone*
Parent's/Guardian's Date of Birth*
Parent's/Guardian's Signature*
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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