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Toronto Pan Am Sports Centre – Facility Participant - WAIVER AND RELEASE OF LIABILITY

By signing this form you will waive certain legal rights, including the right to sue. Please read carefully!

This is a binding legal agreement. As a Participant in the programs, activities and events of the Toronto Pan Am Sports Centre, the undersigned acknowledges and agrees to the following terms.

1. Indemnification and Hold Harmless Clause

TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against TPASC Inc., and its shareholders, directors, officers, employees, agents, representatives, independent contractors, subcontractors, sponsors, successors, representatives and assigns (all of whom are hereinafter collectively referred to as "the Releasees"), and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer resulting from either my use of or my presence on the facilities or travel due to any cause whatsoever, including negligence, breach of contract, mistakes or errors in judgment, or from injuries resulting from mechanical breakdown or failure of equipment, or poor design or placement of any equipment or breach of any statutory or other duty of care, including any duty of care under the Occupiers Liability Act, R.S.O. 1990, Chapter O.2 on the part of the Releasees, and also including the failure on the part of the Releasees to safeguard or protect me from the risks, dangers and hazards of the activities I choose to partake in

TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the Releasees", and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer, resulting from any bacterial and/or viral infection and resultant disease or sickness which I may contract (including but not limited to SARS-CoV-2(COVID-19)) either by my use of or my presence on the facilities or travel due to any cause whatsoever, including, but not limited to negligence, breach of contract, mistakes or errors in judgment, or from injuries resulting from, but not limited to, any failure or negligence on the part of the Releasees to clean and disinfect or monitor the cleaning and disinfecting of the facilities and the equipment including, but not being limited to ropes, carabiners, quick draws, bolt hangers, and all anchors, or the breach of any statutory or other duty of care by the Releasees, including any duty of care under the Occupiers Liability Act, R.S.O. 1990, Chapter O.2 and also including the failure on the part of the Releasees to safeguard or protect me from contracting any bacterial and/or viral infection (including but not limited to SARS-CoV-2(COVID-19));

2. Property Brought into Facility

TORONTO PAN AM SPORTS CENTRE is not responsible for any property or items brought into or onto the Facility at any time.

3. Smoking

TORONTO PAN AM SPORTS CENTRE is a smoke free area, smoking anywhere on TORONTO PAN AM SPORTS CENTRE property is STRICTLY PROHIBITED.

4. Incident Reporting Requirement

Following an incident or accident, an “Incident Report Form” must be completed with the aid of TORONTO PAN AM SPORTS CENTRE staff. An “Incident Report Form” is required if medical or first aid attention is required OR if loss or damage to TORONTO PAN AM SPORTS CENTRE property occurs.

5. Payment for Damages

The User shall pay for all damages to TORONTO PAN AM SPORTS CENTRE property arising from the use of the Facility where the User or those in attendance in connection with this User Agreement is deemed responsible for such damage.

6. Alcohol

The facility of TORONTO PAN AM SPORTS CENTRE is a licensed facility. No alcohol shall be brought in from outside sources or consumed in locker/change rooms.

7. TORONTO PAN AM SPORTS CENTRE Privacy Policy

TORONTO PAN AM SPORTS CENTRE is committed to protecting the personal information of all users by following best practices. The collection of personal information will be gathered to better serve our clientele and to also ensure the safety of all TORONTO PAN AM SPORTS CENTRE users. Information gathering will relate to registration and payment, program delivery, and to fulfill regulatory obligations.

The user agrees that if, despite the following of the best practices by TORONTO PAN AM SPORTS CENTRE, the foregoing commitment is breached, there will be no claim or right to any damages or reimbursement on the account of any loss, damage, or expense whatsoever.

8. Adherence to Laws

The User shall abide by all City of Toronto By-laws and all applicable legislation and regulations of the province of Ontario as they pertain to the use of the Facility

9. Laws of Ontario

The validity and interpretation of this User Agreement and of each clause and part hereof, shall be governed by the Laws of Ontario.

Acknowledgement

By signing and dating below you agree that you are the participant and to be bound by this Legal Agreement even if you have not read this agreement.

 

SCHEDULE “A”

SARS-CoV-2 COVID-19 POLICY

SCREENING QUESTIONS REGARDING CONFIRMATION REGARDING SYMPTOMS AND TRAVEL WILL BE ASKED PRIOR TO ENTRY AT EACH VISIT AND WILL INCLUDE BUT WILL NOT BE LIMITED TO:

 

√       I have not displayed any SARS-CoV-2 (COVID-19) symptoms including – fever, dry cough, shortness of breath or difficulty breathing in the last 14 days;

√       I have not travelled outside of Canada, or have not been in contact with someone who has travelled outside of Canada in the past 14 days;

√       I have not knowingly come in contact with anyone experiencing any of the SARS-CoV-2 (COVID-19) symptoms in the last 14 days;

√       I have not come in contact with anyone with a confirmed SARS-CoV-2 (COVID-19) test or is waiting for results from a SARS-CoV-2 (COVID-19) test in the past 14 days.

 

I WILL, AT ALL TIMES DURING MY PRESENCE AT THE FACILITY:

√       Refrain from handshaking and respect minimum required social distancing of a least 2 metres from all other persons at the facility;

√       Refrain from gratuitously touching any surfaces and items at the facility which are unrelated to my activities at the facility;

√       Wash and sanitize my hands prior to entering the facility.

First User's Name

First Name*

Last Name*

Phone*
First User's Date of Birth*
I certify that I am 18 years of age or older
First User's Signature*
Second User's Name

First Name*

Last Name*
Second User's Date of Birth*
Third User's Name

First Name*

Last Name*
Third User's Date of Birth*
Fourth User's Name

First Name*

Last Name*
Fourth User's Date of Birth*
Fifth User's Name

First Name*

Last Name*
Fifth User's Date of Birth*
Sixth User's Name

First Name*

Last Name*
Sixth User's Date of Birth*
Seventh User's Name

First Name*

Last Name*
Seventh User's Date of Birth*
Eighth User's Name

First Name*

Last Name*
Eighth User's Date of Birth*
Ninth User's Name

First Name*

Last Name*
Ninth User's Date of Birth*
Tenth User's Name

First Name*

Last Name*
Tenth User's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
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.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or 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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