ALBERTA GYMNASTICS FEDERATION
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
(To be executed by Participants under 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. As a participant in the sport of gymnastics and the spectating, orientation, instruction, activities, competitions, programs, and services of Alberta Gymnastics Federation and Strathmore Gymnastics Centre (collectively the “Activities”), the undersigned acknowledges and agrees to the terms outlined in this document.
2. Alberta Gymnastics Federation and Strathmore Gymnastics Centre, and their respective Directors, Officers, committee members, members, employees, coaches, volunteers, officials, participants, agents, sponsors, owners/operators of the facilities in which the Activities take place, and representatives (collectively the “Organization”) are not responsible for any injury, personal injury, damage, property damage, expense, loss of income 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.
I have read and agree to be bound by paragraphs 1 and 2
Description and Acknowledgement of Risks
3. I 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 my fitness or abilities, may misjudge weather or environmental conditions, may give incomplete warnings or instructions, and the equipment being used might malfunction; and
d) The Organization has put in place preventative measures to reduce the spread of contagions; however, the Organization cannot guarantee that I will not become infected by a contagion. Further, participating in the Activities could increase my risk of exposure and/or illness from infectious disease and contagions.
4. 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. The risks, dangers and hazards include, but are not limited to:
a) Contracting COVID-19 or any other contagious disease.
b) Privacy breaches, hacking, technology malfunction or damage.
c) Executing strenuous and demanding physical techniques and exerting and stretching various muscle groups.
d) Vigorous physical exertion, strenuous cardiovascular workouts and rapid movements.
e) The failure to properly use any piece of equipment or from the mechanical failure of any piece of equipment or apparatus.
f) Failure to follow instructions or rules.
g) Spinal cord injuries which may render me permanently paralyzed.
h) Serious injury to virtually all bones, joints, ligaments, muscles, tendons, and other aspects of my body or to my general health and well-being.
i) Abrasions, sprains, strains, fractures, or dislocations.
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.
l) Collisions with walls, any gymnastics apparatus, floors or mats.
m) Falling, tumbling, or hitting any gymnastics apparatus, the floor, mats, or other surfaces.
n) Physical contact with other participants (including spotters).
o) Not wearing appropriate safety or protective equipment.
p) Failure to act safely or within my own ability or designated areas.
q) Negligence of other persons, including other spectators, participants, or employees.
r) Travel to and from competitive events and associated non-competitive events which are an integral part of the Activities; and
s) Negligence on the part of the Organization, including failure by the Organization to take reasonable steps to safeguard or protect me from the risks, dangers and hazards associated with my participation in the Activities.
I have read and agree to be bound by paragraphs 3 and 4
5. In consideration of the Organization allowing me to participate in the Activities, I agree:
a) That when I practice or train in my own space, I am responsible for my surroundings and the location and equipment that I select.
b) That my mental and physical condition is appropriate to participate in the Activities and I assume all risks related to my mental and physical condition.
c) That I may experience anxiety while challenging themselves during the Activities.
d) To comply with the rules and regulations for participation in the Activities.
e) To comply with the rules of the facility or equipment.
f) That if I observe an unusual significant hazard or risk, I will remove myself from participation and bring my observations to a representative of the Organization immediately.
g) The risks associated with the Activities are increased when I am impaired, and I will not participate if impaired in any way.
h) That it is my sole responsibility to assess whether any Activities are too difficult for me. By commencing an Activity, I acknowledge and accept the suitability and conditions of the Activity.
i) That COVID-19 is contagious in nature and I may be exposed to, or infected by, COVID-19 and such exposure may result in personal injury, illness, permanent disability, or death; and
j) That I am responsible for my choice of safety or protective equipment and the secure fitting of that equipment.
Release of Liability and Disclaimer
6. In consideration of the Organization allowing me to participate, 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 participate 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, loss of life, property damage, expense, and related loss, including loss of income, resulting from my participation in the Activities.
f) To FOREVER RELEASE 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 contract and/or breach of any statutory duty of care of the Organization;
g) To FOREVER RELEASE AND INDEMNIFY the Organization from any action related to my becoming exposed to or infected by COVID- 19 as a result of, or from, any action, omission or negligence of myself or others, including but not limited to the Organization;
h) 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.
i) 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
j) This release, waiver and indemnity is intended to be as broad and inclusive as is permitted by law of the Province of Alberta and if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect.
7. I agree that in the event that I file a lawsuit against the Organization, I will do so solely in the Province of Alberta and further agree that the substantive law of the Province of Alberta will apply without regard to conflict of law rules.
I have read and agree to be bound by paragraphs 5 to 7
8. I am not relying upon any oral or written representations or statements made by the releasees with respect to the safety of competitive activities or activities other than what is written in this release. I confirm that I have read and understand this release prior to signing it, and I am aware that by signing this release I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators, assigns and representatives may have against the releasees forever. For participants of minority age. I hereby certify that I, as parent / guardian with legal responsibility for this participant of minority age, do consent and agree, to his / her release of all the releasees, and, for myself, my heirs, assigns, and next of kin, I release and agree to indemnify the releasees from any and all liabilities incident to this participant of minority age’s participation in competitive activities or activities and use of the facilities.
PERSONAL INFORMATION PROTECTION ACT (PIPA)
Your personal information such as Name, Date of Birth, Gender, Address, Phone, and Email will be protected and managed in accordance with the PIPA and made available only to the staff of the Strathmore Gymnastics Centre and Alberta Gymnastics Federation (pertaining to any information related to Alberta Gymnastics Federation Membership, this includes but not limited to emails for special events, live broadcasting, video, results, website, noticeboards, advertising, photos, social media platforms, funding, and Team Alberta requirements). Non- identifying information will be provided to Gymnastics Canada and the Alberta Sport Connection.
* See Personal Information/Photo/Video Release Questions in the next section*
*Note: Should you choose you can withdraw your consent in written notice at any time to Strathmore Gymnastics Centre
If you need any additional information about our personal information protection act, you can contact Alberta Gymnastics Federation office at (403) 259.5500 or via email at firstname.lastname@example.org.
COVID-19 GUIDELINES, ACKNOWLEDGEMENT OF RISK BY ATHLETE (18 YEARS OF AGE OR OLDER) OR PARENT/GUARDIAN OF ATHLETE, AND RELEASE
I understand and agree to all of the following:
Each time an athlete or their parent/guardian enters the facility, they will have their temperature checked. If their temperature is greater than 38.0 degrees and/or answer YES to any of the daily screening questions, they will not be able to participate and will be asked to go home. I understand that facilities are required to keep a record of all responses for government tracing. Upon entry ALL individuals are asked to sanitize.
Three waiting spots are available for athletes to check in. Please remain in your vehicle until one of the spots becomes available. In the event of rain, please feel free to call 403-934-3450 and we will advise you when its safe to enter. Activity start and end times will be staggered to provide time for cleaning between cohorts, and to allow athletes to get into and out of the gym safely. Staff will wash their hands thoroughly and common areas and equipment will be wiped down. Each evening the entire gym will be fogged with Vital Oxide, or another approved disinfectant.
Viewing or seating areas available for observation will be closed to discourage the concentration of people within the facility. You may come in with your child to get them settled if necessary. The SafeSport Rule of Two will be followed.
If an athlete has not been picked up by the designated activity end time, staff will contact the parent/guardian via the phone number below. Please always do your best to be on time to enable the staff enough time in between groups.
I will support the physical distancing standard of 2 to 3 meters while in the gym.
The focus will be on activities and drills that can be done without spot. However, if spotting is required the coach will wear a mask and wash/sanitize hands immediately before and after spotting.
Athletes will wash/sanitize hands before moving to the next event. Signs are placed around the gym to discourage touching the face.
Athletes will bring a clearly marked bag and a full water bottle to the gym. Any items left behind will be disposed of at the end of the day.
The athlete will stay home if they, or anyone in their household, is coughing, has a temperature of over 38 degrees C, or has any other flu-like or other COVID-19 symptoms.
I understand that these, and all other protocols, can be found in the STRATHMORE GYMNASTICS COVID-19 RETURN TO PLAY POLICIES AND PROCEDURES.
I understand and agree that these procedures will change and evolve over time and that I will follow any new standards that are required by the Government of Alberta, Alberta Health Services and/or the STRATHMORE GYMNASTICS CENTRE. If any procedure, safety protocols and new standards are not followed the athlete will be removed from the activity and will not be allowed to participate any further.
I ACKNOWLEDGE, UNDERSTAND, APPRECIATE & AGREE THAT PARTICIPATION MAY RESULT IN POSSIBLE EXPOSURE TO, AND ILLNESS FROM, INFECTIOUS DISEASES, INCLUDING, BUT NOT LIMITED TO, COVID-19. WHILE RULES AND PERSONAL DISCIPLINE MAY REDUCE THIS RISK, THE RISK OF SERIOUS ILLNESS AND DEATH DOES EXIST. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERS AND ASSUME FULL RESPONSIBILITY FOR PARTICIPATION AND EXPOSURE AND RELEASE THE FACILITY, IT’S EMPLOYEES, OFFICERS AND DIRECTORS FROM ANY LIABILITY RELATED THERETO.
Today's Date: January 19, 2021