WHISTLER PICKLEBALL ASSOCIATION 2020
RELEASE OF LIABILITY, WAIVER OF CLAIMS, INFORMATION, CONSENT, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
BY SIGNING THIS YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN INJURY
PLEASE READ CAREFULLY!!!
To: The Resort Municipality of Whistler (the “RMOW”), Fairmont Chateau (the “Fairmont”), Tantalus Resort Lodge (the “Tantalus”), Sea to Sky School District 48 (the “School District”), Whistler Tennis Academy (DBA Whistler Pickleball School), Whistler Blackcomb (“WB”) and the Whistler Pickleball Association (the "Association") and their directors, officers, agents, representatives, employees, referees, volunteers, members, participants, spectators, independent contractors, subcontractors, sponsors, successors and assigns (collectively the "RELEASEES”)..
In this Agreement the term “pickleball programs” shall include all activities, events, seminars and services provided, sponsored or organized by the Association at the RMOW’s, Fairmont’s, Tantalus’ and the School District’s facilities, including but not limited to: practices, games, tournaments, celebrations and equipment & facilities usage.
ASSUMPTION OF RISKS
I am physically, emotionally and mentally able to participate in the pickleball programs, and am doing so voluntarily and willingly.
I am aware that my participation in the pickleball programs involves many risks, dangers, and hazards, which could result in damage, loss, serious physical injury or death to me. Some of these risks, dangers and hazards include, but are not limited to:
Health: overexertion, dehydration, fatigue, lack of fitness or conditioning, traumatic injury, bacterial infections and rashes;
Premises: defective, dangerous or unsafe condition of the facilities; falls, collisions with objects, walls, equipment or persons; dangerous, unsafe, or irregular conditions on courts or other surfaces, extreme weather conditions; travel to and from facilities;
Use of Equipment: mechanical failure of the equipment; negligent design or manufacture of the equipment; the provision of or the failure by the Releasees to provide any warnings, directions, instructions or guidance as to the use of the equipment; failure to use or operate the equipment within my own ability;
Contact: I acknowledge that contact with pickleball balls, other equipment, or other persons, whether intentional or unintentional, is a common part of the pickleball programs, and may lead to serious bodily injury, including but not limited to concussions and/or other brain injury, or serious spinal injury;
Advice: negligent advice regarding the pickleball programs;
My conduct and the conduct of other persons including any physical altercation between pickleball participants: I acknowledge that such conduct, including my negligence and negligence of other persons, including NEGLIGENCE ON THE PART OF THE RELEASEES, may increase the risk of damage, loss, personal injury or death. I understand that the Releasees may fail to safeguard or protect me from the risks, dangers and hazards of the pickleball programs, some of which are referred to above.
PERSONAL INFORMATION AND IMAGES
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees allowing me to participate in the pickleball programs, use its equipment and facilities, and providing their pickleball services and programs, I hereby agree as follows:
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 as a result of my participation in the pickleball programs DUE TO ANY CAUSE WHATSOEVER, including but not limited to:
negligence on the part of the Releasees;
breach of warranty on the part of the Releasees in respect of the design, manufacture, selection, installation, maintenance or adjustment of equipment;
breach of any statutory or other duty of care including any duty of care owed under the Occupiers Liability Act, R.S.B.C. 1996, c. 303, on the part of the Releasees; and
the failure on the part of the Releasees to safeguard or protect me from the risks, dangers and hazards of the pickleball programs, some of which are referred to in the Assumption of Risks section of this Agreement.
TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage, loss, expense or injury to any third party resulting from my participation in the pickleball programs.
Despite the risks, dangers and hazards of the pickleball programs, and fully understanding such risks, dangers and hazards, I wish to participate in the pickleball programs with the Association and at the RMOW’s, Fairmont’s, Tantalus’ and School District’s facilities and elsewhere, and I FREELY ACCEPT AND FULLY ASSUME all such risks, dangers and hazards and the possibility of personal injury, death, property damage and loss resulting therefrom.
This Agreement shall be effective and binding upon my heirs, next-of-kin, executors, administrators, assigns and representatives, in the event of my death or incapacity.
In entering into this Agreement I am not relying on any oral, visual or written representations or statements made by the Releasees with respect to the safety of the pickleball programs other than what is set forth in this Agreement.
INSURANCE: Though the RMOW and the Association carry insurance I acknowledge that should I become injured or cause personal injury or property damage to any third party while participating in the pickleball programs, I may not entitled to insurance coverage under their insurance policies.
JURISDICTION: This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and be interpreted solely in accordance with the laws of the Province of British Columbia, and I agree to attorn solely to the jurisdiction of the Courts of the Province of British Columbia. Any litigation involving the parties to this Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.
By signing below, I agree that I am the player, referee, coach or volunteer who will be participating in the pickleball programs, I have read this Agreement and the Association’s by-laws, codes of conduct, etiquette and rules and agree to be bound by this Agreement and the Association’s Rules by-laws, codes of conduct, etiquette and rules.
WHISTLER PICKLEBALL ASSOCIATION - Covid-19 Specific Participant Agreement
Application - all athletes, coaches, members, volunteers, participants and family members of participants while in attendance at WPA activities (“Participants”) All Participants of agree to abide by the following points when entering WPA facilities and/or participating in club activities under the COVID-19 Response plan and RTP Protocol:
- I agree to symptom screening checks, and will let my club know if I have experienced any of the symptoms in the last 14 days.
- I agree to stay home if feeling sick, and remain home for 14 days if experiencing COVID-19 symptoms.
- I agree to sanitize my hands upon entering and exiting the facility, with soap or sanitizer.
- I agree to sanitize the equipment I use throughout my practice with approved cleaning products (shared and personal equipment).
- I agree to continue to follow physical distancing protocols.
- I agree to not share any equipment.
- I agree to abide by all of the WPA’s COVID-19 Policies and Guidelines.
- I understand that if I do not abide by the aforementioned policies/guidelines, that I may be asked to avoid club activities for up to 14 days to help protect myself and others around me.
- I acknowledge that continued abuse of the policies and/or guidelines may result in suspension of my membership.
- I acknowledge that there are risks associated with using WPA facilities and/or participating in WPA activities, and that the measures taken by the WPA and participants, including those set out above and under the COVID-19 Response Plan and Return to Sport Protocols, will not entirely eliminate those risks.