I, the “Participant” am executing this waiver/release of liability with the intent that this waiver be binding on myself for all legal purposes.
I recognize that, when participating in the sport of Curling I will be engaging in strenuous physical activity including, but not limited to, muscle strengthening and endurance training, cardiovascular conditioning and training, and other various fitness-intensive Activities (hereinafter referred to as the “Activities”).
I am aware that there are inherent and significant risks associated with taking part in the Activities. I am aware that those risks may include, but are not limited to, the potential for serious injury caused by any event or any condition of the facility or equipment where athletic Activities are being provided and engaged in by members of the Organization and Participants. I specifically acknowledge that health risks associated with these risks may include, but shall not be limited to, bruises, scrapes, broken bones, strains and sprains to the musculoskeletal system, transient light headedness, concussions, fainting, abnormal blood pressure, chest discomfort, muscle cramping, soreness, infectious disease exposure, and nausea. I understand and acknowledge that these risks are all relative to my state of fitness and health (physical, mental and emotional), and to the awareness, care and skill with which I conduct myself while participating in the Activities.
I hereby confirm that I know of no medical problems or conditions that will increase my risk of illness or injury as result of my participating in physical activity and exercise and in fact I hereby confirm that no such problems or conditions exist.
I freely accept and assume full responsibility for all risks and the potential for personal injury, death, damage to property, or other loss which I may experience as a result of my participation in the Activities. I agree that, although the Organization has taken steps to reduce these risks and to increase the safety associated with the Activities, it is not possible for the Organization to make the Activities completely safe and free from risk. I accept these risks and agree to the terms of this waiver/release of liability even in the event that the Organization is found to be negligent or in breach of any duty of care or any obligation to me as a result of my participation in the Activities.
I acknowledge that I have been informed and understand that I am obligated to immediately inform the nearest member of the Organization’s staff and/or volunteer if I feel any pain, discomfort, fatigue or other symptoms which I may suffer during and/or immediately after my participation in the Activities. I understand and am fully aware that I am free to stop participating in the Activities at any time, and may be asked to stop my participation in the Activities by the Organization in the event that symptoms of distress or abnormal responses of any type whatsoever are observed by the staff/volunteers.
In addition to the consideration given to the Organization of my participation in the Activities I, on behalf on my heirs, next of kin, executors, administrators, and assignees (hereinafter collectively referred to as my “Legal Representatives”), hereby agree as follows;
- To waive all claims that I or my Legal Representatives may have now or may have in the future against the Organization;
- To release and forever discharge the Organization from any and all liability arising out of personal injury, death, property damage, or other loss resulting from my participation in the Activities due to any cause of action, including but not limited to negligence, breach of any duty imposed by law, breach of statutory or other duty of care, breach of contract or mistake or error of judgment by the Organization;
- To be liable for and to hold harmless and indemnify the Organization from any and all actions, causes of actions, proceedings, claims, damages, cost demands including any and all legal costs and liabilities whatsoever of any kind resulting from or arising out of or in any way connected to my participation in the Activities;
- To release and forever discharge the Organization from all liability for all personal injury, death, property damage or other loss resulting from any infectious disease, virus, bacterium or other microorganism (whether asymptomatic or not);
- To release and forever discharge the Organization from all liability for all personal injury, death, property damage or other loss resulting from Coronavirus (COVID-19) including any mutation or variation thereof, and
- To release and forever discharge the Organization from all liability for all personal injury, death, property damage or other loss resulting from pandemic or epidemic, as declared as such by the World Health Organization or any governmental authority.
I agree that this waiver and all terms contained herein are governed exclusively by the laws of the Province of Ontario and I hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario. I agree that any litigation to enforce this waiver must be instituted in the Province of Ontario.
I confirm that I have been provided with sufficient time to read and understand the contents of the waiver/ release from liability herein in its entirety and hereby agree to be bound by the said terms and conditions freely and voluntarily. I understand that this waiver is binding upon myself and my Legal Representatives.