DECLARATION OF COMPLIANCE – COVID-19
Part 1 of 2
ALL INDIVIDUALS ENTERING THE FACILITY MUST COMPLY WITH THIS DECLARATION
Wentworth Arenas Inc. and its affiliates (collectively the “Organization”) require the disclosure of exposure or illness is in order to safeguard the health and safety of all participants and limit the further outbreak of COVID-19. This Declaration of Compliance will be kept safely, and personal information will not be disclosed unless as required by law or with your consent.
An individual (or the individual’s parent/guardian, if the individual is younger than 18 years old) who is unable to agree to the terms outlined in this document is not permitted to enter the Organization’s facilities or participate in the Organization’s activities, programs, or services.
I, being the individual named on the contact trace log for Wentworth Arenas Inc. and the individual’s parent/guardian (if the individual is younger than 18 years old), (the “Individual”) hereby acknowledge and agree to the terms outlined in this document:
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization and COVID-19 is extremely contagious. The Organization has put in place preventative measures to reduce the spread of COVID-19 and requires all individuals (or their parent/guardian, when applicable) to adhere to the compliance standards described in this document.
- The Individual has not been diagnosed with COVID-19. OR If the Individual was diagnosed with COVID-19, the Individual was cleared as noncontagious by provincial or local public health authorities.
- The Individual has not been exposed to a person with a confirmed or suspected case of COVID-19. OR If the Individual was exposed to a person with a confirmed or suspected case of COVID-19, the date of exposure was more than 14 days prior to the date this Declaration of Compliance was signed.
- The Individual is attending or participating voluntarily and understands the risks associated with COVID-19. The Individual (or the Individual’s parent/guardian, on behalf of the Individual (when applicable)) agrees to assume those risks, including but not limited to exposure and being infected.
- The Individual has not, nor has anyone in the Individual’s household, experienced any signs or symptoms of COVID-19 in the last 14 days (including fever, new or worsening cough, fatigue, chills and body aches, respiratory illness, difficulty breathing, nausea, vomiting or diarrhea, pink eye, or loss of taste or smell).
- If the Individual experiences, or if anyone in the Individual’s household experiences, any signs or symptoms of COVID-19 after submitting this Declaration of Compliance, the Individual will immediately isolate, notify the Organization, and not attend any of the Organization’s facilities, activities, programs or services until at least 14 days have passed since those symptoms were last experienced.
- The Individual has not, nor has any member of the Individual’s household, travelled to or had a lay-over in any country outside Canada in the past 14 days. If the Individual travels, or if anyone in the Individual’s household travels, after submitting this Declaration of Compliance, the Individual will not attend any of the Organization’s facilities, activities, programs or services until at least 14 days have passed since the date of return.
- The Individual undertakes to ensure compliance with all of the terms in this Declaration on an ongoing basis. If the individual is unable to agree to the terms of this Declaration after signing, the individual will notify the Organization immediately.
- The Individual is complying with Hamilton By – Laws, including but not limited to practicing physical distancing, maintaining separation of six feet from others, adhering to recognized hygiene best practices, and otherwise limiting exposure to COVID-19.
- The Individual will follow the safety, physical distancing, and hygiene protocols of the Organization.
This Declaration of Compliance will remain in effect until the Organization, per the direction of the provincial government and provincial and local public health authorities, determines that the acknowledgements in this Declaration of Compliance are no longer required.
The Organization may remove the Individual from the facility or from participation in the activities, programs or services of the Organization at any time and for any reason if the Organization believes, in its sole discretion, that the Individual is no longer in compliance with any of the standards or terms described in this document.
By filling out and signing you are acknowledging and accepting all terms of the above Declaration of Compliance. January 19, 2021
INFORMED CONSENT AND ASSUMPTION OF RISK AGREEMENT
(To be executed by Participants under the age of majority and signed by a parent or guardian)
Part 2 of 2
WARNING! By signing this document, you will waive certain rights, risks, and responsibilities. Please read carefully.
- This is a binding legal agreement. Clarify any questions or concerns before signing. The undersigned are the Participant and Participant’s Parent/Guardian (collectively the “Parties”) and hereby acknowledge and agree to the following terms outlined in this agreement.
- As a Participant in activities, programs, classes, services provided and events sponsored or organized by Wentworth Arenas Inc, 1463786 Ontario Inc. & CT Sports Management (the “Organization”), including but not limited to: games, tournaments, practices, training, personal training, instructional sessions or lessons, conditioning programs on any surface owned, managed or occupied by the Organization, including but not limited to ice or turf/field surface (collectively the “Activities”), the undersigned acknowledges and agrees to the following terms outlined in this agreement:
- I am the Parent/Guardian of the Participant and have full legal responsibility for the decisions of the Participant.
The Organization, thier respective directors, officers, committee members, members, employees, coaches, volunteers officials, participants, gents, indpendant contractors, subcontractors, sponsors, owners/operators of the facility in which the Activities take place, successors and assignors and representatives are not responsible for any injury, property damage, expense, loss of income, damage 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 Agree I have read and agree to be bound by paragraphs 1 through 4.
Description of Risks
5.The Parties understand and acknowledge that:
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;
The Organization has a difficult task to ensure safety and it is not infallible. The Organization may be unaware of the Participant’s fitness or abilities, may give incomplete warnings or instructions, may misjudge weather or environmental conditions, and the equipment being used might malfunction; and
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization and COVID-19 is extremely contagious. The Organization has put in place preventative measures to reduce the spread of COVID-19; however, the Organization cannot guarantee that the Participant will not become infected with COVID-19. Further, attending the Activities could increase your risk of contracting COVID-19.
That due to the COVID-19 pandemic there are maximum limits for league size set by the Ontario Government, and that this number may change at any time. I acknowledge that league size limits may need to be adjusted with or without notice to me to maintain compliance.
6. The Participant is participating voluntarily in the Activities. In consideration of that participation, the Parties hereby acknowledge that they are aware of the risks, dangers and hazards and may be exposed to such risks, dangers, and hazards. The risks, dangers and hazards include, but are not limited to:
Health: executing strenuous and demanding physical techniques, physical exertion, overexertion, stretching, dehydration, fatigue, cardiovascular workouts, rapid movements and stops, lack of fitness or conditioning, traumatic injury, bacterial infections, rashes, and the transmission of communicable diseases, including viruses of all kinds, COVID-19, bacteria, parasites or other organisms or any mutation thereof.
Premises: defective, dangerous, or unsafe condition of the facilities; falls; collisions with objects, walls, equipment, or persons; dangerous, unsafe, or irregular conditions on ice, turf/grass or other surfaces, extreme weather conditions; travel to and from premises.
Use of Equipment: mechanical failure of the equipment; negligent design or manufacture of the equipment; the provision of or the failure by the Organization to provide any warnings, directions, instructions or guidance as to the use of the equipment; failure to use or operate the equipment properly and/or within my own ability.
Contact: contact with any and all sporting equipment, nets, boards, benches, stands, poles, fences or other persons, whether intentional or unintentional, is a common part of ice and/or turf/field programs, and may lead to serious bodily injury, including but not limited to concussions and/or other brain injury, including but not limited to closed head injury or blunt head trauma or serious spinal injury which may render the participant permanently paralyzed.Serious injury to virtually any and / or all bones, joints, ligaments, muscles, tendons, and other aspects of the participants body or to the participants general health and wellbeing.Abrasions, sprains, strains, fractures, or dislocations.Ice, grass, turf, and other surfaces including bacterial infections and rashes.
Advice: negligent advice regarding ice and/or field programs.
Ability: Failing to act safely within my own capability and/or within designated areas.
Sport: the use of ice and/or field/turf and its inherent risks.
Conduct: My conduct and the conduct of other persons including any physical altercation between ice and/or field participants and/or spectators.
Travel: Travel to and from the Activities
Negligence: My negligence and negligence of other persons, including NEGLIGENCE ON the PART OF THE ORGANIZATION, may increase the risk of damage, loss, personal injury, or death.
I understand that the Organization may fail to safeguard or protect me from the risks, dangers, and hazards of ice and/or turf/field programs, some of which are referred to above.
I Agree I have read and agree to be bound by paragraphs 5-6.
7.In consideration of the Organization allowing the Participant to participate in the Activities, the Parties agree:
That the Participant’s mental and physical condition is appropriate to participate in the Activities;
That when the Participant practices or train in his or her own space, the Parties are responsible for the Participant’s surroundings and the location and equipment that is selected for the Participant;
To comply with the rules and regulations for participation in the Activities;
To comply with the rules of the facility or equipment;
To comply at all times with all applicable Government Orders, Statutes, Acts, Regulations and Guidelines, including but not limited to those pertaining to COVID-19 under the Ontario Emergency and Civil Protection Act;
That if the Participant observes an unusual significant hazard or risk, the Participant will remove themselves from participation and bring such to the attention of an Organization representative immediately;
The risks associated with the Activities are increased when the Participant is impaired and the Participant agrees not to participate if impaired in any way;
That it is their sole responsibility to assess whether any Activities are too difficult for the Participant. By the Participant commencing an Activity, they acknowledge and accept the suitability and conditions of the Activity;
That they are responsible for the choice of the Participant’s protective equipment and the secure fitting of the protective equipment;
That COVID-19 is contagious in nature and the Participant may be exposed to or infected by COVID-19 and such exposure may result in personal injury, illness, permanent disability or death and voluntarily agree to assume all of the foregoing risks.
8. In consideration of the Organization allowing the Participant to participate, the Parties agree:
That the Parties are not relying on any oral or written statements made by the Organization or their agents, whether in brochure or advertisement or in individual conversations, to agree to be involved in the Activities; and
That the Organization is not responsible or liable for any damage to the Participant’s vehicle, property, or equipment that may occur as a result of the Activities.
That the Organization is not responsible or liable for any damage, loss, or expense resulting from any changes in league size as mandated by any Government Order, Act, Regulation, Statute or Bylaw;
I AgreeI have read and agree to be bound by paragraphs 7-8.
9. The Parties agree that notwithstanding the above, in the event that they file a claim against the Organization, they agree to do so solely in the province of Ontario, Canada and they further agree that the substantive law of Ontario will apply in the event of conflict of law rules.
10. The Parties expressly agree that this Agreement is intended to be as inclusive as is permitted by law and that if any of its provisions are held to be invalid, the balance shall, notwithstanding, continue in full legal force and effect.
11. The Parties acknowledge that they have read this agreement and understand it, that they have executed this agreement voluntarily, and that this Agreement is to be binding upon themselves, their heirs, their spouses, parents, guardians, next of kin, executors, administrators and legal or personal representatives.
I Agree January 19, 2021