INFORMED CONSENT AND ASSUMPTION OF RISK AGREEMENT (To be executed by Parents/Guardians of Participants under the Age of Majority) WARNING! By signing this document you will assume certain risks and responsibilities. Please read carefully
1. This is a binding legal agreement. Clarify any questions or concerns before signing by emailing askus@torontowindsurfingclub.com. As a parent or legal guardian of a participant ("Participant") in the spectating, orientation, instruction, activities, programs, and services of the Toronto Windsurfing Club that may include, windsurfing, winging, standup paddle boarding and things incidental to those sports such as swimming, riding in or operating a power boat, etc. (collectively the “Activities”), the undersigned, being the Participant's parent or legal guardian ("Participant's Parent") acknowledges and agrees to the following terms:
Disclaimer 2. The Toronto Windsurfing Club, 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, property damage, death, expense, loss of income, damage or loss of any kind suffered by the Participant during, or as a result of, the Activities. I have read and agree to be bound by paragraphs 1 and 2:I Agree
Description of Risks 3. The Participant's Parent understands and acknowledges 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 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; and
- 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.
4. The Participant is participating voluntarily in the Activities. In consideration of that participation, the Participant's Parent hereby acknowledges 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: - Executing strenuous and demanding physical techniques;
- Vigorous physical exertion, strenuous cardiovascular workouts and rapid movements;
- Exerting and stretching various muscle groups;
- The failure to properly use any piece of equipment or from the mechanical failure of any piece of equipment;
- Spinal cord injuries which may render the Participant permanently paralyzed;
- Serious injury to virtually all bones, joints, ligaments, muscles, tendons and other aspects of the Participant’s body or to the Participant’s general health and well-being;
- Abrasions, sprains, strains, fractures, dislocations, lacerations or punctures;
- Concussion or other head injuries, including but not limited to, closed head injury or blunt head trauma;
- Physical contact with other participants, spectators, equipment, and hazards;
- Not wearing appropriate safety equipment when required or recommended, such as a life jacket and helmet;
- Failure to act safely or within the Participant’s ability or within designated areas;
- Equipment failure;
- Drowning;
- Negligence of other persons, including other spectators, participants, or employees;
- Privacy breaches, hacking, technology malfunction or damage;
- Weather conditions, including rough and changing conditions, high winds and conditions which may result in hypothermia; and
- Travel to and from competitive events and associated non-competitive events which are part of the Organization’s Activities.
I have read and agree to be bound by paragraphs 3 and 4:I Agree
Terms 5. In consideration of the Organization allowing the Participant to participate in the Activities, the Participant's Parent agrees: - That the Participant’s mental and physical condition is appropriate to participate in the Activities and the Participant’s Parent assumes all risks related to the Participant’s mental or physical condition;
- To direct the Participant to comply with the rules and regulations for participation in the Activities;
- To direct the Participant to comply with the rules of the course, facility, or equipment;
- To direct the Participant so 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;
- That the Organization does not undertake to provide health, accident, disability, hospitalization, personal property or other insurance for the Participant and the Participant’s Parent affirms that they have ascertained appropriate insurance to protect the Participant;
- The risks associated with the Activities are increased when the Participant is impaired and the Participant will not participate if impaired in any way;
- That when the Participant practices or trains in the Participant’s own space, the Participant’s Parent is responsible for the surroundings and the location and equipment that they select;
- That it is the Participant’s Parent’s sole responsibility to assess whether any Activities are too difficult for the Participant. By the Participant commencing an Activity, the Participant’s Parent acknowledges and accepts the suitability and conditions of the Activity; and
- That the Participant’s Parent is responsible for the choice of the Participant’s safety equipment, if required or recommended, and the secure fitting of the safety equipment.
Release of Liability and Indemnity 6. In consideration of the Organization allowing the Participant to participate, the Participant's Parent agrees:
- That the Participant’s Parent is 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 that the Participant be involved in the Activities;
- To freely accept and fully assume all such risks, dangers and hazards, and possibility of personal injury, death, property damage, expense and related loss, including loss of income, resulting from the Participant’s participation in the Activities and travel to and from the Activities; and
- To save harmless and to indemnify the Organization from any and all liability for any property damages or personal injury to any third party resulting from the Participant’s participation in the club Activities.
General 7. The Participant’s Parent agrees that in the event of a dispute with the Organization about any and all matters addressed in this Informed Consent and Assumption of Risk Agreement, the Participant’s Parent agrees that the applicable jurisdiction is the Province of Ontario and further agrees that the substantive law of Ontario shall apply without regard to conflict of law rules. 8. The Participant’s Parent agrees that if any part of this Informed Consent and Assumption of Risk Agreement is deemed to be unenforceable, the Participant’s Parent agrees that such provision shall be severable and the remaining provisions shall continue to be in full force and effect. I have read and agree to be bound by paragraphs 5-8:I Agree
Acknowledgement 9. The Participant’s Parent acknowledges 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. The Participant’s Parent further acknowledges by signing this agreement they have waived the right to maintain a lawsuit against the Organization on the basis of any claims from which they have released and/or agreed to indemnify the Organization herein. I have read and agree to be bound by paragraph 9:I Agree
May 2, 2025 |