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RACQUETGUYS RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
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DEMO RACQUET AGREEMENT

1. This is a binding legal agreement. Clarify any questions or concerns before signing. As a Participant in the sport of tennis, pickleball, badminton, squash, and racquetball and the orientation, instruction, activities, programs, and services of the Organization (collectively the “Activities”), the undersigned acknowledges and agrees to the terms outlined in this document.

Disclaimer

2. 1436206 Ontario Limited (Doing Business As: RacquetGuys, RCS Sports, PickleballGuys, SquashGuys, RacquetballGuys, BadmintonGuys), its 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 “the Organization”) are not responsible for any injury, personal injury, damage, property damage, expense, loss of income or loss of any kind suffered by the Participant during, or as a result of, the Activities, caused in any manner whatsoever including, but not limited to, the negligence of the Organization.

Description and Acknowledgement of Risks

3. I, on behalf of myself and my family members, 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 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.

4. I, on behalf of myself and my family members, am participating voluntarily in the Activities. In consideration of my participation, I, on behalf of myself and my family members, hereby acknowledge that I, on behalf of myself and my family members, 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) Executing strenuous and demanding physical techniques;

c) Vigorous physical exertion, strenuous cardiovascular workouts and rapid movements;

d) Exerting and stretching various muscle groups;

e) The failure to properly use any piece of equipment or from the mechanical failure of any piece of equipment;

f) Spinal cord injuries which may render me permanently paralyzed;

g) Serious injury to virtually all bones, joints, ligaments, muscles, tendons and other aspects of my body or to my general health and well-being;

h) Abrasions, sprains, strains, fractures, or dislocations;

i) Privacy breaches, hacking, technology malfunction or damage;

Terms

5. In consideration of the Organization allowing me to participate in the Activities, I, on behalf of myself and my family members, agree:

a) That my mental and physical condition is appropriate to participate in the Activities and I assume all risks related to my mental or physical condition;

b) That when I practice or train in my own space, I am responsible for my surroundings and the location and equipment that I select;

c) To comply with the rules and regulations for participation in the Activities;

d) To comply with the rules of the facility or equipment;

e) That if I observe an unusual significant hazard or risk, I will remove myself from participation and bring such to the attention of The Organization representative immediately;

f) The risks associated with the Activities are increased when I am impaired and I agree not to participate if impaired in any way;

g) 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;

h) That I am responsible for my choice of protective equipment and the secure fitting of that equipment; and

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 voluntarily agree to assume all the foregoing risks.

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) Grass, turf, and other surfaces including bacterial infections and rashes;

m) Collisions with walls, shelving, curtains, poles, windows, furniture, equipment, and other participants;

n) Not wearing appropriate safety or protective equipment;

o) Failure to act safely or within my own ability or within designated areas;

p) Negligence of other persons, including other spectators, participants, or employees;

q) Weather conditions;

r) Travel to and from events which are an integral part of the Activities; and

s) Negligence on the part of The Organization, including failure on the part of The Organization to take reasonable steps to safeguard or protect me from the risks, dangers and hazards associated with my participation in the Activities. 

Terms

5. In consideration of the Organization allowing me to participate in the Activities, I, on behalf of myself and my family members, agree:

a) That my mental and physical condition is appropriate to participate in the Activities and I assume all risks related to my mental or physical condition;

b) That when I practice or train in my own space, I am responsible for my surroundings and the location and equipment that I select;

c) To comply with the rules and regulations for participation in the Activities;

d) To comply with the rules of the facility or equipment;

e) That if I observe an unusual significant hazard or risk, I will remove myself from participation and bring such to the attention of The Organization representative immediately;

f) The risks associated with the Activities are increased when I am impaired and I agree not to participate if impaired in any way;

g) 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;

h) That I am responsible for my choice of protective equipment and the secure fitting of that equipment; and

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 voluntarily agree to assume all the foregoing risks.

Release of Liability and Disclaimer

6. In consideration of the Organization allowing me to participate, I, on behalf of myself and my family members, 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 be involved 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, death, property damage, expense and related loss, including loss of income, resulting from my participation in the activities, events and programs of The Organization;

f) To FOREVER RELEASE AND INDEMNIFY 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 relating to becoming exposed to or infected by COVID-19 which may result from the actions, omission or negligence of myself and 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 Ontario and if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect.

Demo Racquet/Paddle Rental Policies and Agreement

7. I, on behalf of myself and my family members, agree to the following:

a) The demo rental period is 7 days

b) Customer may demo up to 3 racquets at a time. A maximum of 6 racquets may be demoed per year. Any purchase of an adult racquet resets the yearly demo count to 0.

c) Photo ID must be presented each time demos are rented. A picture of provided ID will be taken upon first demo rental, and customer ID will be checked for each subsequent demo. 

d) A non refundable late fee of $10/day will be charged for each additional day beginning on the 8th day.

e) Upon returning the demos, any late fees incurred will be due. Customers will not be eligible to rent demos or make other purchases until the late fees have been paid. 

f) If a demo is late by more than 20 days, and no communication regarding the demos has been received from the customer, a police report may be filed. 

g) Demos must be returned in reasonable condition and may not be re-strung, re-gripped, or altered in any way. Broken strings are acceptable and I will not be responsible for the cost of strings or labour.

h) If a demo is returned cracked and/or with excessive wear, I agree to purchase the demo for the authorized retail value

i) The Organization reserves the right to deny demo rentals if there is a history of late returns and/or racquet abuse.

Jurisdiction

8. I, on behalf of myself and my family members, agree that in the event that I file a lawsuit against the Organization, I agree to do so solely in the province of Ontario, Canada and further agree that the substantive law of Ontario will apply without regard to conflict of law rules. I, on behalf of myself and my family members, further agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.

Acknowledgement

9. I, on behalf of myself and my family members, acknowledge that I have read and understand this agreement, that I have executed this agreement voluntarily, and that this agreement is to be binding upon myself, my heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legal or personal representatives. I, on behalf of myself and my family members, further acknowledge by signing this agreement I have waived my right to maintain a lawsuit against The Organization on the basis of any claims from which I have released herein.

This Release of Liability Waiver and Demo Racquet Rental Agreement is applicable to all future registrations, renewals, and demo racquet rentals.

BY ELECTRONICALLY OR PHYSICALLY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, ON BEHALF OF YOURSELF AND YOUR FAMILY, INCLUDING YOUR/THEIR RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT. PLEASE READ CAREFULLY.

 

Signature of Participant 

or Signature of Parent/Tutor/Legal Guardian (if participant is a minor or cannot legally give consent) 

Date: September 29, 2022


First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
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Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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