COVID – 19 DECLARATION AND RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS
AND INDEMNITY AGREEMENT
By signing this Agreement, you will waive certain legal rights on behalf of the minor named below (herein referred to as the “Minor” or “Participant”), including the right to sue.
PLEASE READ CAREFULLY
This Agreement is required in order for the Participant to participate in the Activities (as defined below) with the Calgary Rowing Club (“CRC”). The CRC is permitting participation in the Activities based on the terms of the Agreement, including, without limitation, the declaration and assurance made by or for each participant to the CRC in this Agreement regarding COVID - 19.
The novel coronavirus, COVID – 19, has been declared a worldwide pandemic by the World Health Organization and COVID – 19 is extremely contagious. The CRC has put in place preventative measures to reduce the spread of COVID – 19; however, the CRC cannot guarantee that the Participant will not become infected with COVID – 19. Further participating in the Activities could increase the Participant’s risk of contracting COVID – 19.
COVID – 19 can be transmitted by asymptomatic individuals and accordingly the statements made by participants contained in this Agreement cannot provide certainty that COVID – 19 will not be transmitted. The CRC is taking prudent steps to impose and enforce appropriate protocols to keep participants and employees safe, but there can be no assurance that COVID – 19 will not be contracted by participants. This is a risk that each participant must assess themselves, and if they choose to participate in the Activities, to take the risk of either contracting COVID – 19 or transmitting it to others. In the case of a minor, the minor's parent or legal guardian must assess this risk.
I hereby declare that neither the Participant nor anyone in the Participant's household has experienced any cold or flu-like symptoms in the last 14 days (including a fever, cough, sore throat, respiratory illness or difficulty breathing). If the Participant or anyone in the Participant's household experiences any cold or flu-like symptoms after submitting this declaration, the Participant will then not visit the CRC or participate in the Activities, defined below, other than on line programs, for a minimum period of 14 days after the cold or flu-like symptoms have completely resolved, unless otherwise permitted under Alberta government COVID -19 isolation and quarantine requirements.
I hereby declare that neither the Participant, nor anyone with whom the Participant has been in close contact, has tested positive for COVID -19 in the past 14 days. Close contact is defined as within 2 metres for 15 minutes. If, after submitting this declaration, the Participant or anyone with whom the Participant is in close contact, tests positive for COVID -19, the Participant will then not visit the CRC or participate in the Activities, other than on line programs, for a minimum period of 14 days after the date of such test, unless otherwise permitted under Alberta government COVID -19 isolation and quarantine requirements.
If the Participant is awaiting testing results for COVID -19 at any time, the Participant will not visit the CRC or participate in the Activities, other than on line programs, during such time. The Participant will not visit the CRC or participate in the Activities, other than on line programs, during any period that the Participant is required to isolate or quarantine under Alberta government COVID -19 isolation and quarantine requirements.
If the Paricipant has travelled internationally or if the Participant has been in close contact with someone who has travelled internationally, the Participant shall comply with all federal and Alberta government COVID - 19 isolation and quarantine requirements and the Participant will not visit the CRC or participate in the Activities, other than on line programs, while the Participant is under isolation or quarantine pursuant to such requirements.
I agree that the Participant shall comply with all CRC health and safety protocols and rules in effect from time to time, including, without limitation, physical distancing, the wearing of masks and hand sanitizing.
I understand that even with the steps taken by the CRC to avoid the transmission of COVID -19, there is risk of injury or illness to the Participant. The sole responsibility for the personal safety of the Participant remains with the parent/guardian of the Participant. The Releasees (as defined below) shall not be liable for communicable illnesses which may be acquired by the Participant during participation at the CRC.
If the Participant tests positive for COVID -19, I will notify the CRC as soon as reasonably possible for contact tracing purposes taking into account the date(s) of the Participant’s recent visit(s) to the CRC.
IN CONSIDERATION of the Participant being permitted to participate in rowing programs, regattas, competitive events, practice sessions and exercises, erging, biking, spin biking, road cycling, fat tire biking, mountain biking, backcountry travel, hiking, running, strength training, yoga, pilates, exercise clinics, general physical exercise both indoors and outdoors, on-line fitness classes, social events and any other activities indoors or outdoors, on water or on land, that the CRC presents, organizes, sponsors, attends or otherwise participates in, to have access to, and to use, parking lots, buildings, docks, buildings and other facilities either provided by or arranged by the CRC and to use boats, rowing machines, bikes, weight room equipment, yoga equipment, pilates equipment, biking equipment, hiking equipment and other equipment available through the CRC or made available by the CRC, including orientation and instructional sessions or classes, transportation to or from any activities, accommodation, clothing, food and beverage, rescue and first aid services, and all travel by or movement around cars, trucks, watercraft or other vehicles (collectively, the “Activities”), or being permitted as a user, who is not a CRC member, to engage in any one or more of the Activities presented, organized, sponsored, attended or otherwise participated in by the CRC or a third party, I, as parent or legal guardian of the Participant, on behalf of the Participant and for myself, and the heirs, next-of-kin, executors, assigns, administrators, trustees and representatives of the Participant and myself, irrevocably agree as follows:
1. ACKNOWLEDGMENT AND ASSUMPTION OF RISKS
I ACKNOWLEDGE, agree and represent that both now and throughout the Participant’s participation in the Activities:
(a) I am the parent or legal guardian of the Participant;
(b) I understand the nature of the Activities and the Participant’s experience and abilities;
(c) I will ensure that the Participant fulfills the Participant’s obligations under this Agreement:
(d) The Participant is participating in the Activities freely and willingly;
(e) The Participant is in good health and is medically fit for participation in the Activities and without limiting the generality of the foregoing, the Participant does not suffer from a heart condition or other ailment that participation in the Activities could aggravate;
(f) The Participant is physically capable and fit to participate in the Activities and has no medical conditions or needs other than those listed below and I will notify the Participant’s instructor or coach, as the case may be, of any physical limitations the Participant might have or modifications the Participant might need to participate in any Activities;
(g) The Participant is able to swim 100 metres immediately after which the Participant can tread water for 15 minutes and/or the Participant holds the Bronze Cross/Medallion in swimming;
(h) The Participant is responsible for the Participant’s own safety and will participate in the Activities within the limits of the Participant’s abilities and if at any time the Participant believes that any of the Activities or the conditions in which any Activities are taking place are unsafe or beyond the Participant’s abilities or if the Participant becomes fatigued, the Participant will immediately cease to participate in the Activities;
(i) The CRC may collect and use the Participant’s personal information for administrative purposes;
(j) The CRC is granted permission, without further compensation, to photograph and/or record the Participant’s image and/or voice and to use the name of the Participant and such audio/visual material to promote the CRC through any form of communication and such audio/visual material and copyright relating to such audio/visual material will remain the sole property of the CRC and all claims to remuneration for use of such audio/visual material are hereby waived;
(k) The CRC may post articles, rosters, statistics, and results containing the name and likeness of the Participant on the CRC website without further compensation or permission;
(l) The Participant will at all times obey all safety rules of the CRC and will follow the instructions of coaches during the Activities;
(m) The CRC prohibits the use of alcohol, cannabis or non-prescription drugs prior to and during the Activities and the Participant will not participate in the Activities while under the influence of or after having used alcohol, cannabis or non-prescription drugs;
(n) The decisions of the CRC are final with respect to aspects of the Activities, including, without limitation, eligibility of participants and rules of the Activities;
(o) The Participant and I are not relying on any oral or written statements made by the Releasees whether in brochures, advertisements or in individual conversations to lead the Participant to become involved in the Activities on any basis other than the assumption by the Participant and by me of the Risks, as defined herein below; and
(p) I ACKNOWLEDGE THAT THIS AGREEMENT IS A BINDING LEGAL AGREEMENT and that I am entitled to have, and have had, the opportunity to obtain my own legal advice on the meaning and effect of this Agreement before signing it;
I FULLY UNDERSTAND that the Activities involve hazards, risks and dangers which could result in DAMAGE, LOSS, SERIOUS INJURY OR DEATH, not all of which can be listed in this Agreement, including, but not limited to:
i. injury related to the physical exertion involved in handling boats, including, without limitation, lifting heavy boats and equipment out of storage locations, carrying heavy boats and equipment, placing heavy boats in the water, lifting heavy boats out of the water, placing heavy boats and equipment in storage locations and lifting boats on and off trailers;
ii. injury related to boats sinking, boats colliding with other boats or with floating, submerged or stationary objects, oars contacting participants, participants becoming entangled in equipment, being struck by falling objects, failure of timely rescue, water-quality issues, variable and difficult water conditions, snow and ice conditions, natural weather events such as lightning and strong winds, other natural and artificial risks and dangers which may cause participants to be unable to breathe due to being under water, equipment malfunction, capsizing, swamping in waves caused by passing vessels or adverse weather, hypothermia, hyperthermia, drowning, repetitive stress injuries, accidents, illness and accidents occurring inside or around buildings or using equipment;
iii. injury related to the fact that rowing shells are unstable and that rowers face away from the direction in which they are rowing;
iv. injury related to the inadequate, inappropriate, improperly prepared or adjusted equipment or the use, misuse, non-use or failure of, any equipment, including but not limited to boats, rowing machines, oars, bikes, yoga equipment, pilates equipment, free weights or weight machines or from the mechanical failure of any piece of equipment;
v. injury related to dryland training, including weights training, running, biking, hiking and yoga, and massage;
vi. injury related to slipping, tripping or falling whether due to slippery floors or stairs or objects on the floor or ground;
vii. injury related to participation in biking, running or hiking in terrain that can be ungroomed, uncontrolled, unmarked and not inspected and where communication is difficult and, in the event of an accident, where rescue and medical treatment may not be available;
viii. injury related to immersion in water or falling through ice into cold water while hiking, biking or running;
ix. injury related to slipping, tripping or falling due to variation in the ground conditions, variation in the terrain, or uneven, steep or slippery surfaces, trails, or terrain, or hidden or exposed rocks, holes, depressions, boulders, ice logs, stumps, roots, forest deadfall, tree wells or other objects or conditions or failure of ropes or cables attached to rockfaces or other individuals;
x. injury related to collision with features such as protruding rocks, ledges, edges, railings, trees, tree stumps, outcroppings, access ladders or any other permanent or temporary fixture;
xi. injury related to difficulty or inability to control one’s speed and direction, errors of judgment or lack of preparation;
xii. injury related to rock slides triggered by natural forces, by persons travelling through the terrain or other causes;
xiii. injury related to falling off ledges or cliffs;
xiv. injury related to falling rocks, trees or branches;
xv. injury related to dangerous and unpredictable water conditions, crossing still or moving water, ponds, streams, creeks and rivers, or travelling on thin ice resulting in cold water immersion, possible entrapment by trees, logs, rocks or equipment and drowning;
xvi. injury related to collisions with other individuals;
xvii. injury related to contact with, colliding with, or being struck by, bikes, equipment, materials or vehicles;
xviii. injury related to rapid and extreme changes in weather conditions, with little or no warning;
xix. injury related to limited visibility due to fog, whiteouts or snow storms;
xx. injury related to very cold weather conditions, including frostbite or hypothermia;
xxi. injury related to exposure to the sun, including burns, heat exhaustion or stroke;
xxii. injury related to high winds, thunderstorms or lightning strikes;
xxiii. injury related to failing to participate within designated areas;
xxiv. injury related to becoming lost or separated from the group or the group becoming split up;
xxv. injury related to contact with curious or aggressive domestic animals or wildlife, including allergic reactions;
xxvi. injury related to contact with insects or plants, including allergic reactions;
xxvii. injury related to executing strenuous and demanding physical exercises, rapid movements and quick turns and stops;
xxviii. injury related to strenuous cardiovascular workouts;
xxix. injury related to exerting and stretching various muscle groups;
xxx. injury related to the activation or aggravation of pre-existing injuries, conditions, symptoms or congenital defects;
xxxi. injury related to failing to participate within the Participant’s abilities and skill;
xxxii. injury or discomfort related to anxiety or embarrassment from participating in challenging physical activity;
xxxiii. injury related to the use of vehicle transportation to and from the venues where the Activities take place, including the risk of automobile collisions;
xxxiv. theft, vandalism or loss of personal property;
xxxv. injury related to exposure to infectious or communicable diseases, including, without limitation, COVID – 19, contracted through viruses, bacteria, parasites or fungi, which may be transmitted through direct or indirect contact or the negligence of other persons; and
xxxvi. other risks normally associated with participation in the Activities.
(collectively, the “Risks”);
I FULLY UNDERSTAND THAT THE RISKS MAY BE CAUSED BY THE PARTICIPANT’S OWN ACTIONS OR INACTIONS, THE ACTIONS OR INACTIONS OF OTHERS, THE CONDITIONS IN WHICH THE ACTIVITIES TAKE PLACE, UNUSUAL OR DANGEROUS CIRCUMSTANCES, ERRATIC OR UNPREDICTABLE BEHAVIOR OR THE NEGLIGENCE OF THE RELEASEES, INCLUDING THE FAILURE BY THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT THE PARTICIPANT FROM THE RISKS AND, WITHOUT LIMITATION, THAT THE OCCURRENCE OF NEGLIGENCE IS A RISK AND LIKELIHOOD THAT IS INHERENT IN THE ACTIVITIES;
I FULLY UNDERSTAND THAT THE RISKS CAN RESULT IN SERIOUS BODILY INJURY, INCLUDING PARTIAL OR FULL DISABILITY, TEMPORARY OR PERMANENT DISABILITY, PARALYSIS, DEATH, PROPERTY DAMAGE AND OTHER LOSSES, SUCH AS SOCIAL OR ECONOMIC LOSS, EITHER UNKNOWN OR NOT FORESEEABLE NOW;
I FREELY ACCEPT AND FULLY ASSUME ALL THE RISKS, dangers, hazards, conditions and other risks related to the Activities and full responsibility for all injury, losses, costs and damages that the Participant suffers or incurs as a result of the Participant’s participation in the Activities;
2. MEDICAL ASSISTANCE AND COST
I GIVE MY CONSENT IN THE EVENT OF INJURY TO ANY EMERGENCY MEDICAL AID, anaesthesia or operation deemed necessary by the attending physician for the Participant and in the event of an accident, injury or any illness during Activities at a remote location I consent to first aid and medical treatment given to the Participant by persons who may be in attendance;
I IRREVOCABLY AGREE TO PAY THE COST OF ANY MEDICAL ATTENTION OR SERVICES RENDERED TO THE PARTICIPANT or for the Participant’s benefit while participating in Activities, or thereafter, including, without limiting the generality of the foregoing, any emergency evacuation of the Participant’s person and belongings, that may become necessary, notwithstanding that the evacuation may have been contributed to or occasioned by any act, or failure to act, by the Releasees or any of them, including, without limitation, negligence of any Releasee;
3. RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
I HEREBY WAIVE ANY AND ALL CLAIMS that the Participant or I have now or in the future may have for any and all liability for any loss, damage, expense or injury, including death, that the Participant or any of the Participant’s next-of-kin may suffer arising from the Participant’s participation in the Activities due, or alleged to be due, to any cause whatsoever, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, BREACH OF CONTRACT, BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY UNDER THE OCCUPIERS LIABILITY ACT (the “Claims”) of the CRC, other participants in the Activities, regatta organizers, sponsors, advertisers and owners and lessors of any premises on or in which any of the Activities take place, including, without limitation, the City of Calgary and the Glenmore Canoe & Rowing Clubhouse Foundation, and their respective directors, councillors, officers, agents, employees, coaches, independent contractors, subcontractors, assigns, members, licensees, invitees, administrators, owners, guests and volunteers (all of whom are herein referred to as the “Releasees”) or any of them, and further, INCLUDING, WITHOUT LIMITATION, FAILURE ON THE PART OF THE RELEASEES OR ANY OF THEM TO SAFEGUARD AND PROTECT THE PARTICIPANT FROM THE RISKS AND THE DANGERS AND HAZARDS OF THE ACTIVITIES, AND NEGLIGENCE IN ANY RESCUE OPERATIONS ANY RELEASEE MAY UNDERTAKE;
I HEREBY RELEASE, FOREVER DISCHARGE AND COVENANT NOT TO SUE each of the Releasees from, against and in respect of any and all Claims and I further agree that if, despite this Agreement, I or anyone on my behalf, or anyone on behalf of the Participant or the Participant’s next-of-kin, makes any claim against any of the Releasees, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY AND ALL LITIGATION EXPENSES, LEGAL FEES, LAWSUITS, LIABILITIES, CLAIMS, DEMANDS, LOSSES, DAMAGES, COSTS, EXPENSES AND OTHER CLAIMS which any Releasee may incur as a result of that claim, inclusive of all costs, expenses, legal fees and disbursements on a solicitor and own client basis, associated with both the defence and any settlement or compromise of any such lawsuits, liabilities, claims, demands, losses, damages, costs, expenses and other claims.
I HEREBY AGREE TO INDEMNIFY, SAVE AND HOLD HARMLESS the Releasees from and against any and all liability, including, without limitation, litigation expenses and legal fees and disbursements on a solicitor and own client basis, for any property damage or personal injury to the Releasees or any of them or to any third party resulting from the Participant’s participation in the Activities;
4. ADDITIONAL TERMS OF THE AGREEMENT
(a) I ACKNOWLEDGE, agree and represent that I am of lawful age and legally competent to sign this Agreement and that I have full legal authority to act on behalf of the Participant;
(b) I AGREE that this Agreement, and any rights, duties and obligations as between the parties to this Agreement, shall be governed by and interpreted solely in accordance with the laws of the Province of Alberta and no other jurisdiction;
(c) I AGREE that any litigation involving the parties to this Agreement shall be brought solely within the Province of Alberta and shall be within the exclusive jurisdiction of the Courts of the Province of Alberta; and
(d) I AGREE that if any term or provision of this Agreement is determined by a court or other appropriate authority to be invalid, void or unenforceable for any reason, the remainder of its terms and provisions shall, to the greatest extent permitted by law, remain in full force and effect and shall in no way be affected, impaired or invalidated.
I HAVE READ AND UNDERSTAND THIS AGREEMENT IN ITS ENTIRETY AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AGREE TO BE BOUND BY THIS AGREEMENT AND I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR THE PARTICIPANT OR MY CHILD, SPOUSE, HEIRS, NEXT-OF-KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES. I HAVE SIGNED THIS AGREEMENT FREELY AND WITHOUT INDUCEMENT, DURESS, OR UNDUE INFLUENCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY OF THE CRC AND OTHER RELEASEES TO THE GREATEST EXTENT ALLOWED BY LAW.
Today's Date: December 6, 2023