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CALGARY ROWING CLUB

DECLARATION AND WAIVER OF LIABILITY

2024 to 2025 ROWING - ADULTS

 



DECLARATION AND RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS

AND INDEMNITY AGREEMENT

(this “Agreement”)

BY SIGNING THIS AGREEMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING

THE RIGHT TO SUE.

PLEASE READ CAREFULLY

This Agreement is required in order 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.

IN CONSIDERATION of 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, for myself, and my heirs, next-of-kin, executors, assigns, administrators, trustees and representatives, irrevocably agree as follows:

1.ACKNOWLEDGMENT AND ASSUMPTION OF RISKS

I ACKNOWLEDGE, agree and represent that both now and throughout my participation in the Activities:

(a) I am participating in the Activities freely and willingly;

(b) I am in good health and I am medically fit for participation in the Activities and without limiting the generality of the foregoing, I do not suffer from a heart condition or other ailment that participation in the Activities could aggravate;

(c) I am physically capable and fit to participate in the Activities and I have no medical conditions or needs other than those listed below and I will notify my instructor or coach, as the case may be, of any physical limitations I might have or modifications I might need to participate in any Activities;

(d) I am able to swim 100 metres immediately after which I can tread water for 15 minutes and/or I hold the Bronze Cross/Medallion in swimming;

(e) I am responsible for my own safety and will participate in the Activities within the limits of my abilities and if at any time I believe that any of the Activities or the conditions in which any Activities are taking place are unsafe or beyond my abilities or if I become fatigued, I will immediately cease to participate in the Activities;

(f) The CRC may collect and use my personal information for administrative purposes;

(g) The CRC is granted permission, without further compensation, to photograph and/or record my image and/or voice and to use the my name 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;

(h) The CRC may post articles, rosters, statistics, and results containing my name and likeness on the CRC website without further compensation or permission;

(i) I will at all times obey all safety rules of the CRC and will follow the instructions of coaches during the Activities;

(j) The CRC prohibits the use of alcohol, cannabis or non-prescription drugs prior to and during the Activities and I will not participate in the Activities while under the influence of or after having used alcohol, cannabis or non-prescription drugs;

(k) 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;

(l) I am not relying on any oral or written statements made by the Releasees, whether in brochures, advertisements or in individual conversations to lead me to become involved in the Activities on any basis other than the assumption by me of the Risks, as defined herein below; and

(m) 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;

xxxvi. other risks normally associated with participation in the Activities.

(collectively, the “Risks”);

I FULLY UNDERSTAND THAT THE RISKS MAY BE CAUSED BY MY 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 ME 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 I suffer or incur as a result of my 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 me 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 me by persons who may be in attendance;

I IRREVOCABLY AGREE TO PAY THE COST OF ANY MEDICAL ATTENTION OR SERVICES RENDERED TO ME or for my benefit while participating in Activities, or thereafter, including, without limiting the generality of the foregoing, any emergency evacuation of my 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 I have now or in the future may have for any and all liability for any loss, damage, expense or injury, including death, that I or any of my next-of-kin may suffer arising from my 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 ME 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, 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 my 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;

(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 MY 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.

 

Signed this day: May 23, 2024

First Participant's Name

First Name*

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First Participant's Date of Birth*
First Participant's Information
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Second Participant's Name

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Third Participant's Name

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Fourth Participant's Name

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Fifth Participant's Name

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Sixth Participant's Name

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Seventh Participant's Name

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Eighth Participant's Name

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Ninth Participant's Name

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Tenth Participant's Name

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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

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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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