GENERAL RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMINITY AGREEMENT
BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ CAREFULLY.
In this Agreement, the term “recreational activities” shall include all activities, programs, events, classes, and services provided, sponsored or organized by Haida Gwaii Regional Recreation Commission including but not limited to: games, tournaments, practices, intramurals, drop-in or registered programming, personal training, use of strength training and fitness conditioning equipment, machines and facilities, orientational or instructional sessions or lessons.
1. This is a binding legal agreement; therefore, clarify any questions or concerns before signing. As a Participant in Haida Gwaii Regional Recreation Commission programs and events for the year, the undersigned, being the Participant and/or the Parent/Guardian of the Participant (collectively the “Parties”) acknowledges and agrees to the following terms:
2. Haida Gwaii Regional Recreation Commission and its directors, officers, committee members, members, employees, volunteers, participants, agents and representatives (collective the “Organization”) are not responsible for any injury, personal injury, damage, expense, loss of income or loss of any kind suffered by a Participant during, or as a result of, any program, activity or event of the Organization, caused by the risks, dangers and hazards associated with the programs, activities and events of the Organization. I hereby remise, release, and forever hold harmless the Haida Gwaii Regional Recreation Commission from any and all liability for any damage to property of, or personal injury to, any third party resulting from my participation in the recreational programs and activities. In entering into this agreement, I am not relying on any oral, written or visual representations or statements made by the Haida Gwaii Regional Recreation Commission.
We have read and agree to be bound by paragraphs 1 and 2:
Description of Risks
3. The Participant is participating voluntarily in recreational activities of the Organization. In consideration of my participation, the Parties hereby acknowledge that they are aware of the risks, dangers and hazards associated with or related to the recreational activities of the Organization and may be exposed to such risks, dangers and hazards. The risks, dangers, and hazards include, but are not limited to:
a. Personal injury, death or loss which may result, directly or indirectly from my participation;
b. Health: overexertion, dehydration, fatigue, lack of fitness or conditioning, traumatic injury, bacterial infections, rashes and the transmission of communicable diseases, including viruses of all kinds, bacteria, parasites or other organisms or the mutation thereof;
c. Premises: defective, dangerous or unsafe conditions of the facilities, falls, collision with objects, walls, equipment or persons, dangerous, unsafe, or irregular conditions on surfaces, extreme weather conditions, travel to and from premises;
d. 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 within my own ability; and
3.Advice: negligent advice regarding recreational activities.
4. Furthermore, the Parties are aware:
a. That injuries sustained can range from moderate to severe;
b. That the Participant may experience anxiety while challenging themselves during activities;
c. That the Participant’s risk of injury is reduced if they follow all rules established; and
d. That the Participant’s risk of injury increases as they become fatigued.
Release of Liability
5. In consideration of the Organization allowing the Participant to participate, the Parties agree:
a. That the Participant’s physical condition has been verified by a medical doctor to participate in recreational activities of the Organization. The Participant will inform the Organization and any leaders or employees as required, of any medical, psychological, or physical conditions which may affect their ability to participate in any program or activity. Describe below all past and current conditions, how they affect you, symptoms of onset, and the causes or potential causes of onset.
b. 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 my participation in such recreational activities, events, and programs;
c. To forever release the Organization from any and all liability for any and all claims, demands, actions and costs that might arise out of the Participant’s participation in the activities, events, and programs of the Organization.
We have read and agree to be bound by paragraphs 3 -5
ASSUMPTION OF RISK: COVID-19 - BY AGREEING TO TERMS OF THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ CAREFULLY.
Dr. Bonnie Henry stated on May 16, 2020 that “COVID-19 is new for all of us”. We at Haida Gwaii Regional Recreation Commission responded to the direction from our public health officials to first close our facilities and cease offering services. We are now responding to the direction to reopen our facilities and offer services to our community cautiously, with the safety of our staff and community being our priority.
COVID-19 remains a worldwide pandemic and a threat to our local health and safety. We know the following (this list is not intended to be exhaustive):
- The infectious agent, SARS-CoV-2, has caused community transmission of a serious communicable and potentially fatal disease known as COVID-19 amongst the population of the Province of British Columbia;
- Our public health officials have determined this constitutes a regional event, as defined in section 51 of the Public Health Act;
- A person infected with SARS-CoV-2 can infect other people with whom the infected person comes into contact with; and
- The gathering of people in close contact with one another can promote the transmission of SARS-CoV-2 and increase the number of people who develop COVID-19.
We cannot be certain that a person (of any age) will not contract SARS-CoV-2 at one of our facilities and/or while participating in one of our programs, but we have taken the steps required to develop our COVID-19 Safety Plan, which is available for your review at www.hgrec.com/covid-19. We have also developed COVID-19 policies and procedures, which are available for your review here www.hgrec.com/covid-19. We have implemented our COVID-19 Safety Plan and will be applying our policies and procedures, but the risk remains that a COVID 19 outbreak could occur despite our best efforts.
It is vital that no person who feels sick in any way visit any of our facilities and/or utilize any of our services. We do not employ health professionals and do not screen for potential illness. It also vital that no person bring a child who is feeling unwell or showing any symptoms of illness to any of our facilities or programs. Again, we do not screen for the same.
For our camps and other programs for children, we will not be enforcing physical distancing amongst the children. We will be reducing the number of children in each program compared to our standard practices. We will emphasize hygiene and provide for handwashing as children begin and end their days in our programs. However, it is vital that children be permitted to play and this includes games where there will be touching (such as tag) and use of playground equipment. Most or all activities will take place outdoors. If your preference is solely for outdoor activity, please select a program for your child that provides the same.
Please note: If you or your child/ren are displaying symptoms of respiratory distress or illness, they will be asked not to participate.
It is vital that any person who believes that they may have become ill within 14 days of visiting one of our facilities and/or while taking part in one of our programs report this immediately to us by contacting the Recreation Coordinator at 250-626-5652 or firstname.lastname@example.org and seek appropriate medical attention by first calling 8-1-1. We will share personal information for the purposes of contact tracing if the need arises. To attend our facilities and/or take part in our programs, you must consent to the same.
Lastly, it is vital that we all be calm and compassionate throughout this pandemic. Any person who exhibits any aggression towards our staff or any other person in one of our facilities and/or programs will be asked to leave and not return.
If you would like more information regarding the risks associated with COVID-19, please review the BC CDC guidelines for recreation facilities: http://www.bccdc.ca/health-info/diseases-conditions/covid-19/community-settings/recreation-facilities.
We have read and agree to terms related to COVID-19
It is vital that any person who believes that they may have become ill or their child may have become ill within 14 days of visiting one of our facilities and/or while taking part in one of our programs report this immediately to us by contacting the Recreation Coordinator at 250-637-1192 or email@example.com and seek appropriate medical attention by first calling 8-1-1. We will share personal information for the purposes of contact tracing to the health authority if the need arises. To attend our facilities and/or take part in our programs and/or send a child to same, you must consent to the same.
6. 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, executors, administrators and representatives. It is agreed that this agreement will be governed by and interpreted in accordance with the laws of British Columbia and Canada, as applicable. I, the Participant, confirms that I am aged 19 years or older or if the Participant is below 19 years of age, I, the parent/legal guardian of the Participant signing consent to this agreement acknowledge and confirms that the applicant may participate in the recreational activities offered by the Organization. It is understood that this waiver will be retained by the Organization and is valid for all recreational activities offered in which I choose to participate.
Today's Date: June 28, 2022