Westside Recreation Centre has established the following expectations and provisions to mitigate the risk of operation during the Covid-19 pandemic:
- I will not come to the facility if I, or anyone in my household, is ill or exhibiting symptoms of illness
- I will not come to the facility if I, or anyone in my household, has been in close unprotected contact in the last 14 days with anyone who is being investigated or has been confirmed as having Covid-19
- I will comply with Westside Recreation Centre’s face covering requirements
- I understand the benefits of frequent handwashing and will thoroughly cleanse my hands prior to entering the facility; alcohol-based hand sanitizers will be available for my use before entering Westside, before and after using washroom facilities, and prior to departure
- I agree to adhere to current physical distancing requirements at all times; while I understand that this can add complexity to some activities, I recognize that physical distancing supersedes recreation participation
- I agree to basic illness prevention strategies including leaving the facility if I become unwell, covering coughs and sneezes, refraining from touching objects unnecessarily, and not sharing equipment
- I will follow all signage, wayfinding and directional routes
ADULT WAIVER AND MINOR PARTICIPANTS’ INDEMNITY
ATTENTION: READ CAREFULLY!
THIS AGREEMENT WILL AFFECT YOUR LEGAL RIGHTS
BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE. YOU WILL AGREE TO ASSUME RESPONSIBILITY FOR CERTAIN RISKS AND AGREE TO FULLY INDEMNIFY WESTSIDE REGIONAL RECREATION SOCIETY AGAINST LEGAL LIABILITY FOR INJURY, PROPERTY DAMAGE, ILLNESS AND DISEASE (INCLUDING COVID-19)
BY SIGNING THIS DOCUMENT YOU WILL ACKNOWLEDGE AND AGREE THAT TRANSMISSION OF COMMUNICABLE DISEASE (INCLUDING COVID-19) IS AN INHERENT RISK ASSOCIATED WITH YOUR USE OF WESTSIDE RECREATION CENTRE INCLUDING ITS EQUIPMENT AND AMENITIES AND WITH YOUR PARTICIPATION IN SPORTS, EVENTS AND ACTIVITIES AT WESTSIDE RECREATION CENTRE]
I, the undersigned Participant/Parent/Guardian, understand that this Agreement is a binding legal agreement. Any clarification or questions or concerns must be raised before signing.
I understand that this Agreement is made for the benefit of the Westside Regional Recreation Society (the “Organization”) and its directors, officers, agents, representatives, employees, volunteers, members, participants, spectators, independent contractors, subcontractors, sponsors, successors and assigns (collectively, the “Releasees”).
I understand that the Organization will not permit me or my minor child(ren) (collectively, the “Participants”) to participate in any sports, events or activities organized, offered, or sanctioned by the Organization (including but not limited to fitness classes, racquet sports, basketball, swimming, wall climbing, field sports, games, crafts, hockey and skating) (the “Activities”) unless and until this Agreement is signed by me. In consideration of permitting me and my minor child(ren) to participate in the Activities, I acknowledge and agree to the following terms:
1. ACKNOWLEDGMENT AND ASSUMPTION OF RISKS: I understand that there are many risks associated with my use of the Westside Recreation Centre and my participation in the Activities (the “Risks”). I UNDERSTAND THAT COVID-19 IS A SIGNIFICANT HEALTH RISK AND CARRIES A HIGH RISK OF TRANSMISSION THROUGH PHYSICAL OR SHARED CONTACT. I acknowledge that the Risks include, but are not limited to, serious personal injury, death, property damage, illness and disease (e.g. communicable diseases including COVID-19 and influenza). I further acknowledge that I am in the best position to assess the impact that a communicable disease may have on me, my children, or on others with whom I may transmit such disease. Examples of the Risks include, but are not limited to personal injury, death, property damage or illness resulting from:
- HEALTH: food and beverages, overexertion, dehydration, fatigue, traumatic injury, infections, rashes, and transmission of communicable diseases (including COVID-19 and influenza), bacteria, parasites or other organisms or mutations thereof.
- CONDUCT: my own conduct and conduct of other persons, including any physical altercation between persons.
- PREMISES: defective, dangerous or unsafe condition of the facilities; falls; collisions with objects, walls, equipment or persons; dangerous, unsafe, or irregular conditions on the field of play or other surfaces; extreme weather conditions; and travel to and from premises.
- EQUIPMENT: mechanical failure of the equipment; negligent design or manufacture of the equipment; the provision of or the failure by the Releasees to provide any warnings, directions, instructions or guidance as to the use of the equipment; failure to use or operate the equipment within my ability.
2. WAIVER OF CLAIMS AND RELEASE OF LIABILITY: I, the undersigned, hereby agree as follows:
- I hereby waive any and all claims that I have or may have in the future against the Releasees in connection with the Participants’ use of Westside Recreation Centre and with the Participants’ participation in the Activities; and
- I hereby release and forever discharge the Releasees from any and all liability for all loss, damage, expense, injury, death, property damage, illness or disease (e.g. communicable diseases including COVID-19 and influenza) that the Participants, I, our respective executors or administrators, or any other third party may suffer as a result of the Participants’ use of the Westside Recreation Centre or participation in the Activities due to any cause whatsoever, whether arising from the NEGLIGENCE of the Releasees, breach of any statutory or other duty (including but not limited to the Occupiers Liability Act, R.S.A. 2000, c. O-4), breach of contract, mistake or error of judgment of the Releasees, or otherwise.
3. INDEMNITY: I hereby agree to indemnify and hold harmless the Releasees from any and all damages, loss or expense (including legal costs) of any kind resulting from any and all claims, demands, causes of action of any kind whatsoever, including those involving negligence on the part of the Releasees, arising out of or connected with the Participants’ preparation for or participation in, or both, or travel to or from any of the activities, events and programs of the Releasees.] I hereby release and forever discharge the Releasees from any and all liability for all loss, damage, expense, injury, death, property damage, illness or disease (e.g. communicable diseases including COVID-19 and influenza) that the Participants, I, our respective executors or administrators, or any other third party may suffer as a result of the Participants’ use of the Westside Recreation Centre or participation in the Activities due to any cause whatsoever, whether arising from the NEGLIGENCE of the Releasees, breach of any statutory or other duty (including but not limited to the Occupiers Liability Act, R.S.A. 2000, c. O-4), breach of contract, mistake or error of judgment of the Releasees, or otherwise.
4. REPRESENTATIONS: I am not relying on any oral, visual or written representations or statements made by the Releasees with respect to the safety of the Activities other than what is set forth in this Agreement. I am responsible for the health and safety of the Participants while at Westside Recreation Centre. The Participants do not currently have, and will refrain from using Westside Recreation Centre or participating in the Activities if in the future the Participants have, or have reason to believe the Participants have, have been exposed to, or may expose others to, COVID-19 or other communicable, infectious or contagious diseases. The Participants will not attend Westside Recreation Centre or participate in the Activities if the Participants are experiencing any symptoms of illness, including cough, fever, shortness of breath or difficulty breathing, runny nose, stuffy nose, sore throat, headache, chills, fatigue, nausea, vomiting or diarrhea and I will notify Westside of the Participants’ illness.
5. JURISDICTION: I agree that this Agreement and all terms contained within are governed by the laws of the Province of Alberta. I hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Alberta. Any litigation in any way relating to the Activities or to the matters addressed in this Agreement must be instituted in the Province of Alberta.
6. SEVERABILITY: If any provision (or part of any provision) in this Agreement is unenforceable, such provision (or part of such provision) shall be severed and shall be inoperative, and the remainder of this Agreement shall remain in full force and effect.
I FREELY ACKNOWLEDGE THAT I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH OR RELATED TO THE ACTIVITIES AND I ACCEPT AND FULLY ASSUME RESPONSIBILITY FOR THE RISKS FOR ME AND MY MINOR CHILDREN. The Participants are being registered and participating in the Activities voluntarily and willingly.
January 30, 2023