ADULT WAIVER AND MINOR PARTICIPANTS’ INDEMNITY
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 PARTICIPATION IN SPORTS, EVENTS AND ACTIVITIES AT WESTSIDE RECREATION CENTRE
I, the undersigned Participant/Parent/Legal 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 risks associated with a Participant's use of the Westside Recreation Centre and participation in the Activities. I acknowledge that 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 the Participants or on others with whom they may transmit such disease. 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: the conduct of the Participants 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 the Participants 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 or any Participants 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, 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, 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 Participant's preparation for or participation in, or both, or travel to or from any of the Activities, events and programs of the Releasees.
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.
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/OR MY MINOR CHILD(REN).
THE PARTICIPANTS ARE BEING REGISTERED AND PARTICIPATING IN ACTIVITIES VOLUNTARILY AND WILLINGLY.
I CERTIFY THAT I AM THE AGE OF MAJORITY (18 YEARS OF AGE OR OLDER) IN THE PROVINCE OF ALBERTA. I CONFIRM THAT I HAVE HAD SUFFICIENT TIME TO READ THIS AGREEMENT IN ITS ENTIRETY, INCLUDING ALL OF ITS TERMS, THAT I FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT AND HAVE AGREED TO THE TERMS FREELY AND VOLUNTARILY. I FURTHER AGREE THAT MY LEGAL DEPENDANTS ARE SUBJECT TO ALL TERMS OF THIS DOCUMENT AS SET FORTH ABOVE. I UNDERSTAND THAT THIS AGREEMENT IS BINDING ON ME, MY LEGAL DEPENDANTS, OUR EXECUTORS AND ADMINISTRATORS.