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Agility Sports - Facility Participant - WAIVER AND RELEASE OF LIABILITY

Welcome to Agility Sports! These Terms of Use (“Terms“) are a contract between you (the "Participant," "Parent/Guardian," or "Team Manager," if applicable) and 15995710 Canada Inc. (“Agility Sports “ or “we“) and govern your access to and use of any Agility Sports facility, program, experiences, events, services, recordings (“Activities”), and/or website, mobile application or content (the “Site“), and/or products made available through Agility Sports. Please read these Terms carefully before accessing and using the Facility. By signing this waiver, you (the "Participant," "Parent/Guardian," or "Team Manager," if applicable) agree to the terms and conditions outlined below.


Acknowledgment of Risks

I understand and acknowledge that participation in sports, fitness activities, or recreational use of the Facility involves risks, including but not limited to:

  • Physical Injuries: Including but not limited to sprains, fractures, concussions, or other injuries.
  • Health Risks: Including dehydration, overexertion, or other exercise-related conditions.
  • Equipment-Related Risks: Including but not limited to failure of equipment or improper use of equipment.
  • Environmental Factors: Including wet or slippery floors, weather conditions (if activities are conducted outdoors), or other environmental hazards.

 Assumption of Risk

I voluntarily assume all risks, whether foreseen or unforeseen, associated with participation in activities at the Facility. I agree that my participation is entirely voluntary, and I am aware of the potential risks and dangers involved.

Release of Liability

To the fullest extent permitted by law, I hereby release and discharge Agility Sports, its employees, agents, owners, and affiliates from any and all liability, claims, demands, or causes of action that may arise from my use of the Facility, including but not limited to:

  • Injury, illness, or death.
  • Damage to, theft of, or loss of personal property.
  • Any other claims arising out of negligence, gross negligence, or intentional misconduct, except for those caused by the Facility’s willful misconduct.

Medical Fitness and Consent

I certify that I am physically fit, have sufficiently prepared for the activities I will participate in, and have no medical conditions that would put me at risk during participation.

I authorize the Facility and its staff to seek medical attention on my behalf in the event of an emergency, understanding that I will bear any associated costs.

No Alcohol or Tobacco Policy: The undersigned acknowledges that no alcohol, tobacco products, or related substances are permitted on the premises of Agility Sports. Violation of this policy may result in immediate removal from the facility and possible suspension of access to the premises.

Compliance with Rules

I agree to comply with all rules, instructions, and policies established by Agility Sports, including those related to safety, equipment use, and conduct. I understand that failure to comply may result in my removal from the Facility without refund.

Indemnification

I agree to indemnify and hold harmless Agility Sports from any and all claims, actions, damages, or expenses (including legal fees) that may arise from my participation or conduct at the Facility, whether caused by my actions, omissions, or negligence.

Parental Consent (If Applicable)

If the Participant is under the age of 18, this waiver must be signed by a parent or legal guardian. The parent/guardian agrees to all terms herein on behalf of the minor and accepts full responsibility for the minor’s participation.

Team Manager’s / Coach’s Acknowledgment (If Applicable)

If signing on behalf of a team, the Team Manager / Coach acknowledges and agrees:

  • To accept all terms of this waiver on behalf of their team members / trainees.
  • To ensure each team member or their legal guardian has reviewed and understood this waiver.
  • To be responsible for compliance with Facility rules and regulations by all team members.

 Media Release

I grant permission to Agility Sports to use photographs, videos, or other media featuring me (or my child or team, if applicable) for promotional, educational, or informational purposes without compensation or further consent.

Governing Law

This waiver is governed by the laws of the Province of Ontario and any disputes arising from this waiver or use of Agility Sports will be resolved exclusively in the courts of Ontario.

Severability

If any provision of this waiver is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.

Acknowledgment of Understanding

By signing this waiver, I confirm that I have read and understood its terms, and I am signing it freely without coercion. I understand that by signing this document, I am waiving substantial legal rights, including the right to sue Agility Sports for injuries or damages arising from my participation.


WAIVER

15995710 CANADA INC. (AGILITY SPORTS) IS NOT RESPONSIBLE FOR THE QUALITY OF ANY ACTIVITIES PROVIDED. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE ACTIVITIES OR RECOMMENDATIONS AVAILABLE ON OR THROUGH THE SITE ARE RIGHT FOR YOU.

YOU UNDERSTAND THAT THERE ARE CERTAIN INHERENT RISKS AND DANGERS IN EXERCISING AND THAT THE ACTIVITTIES YOU MAY ATTEND OR PARTICIPATE IN OFFER A RANGE OF ACTIVITIES AND INTENSITY LEVELS. BY USING AGILITY SPORTS (INCLUDING BUT NOT LIMITED TO BOOKING A FACILITY OR ATTENDING, PARTICIPATING IN AN ACTIVITIES), YOU ACKNOWLEDGE AND AGREE, ON BEHALF OF YOURSELF, YOUR HEIRS, PERSONAL REPRESENTATIVES AND/OR ASSIGNS THAT YOU ARE AWARE OF THESE RISKS WHICH INCLUDE, BUT ARE NOT LIMITED TO, PROPERTY DAMAGE, ILLNESS, LOSS AND BODILY INJURY OR DEATH. YOU ACKNOWLEDGE THAT SOME OF THESE RISKS CANNOT BE ELIMINATED AND YOU SPECIFICALLY ASSUME THE RISK OF INJURY OR HARM.

YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL PRIOR TO USING AGILITY SPORTS (INCLUDING BUT NOT LIMITED TO ATTENDING, PARTICIPATING IN AN ACTIVITIES) AND TO DETERMINE IF AND HOW PARTICIPATING IS APPROPRIATE FOR YOU.

YOU ALSO UNDERSTAND AND AGREE THAT THE SITE OFFERS FITNESS AND RELATED INFORMATION THAT IS DESIGNED FOR INFORMATIONAL, EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. NOTHING STATED OR POSTED ON OR OTHERWISE AVAILABLE THROUGH ANY ASPECT OF THE SITE AND/OR A CLASS IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. YOU SHOULD NOT RELY ON ANY INFORMATION ON OR THROUGH THE SITE AND/OR ACTIVITIES AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR FITNESS LEVEL, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR HEARD ON OR THROUGH THE SITE AND/OR ACTIVITIES. THE USE OF ANY OF THE CONTENT, RECOMMENDATIONS AND INFORMATION PROVIDED ON OR THROUGH AGILITY SPORTS IS SOLELY AT YOUR OWN RISK.

THE SITE IS CONTINUALLY UNDER DEVELOPMENT AND AGILITY SPORTS MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN RESEARCH MAY IMPACT THE FITNESS OR RELATED ADVICE THAT APPEARS ON OR IN CONNECTION WITH THE SITE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE OR RECOMMENDATIONS CONTAINED IN OR THROUGH THE SITE AND/OR ACTIVITIES WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

THEREFORE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, INDEMNIFY, AND HOLD HARMLESS AGILITY SPORTS, ITS PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL RESPONSIBILITY, CLAIMS, ACTIONS, SUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES AND LIABILITIES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN OR USE OF THE SITE AND/OR ATTENDANCE AT, PARTICIPATION IN, PURCHASE OF AND/OR USE OF ANY ACTIVITIES) INCLUDING BUT NOT LIMITED TO WITH RESPECT TO BODILY INJURY, PHYSICAL HARM, LOSS, ILLNESS, DEATH OR PROPERTY DAMAGE.


I Agree
that I have Read and understood the waiver in full.


For Team's Managers ONLY.

I Agree
 that I am signing this waiver on behalf of a Team / Academy as a Manager.

 


First Participant's Name
First Name*
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
Information
Name of Team / Academy (Optional)
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Information
Name of Team / Academy (Optional)
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Information
Name of Team / Academy (Optional)
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Information
Name of Team / Academy (Optional)
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Information
Name of Team / Academy (Optional)
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Information
Name of Team / Academy (Optional)
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Information
Name of Team / Academy (Optional)
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Information
Name of Team / Academy (Optional)
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Information
Name of Team / Academy (Optional)
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Information
Name of Team / Academy (Optional)
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
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
First Name*
Last Name*
Relationship*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Information
Name of Team / Academy (Optional)
Parent or Guardian's Signature*
Electronic Signature Consent*
 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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