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Release of Liability, Waiver of Claims and Indemnity Agreement (Jun 29, 2020) &

Personal Information Protection Act (PIPA) (Oct 2020)

(To be executed by Participants over 18 years old)

Updated: June 29, 2020

ALBERTA GYMNASTICS FEDERATION

RELEASE OF LIABILITY, WAIVER OF CLAIM AND INDEMNITY AGREEMENT

WARNING! Please read carefully

By signing this document, you will waive certain legal rights – including the right to sue

1. This is a binding legal agreement. Clarify any questions or concerns before signing. As a participant in the sport of gymnastics and the spectating, orientation, instruction, activities, competitions, programs, and services of Alberta Gymnastics Federation and Athabasca Flips Gymnastics (collectively the “Activities”), the undersigned acknowledges and agrees to the terms outlined in this document.

Disclaimer

2.  Alberta Gymnastics Federation and Athabasca FLIPS Gymnastics Cluband their respective Directors, Officers, committee members, members, employees, coaches, volunteers, officials, participants, agents, sponsors, owners/operators of the facilities in which the Activities take place, and representatives (collectively the “Organization”) are not responsible for any injury, personal injury, damage, property damage, expense, loss of income or loss of any kind suffered by a Participant during, or as a result of, the Activities, caused in any manner whatsoever including, but not limited to, the negligence of the Organization.

  I have read and agree to be bound by paragraphs 1 and 2. 

I Agree

Description and Acknowledgement of Risks

3. I understand and acknowledge that

a) The Activities have foreseeable and unforeseeable inherent risks, hazards, and dangers that no amount of care, caution or expertise can eliminate, including without limitation, the potential for serious bodily injury, permanent disability, paralysis, and loss of life.

b) The Organization may offer or promote online programming (such as webinars, remote conferences, workshops, and online training) which have different foreseeable and unforeseeable risks than in-person programming.

c) The Organization has a difficult task to ensure safety and it is not infallible. The Organization may be unaware of my fitness or abilities, may misjudge weather or environmental conditions, may give incomplete warnings or instructions, and the equipment being used might malfunction; and

d) The Organization has put in place preventative measures to reduce the spread of contagions; however, the Organization cannot guarantee that I will not become infected by a contagion. Further, participating in the Activities could increase my risk of exposure and/or illness from infectious disease and contagions.

 

4. I am participating voluntarily in the Activities. In consideration of my participation, I hereby acknowledge that I am aware of the risks, dangers and hazards associated with or related to the Activities. The risks, dangers and hazards include, but are not limited to:

a) Contracting COVID-19 or any other contagious disease.

b) Privacy breaches, hacking, technology malfunction or damage.

c) Executing strenuous and demanding physical techniques and exerting and stretching various muscle groups.

d) Vigorous physical exertion, strenuous cardiovascular workouts and rapid movements.

e) The failure to properly use any piece of equipment or from the mechanical failure of any piece of equipment or apparatus.

f) Failure to follow instructions or rules.

g) Spinal cord injuries which may render me permanently paralyzed.

h) Serious injury to virtually all bones, joints, ligaments, muscles, tendons, and other aspects of my body or to my general health and well-being.

i) Abrasions, sprains, strains, fractures, or dislocations.

j) Concussion or other head injuries, including but not limited to, closed head injury or blunt head trauma.

k) Physical contact with other participants, spectators, equipment, and hazards.

l) Collisions with walls, any gymnastics apparatus, floors or mats.

m) Falling, tumbling, or hitting any gymnastics apparatus, the floor, mats, or other surfaces.

n) Physical contact with other participants (including spotters).

o) Not wearing appropriate safety or protective equipment.

p) Failure to act safely or within my own ability or designated areas.

q) Negligence of other persons, including other spectators, participants, or employees.

r) Travel to and from competitive events and associated non-competitive events which are an integral part of the Activities; and

s) Negligence on the part of the Organization, including failure by the Organization to take reasonable steps to safeguard or protect me from the risks, dangers and hazards associated with my participation in the Activities.

 I have read and agree to be bound by paragraphs 3 and 4. 

I Agree

Terms

5. In consideration of the Organization allowing me to participate in the Activities, I agree:

a) That when I practice or train in my own space, I am responsible for my surroundings and the location and equipment that I select.

b) That my mental and physical condition is appropriate to participate in the Activities and I assume all risks related to my mental and physical condition.

c) That I may experience anxiety while challenging themselves during the Activities.

d) To comply with the rules and regulations for participation in the Activities.

e) To comply with the rules of the facility or equipment.

f) That if I observe an unusual significant hazard or risk, I will remove myself from participation and bring my observations to a representative of the Organization immediately.

g) The risks associated with the Activities are increased when I am impaired, and I will not participate if impaired in any way.

h) That it is my sole responsibility to assess whether any Activities are too difficult for me. By commencing an Activity, I acknowledge and accept the suitability and conditions of the Activity.

i) That COVID-19 is contagious in nature and I may be exposed to, or infected by, COVID-19 and such exposure may result in personal injury, illness, permanent disability, or death; and

j) That I am responsible for my choice of safety or protective equipment and the secure fitting of that equipment.

 Release of Liability and Disclaimer

6. In consideration of the Organization allowing me to participate, I agree:

a) That the sole responsibility for my safety remains with me.

b) To ASSUME all risks arising out of, associated with, or related to my participation.

c) That I am not relying on any oral or written statements made by the Organization or its agents, whether in a brochure or advertisement or in individual conversations, to agree to participate in the Activities.

d) To WAIVE any and all claims that I may have now or in the future against the Organization.

e) To freely ACCEPT AND FULLY ASSUME all such risks and possibility of personal injury, loss of life, property damage, expense, and related loss, including loss of income, resulting from my participation in the Activities.

f) To FOREVER RELEASE the Organization from any and all liability for any and all claims, demands, actions, damages (including direct, indirect, special and/or consequential), losses, actions, judgments, and costs (including legal fees) (collectively, the “Claims”) which I have or may have in the future, that might arise out of, result from, or relate to my participation in the Activities, even though such Claims may have been caused by any manner whatsoever, including but not limited to, the negligence, gross negligence, negligent rescue, omissions, carelessness, breach of contract and/or breach of any statutory duty of care of the Organization;

g) To FOREVER RELEASE AND INDEMNIFY the Organization from any action related to my becoming exposed to or infected by COVID-19 as a result of, or from, any action, omission or negligence of myself or others, including but not limited to the Organization;

h) That the Organization is not responsible or liable for any damage to my vehicle, property, or equipment that may occur as a result of the Activities.

i) That negligence includes failure on the part of the Organization to take reasonable steps to safeguard or protect me from the risks, dangers and hazards associated with the Activities; and

j) This release, waiver and indemnity is intended to be as broad and inclusive as is permitted by law of the Province of Alberta and if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect.

 Jurisdiction

7. I agree that in the event that I file a lawsuit against the Organization, I will do so solely in the Province of Alberta and further agree that the substantive law of the Province of Alberta will apply without regard to conflict of law rules.

I have read and agree to be bound by paragraphs 5 to 7. 

I Agree

Acknowledgement

8. I acknowledge that I have read and understand this agreement, that I have executed this agreement voluntarily, and that this agreement is to be binding upon myself, my heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legal or personal representatives. I further acknowledge by signing this agreement I have waived my right to maintain a lawsuit against the Organization on the basis of any claims from which I have released herein.

Signed on: October 14, 2024


First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email
Check to receive information, news, and discounts by e-mail.
A signed copy of this waiver will be sent to the email address you provide.
Personal Information Protection Act (PIPA)

Updated: October 2020

Terms

Your personal information such as Name, Date of Birth, Gender, Address, Phone, and Email will be protected and managed in accordance with the PIPA and made available only to the staff of the Gymnastics Club and Alberta Gymnastics Federation (pertaining to any information related to Alberta Gymnastics Federation Membership, this includes but not limited to emails for special events, live broadcasting, video, results, website, noticeboards, advertising, photos, social media platforms, funding, and Team Alberta requirements). Non- identifying information will be provided to Gymnastics Canada and the Alberta Sport Connection.

Gymnastics Club Name: Athabasca FLIPS Gymnastics Club

Personal Information/Photo/Video Release

To send information (Pertaining to Alberta Gymnastics Federation Membership and the Gymnastics Club programs. This includes but not limited to emails, newsletters, special events, general information, fundraising, donation request, invoices, honorariums, Team Alberta, etc)*
YES, I give consent to section 1 (send information)
NO, I refuse consent to section 1 (send information)
2. To take pictures or video of me/my child during my/their participation in any program, and that these may be used for advertising, newsletters, noticeboards, website, live broadcast, special events, Team Alberta, and any social media platforms. (Gymnastics Club and Alberta Gymnastics Federation).*
YES, I give consent to section 2 (photos/video for advertising)
NO, I refuse consent to section 2 (photos/video for advertising)
3. To take pictures or video of me/my child during my/their participation in any program, and that these may be used for training purposes.*
YES, I give consent to section 3 (photos/video for training)
NO, I refuse consent to section 3 (photos/video for training)
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*
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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