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Canadian Underwater Games Association (CUGA) (The “Organizer”)

Adult Waiver - to be executed by Participants over the age of majority.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT (the “Agreement”)

WARNING: By signing this document, you will waive or give up certain legal rights, including the right to sue for negligence, breach of contract or breach of the Occupier’s Liability Act, or claim compensation following an accident. Please read carefully and clarify any questions prior to signing. Completed Waivers must be returned with registration or prior to attending any event of the Organizer’s.

In consideration of the opportunity to participate in the spectating, orientation, instruction, training, participation in the sports of UNDERWATER HOCKEY, UNDERWATER RUGBY and UNDERWATER FOOTBALL, related athletic disciplines, activities, programs, travel to and from competitive events and associated non-competitive events, including the services of and offered (the “Activities”) by CUGA its executive and directors, club members, volunteers, employees, coaches, officials, participants, owners/operators of the facilities in which the Activities take place, and representatives (collectively the “Organization”) the Participant acknowledges and agrees to the following terms:

Description and Assumption of Risks:

The Activities have both foreseeable and unforeseeable inherent risks, hazards and dangers that no amount of care, caution or expertise can eliminate, including but not limited to, the potential for serious bodily injury, sickness, permanent disability, paralysis, and loss of life. 

I, the Participant, understand and acknowledge that there are risks, dangers and hazards inherent in the Activities and related disciplines, those of which are particularly dangerous and hazardous given the inherent risks associated with water, which include without limitation (collectively, the “Risks”):

a. Collision or impact with equipment, other persons, or natural or man-made obstructions;

b. Swimming and other activities at a pool or surrounding area that are inherently dangerous;

c. Unwanted contact with projectile objects or equipment, including sticks, pucks and fins;

d. Physical contact, such as body contact or physical aggression from other participants;

e. Lacerations, friction burns, or contusions from equipment, other participants, or natural or man-made obstructions;

f. Improper use or failure of equipment;

g. Failure to properly adjust or fasten equipment and inadequate equipment;

h. Inadequate or irregular field of play conditions;

i. Slips, trips, falls or loss of balance;

j. The failure to act safely or within one’s own ability, specifically swimming or holding one’s breath for a prolonged period of time, or to stay within designated field of play areas;

k. Difficulty to control one’s speed or direction including sudden stops or changes in direction;

l. Exposed vents, grates, stairs, ladders, bulkhead, ramps, floor or side tiles, netting or goalposts, and other objects found in a pool, field of play area, or surrounding areas;

m. Negligence of other persons and participants; participants of varying skill levels;

n. A medical condition, whether known or unknown;

o. Strenuous and demanding physical exertion, strenuous cardiovascular workouts, overexertion, rapid movements, exertion and tension on various muscle groups which may cause serious injury to any/or all bones, joints, ligaments, muscles, tendons and other aspects of the Participants body;

p. Concussions or other related head injuries including but not limited to closed head injury or blunt head trauma;

q. Drowning, loss of consciousness, fainting, shallow water or hypoxic blackout;

r. Increased pressure on ear which can lead to a burst or damaged eardrum and full or partial hearing loss;

s. Negligent first aid; infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact;

t. And negligence on the part of the Organization. I understand that negligence includes the failure on the part of the Organization to take reasonable steps to safeguard or protect the Participant from or warn the Participant of the risks, dangers, and hazards of the Activities.

The Participant expressly and voluntarily assumes the Risks and the responsibility for any damages, liabilities, losses including loss of income, expenses, or any other related losses arising from the Risks as a result of the Participant’s participation in the Activities. 

I am aware of, freely accept and assume all risks, dangers, and hazards associated with the Activities or use of the facilities.


Terms and Attestation

The Participant attests, acknowledges and agrees:

a. The Participant is in good physical and mental condition to participate in the Activities, the Participant will comply with all rules and regulations for participation in the Activities, that it is the Participant’s sole responsibility to assess whether any Activities are too difficult for the Participant, the Participant is responsible for using mandated safety equipment as determined by the Organizers from time to time.

b. That the Organizer and Organization does not undertake to provide health, accident, disability, hospitalization, personal property or other insurance for the Participant.

Release of Liability and Waiver

The Participant waives any and all claims, demands, rights of action, or causes of action that they may have now or in the future against the Organization and covenants not to sue the Organization. 

The Participant forever releases the Organization from any and all liability to and from any and all claims, demands, actions, damages (including direct, indirect, special or consequential), losses, actions, judgements, settlements, and costs (inclusive of legal fees) (collectively, the “Claims”) which they have or may have in the future, that might arise out of, result from, or relate to participation in the Activities, caused by any manner whatsoever, including not limited to, negligence, negligent first aid or rescue, omissions, carelessness, breach of contract or of any statutory duty of care of the Organization, any failure on the part of the Organization to safeguard or protect the Participant from any or all Risks.

The Participant agrees that if, despite the Participant’s assumption of risk and release and waiver of liability, the Participant or anyone on the Participant's behalf, makes a claim against the Organization or any third party that claims indemnification from the Organization, the Participant will indemnify, save and hold harmless the Organization from any and all claims, liabilities, damages, losses, costs, settlement, including litigation costs on a solicitor client basis and expenses as a result of such claim, to the fullest extent permitted by law. 

Jurisdiction

The Participant agrees that this agreement is governed by the laws of the Province of British Columbia, Canada without regard to conflict of laws principles that would require the application of the laws of another Jurisdiction. The Participant irrevocably submits to the jurisdiction of the courts in the Province of British Columbia in relation to any matter related to this Agreement. 

If any portion of this Agreement is found to be void or unenforceable, all remaining provisions of this Agreement shall remain in full force and effect as drafted.

Acknowledgement

I CONFIRM I HAVE READ THIS AGREEMENT AND I AM AWARE THAT I AM WAIVING CERTAIN LEGAL RIGHTS I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE ORGANIZATION. I SIGN THIS AGREEMENT VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR WARRANTY BEING MADE TO ME. 

THIS AGREEMENT MAY BE EXECUTED AND DELIVERED BY ELECTRONIC MEANS. ELECTRONIC SIGNATURES SHALL BE DEEMED ORIGINAL SIGNATURES FOR ALL PURPOSES AND SHALL HAVE THE SAME LEGAL EFFECT AS ORIGINAL SIGNATURES.

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Information
What sport you primarily play?*
Select the club you consider your home club. If your Home Club is not listed choose Other from the dropdown and provide the club name in the text box.*

Please fill in this box ONLY if your club is not listed in the dropdown choices above.
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Information
What sport you primarily play?*
Select the club you consider your home club. If your Home Club is not listed choose Other from the dropdown and provide the club name in the text box.*

Please fill in this box ONLY if your club is not listed in the dropdown choices above.
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Information
What sport you primarily play?*
Select the club you consider your home club. If your Home Club is not listed choose Other from the dropdown and provide the club name in the text box.*

Please fill in this box ONLY if your club is not listed in the dropdown choices above.
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information
What sport you primarily play?*
Select the club you consider your home club. If your Home Club is not listed choose Other from the dropdown and provide the club name in the text box.*

Please fill in this box ONLY if your club is not listed in the dropdown choices above.
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information
What sport you primarily play?*
Select the club you consider your home club. If your Home Club is not listed choose Other from the dropdown and provide the club name in the text box.*

Please fill in this box ONLY if your club is not listed in the dropdown choices above.
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information
What sport you primarily play?*
Select the club you consider your home club. If your Home Club is not listed choose Other from the dropdown and provide the club name in the text box.*

Please fill in this box ONLY if your club is not listed in the dropdown choices above.
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information
What sport you primarily play?*
Select the club you consider your home club. If your Home Club is not listed choose Other from the dropdown and provide the club name in the text box.*

Please fill in this box ONLY if your club is not listed in the dropdown choices above.
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information
What sport you primarily play?*
Select the club you consider your home club. If your Home Club is not listed choose Other from the dropdown and provide the club name in the text box.*

Please fill in this box ONLY if your club is not listed in the dropdown choices above.
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information
What sport you primarily play?*
Select the club you consider your home club. If your Home Club is not listed choose Other from the dropdown and provide the club name in the text box.*

Please fill in this box ONLY if your club is not listed in the dropdown choices above.
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information
What sport you primarily play?*
Select the club you consider your home club. If your Home Club is not listed choose Other from the dropdown and provide the club name in the text box.*

Please fill in this box ONLY if your club is not listed in the dropdown choices above.
Parent or Guardian's Email Address

Email*

Confirm Email*
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
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*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Information
What sport you primarily play?*
Select the club you consider your home club. If your Home Club is not listed choose Other from the dropdown and provide the club name in the text box.*

Please fill in this box ONLY if your club is not listed in the dropdown choices above.
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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