SIX PARK ATHLETIC CENTRE. LTD, PARTICIPANT AND ARBITRATION AGREEMENT, INDEMNIFICATION, GENERAL RELEASE AND ASSUMPTION
BY AGREEING TO THE TERMS AND CONDITIONS SET HEREIN, YOU ARE GIVING UP YOUR LEGAL RIGHTS INCLUDING THE RIGHT TO BRING A LAWSUIT IN COURT AND/OR HAVE THE CLAIM DECIDED BY A JURY
BY SIGNING THIS AGREEMENT, I AM GIVING UP MY RIGHTS AND THE RIGHTS OF MY SPOUSE AND/OR CHILD(REN) TO SUE SIX PARK FOR ANY INJURY, INCLUDING PARALYSIS OR DEATH, CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR FAULT OF SIX PARK, INCLUDING ANY OF ITS OWNERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, VOLUNTEERS, PARTICIPANTS, CONTRACTORS, SUPPLIERS, AGENTS AND REPRESENTATIVES.
I understand and accept the risks associated with SIX PARK activities, including the possibility of physical or emotional injury, paralysis, death, and property damage. I understand that this agreement applies not only to use of the courts, but also all other equipment, and all activities and events at SIX PARK Facility. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. Specific risks of SIX PARK use and activities include cuts and bruises, muscle and joint sprains and strains, broken bones, equipment failure, falling off of equipment, participants falling or landing on each other. I acknowledge that I have the prerequisite skills, physical abilities and training necessary for the proper and safe use of the equipment and facilities. I acknowledge and agree that the staff at SIX PARK may provide guidance and instructions however I will not rely on statements from SIX PARK and will consult my physician on the proper use of equipment, activities and participation in events and programs. I VOLUNTARILY ACCEPT AND ASSUME ALL OF THE RISKS ASSOCIATED WITH ALL ACTIVITIES AT SIX PARK AND I CHOOSE TO PARTICIPATE DESPITE THE RISKS.
I agree to GIVE UP MY RIGHT TO SUE SIX PARK for any damage, expense, physical or emotional injury, paralysis, or death that I or my family or estate may suffer as a result of my participation in SIX PARK and all other activities, DUE TO ANY CAUSE WHATSOEVER, including SIX PARK’s negligence, the failure to warn or protect me from risks, breach of contract, breach of any other duty of care, or breach of the Occupiers’ Liability Act, R.S.O. 1990, c. O.2. I agree to waive any and all claims that I have or may have in the future against SIX PARK, and to RELEASE SIX PARK FROM ANY AND ALL LIABILITY for any damage, expense, injury, or death.
I understand that this waiver applies to all activities that I participate in at SIX PARK including but not limited to Basketball/Volleyball/Soccer/Pickleball/Weight Training. I also acknowledge that this waiver is binding and enforceable and will remain in effect for any future visits to SIX PARK ATHLETIC CENTRE.
“SIX PARK” reserves the right any photographs or video productions taken of at recreational events or match outings and may be used by “SIX PARK” for purposes of promotional material including brochures, posters, newsletters, media information, advertisements, audio-visual productions and web pages, such as the company website and social media. Photographs or video productions may also be shared with community and partners for promotion.
I agree that if any portion of this Agreement is found to be void, unenforceable, or inapplicable, the remaining portions shall remain in full force and effect.
I confirm that I have read or have had sufficient opportunity to read this entire Agreement, have understood the terms of this Agreement, and AGREE TO BE BOUND by the terms of this Agreement.
In this Agreement, SIX PARK” means (SIX PARK ATHLETIC CENTRE LTD
.), affiliates, employees, agents, directors and/or officers.