1. I am the Parent/Guardian of the Participant and have full legal responsibility for the decisions of the Participant.
2. For the purpose, and in consideration, of the Participant’s participation in the sport of basketball and related activities, including, without limitation, games, practices, try-outs, Free Play Time (as defined below) tournaments, lessons, house league, training, conditioning programs, boot camps, services provided and events sponsored or organized (collectively, the “Activities”) by Maple Bear Rep Basketball, Inc. and its officers, directors, agents, contractors, employees, coaches, instructors, trainers, volunteers, members and representatives (all hereafter collectively referred to as “Maple Basketball”), the undersigned being the Participant’s Parent/Guardian (the “Parent/Guardian”) acknowledges and agrees to the following terms outlined in this Agreement:
3. Description of Risk:
I understand and acknowledge that the Participant’s participation is subject to various risks, including without limitation:
a. 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 resulting from, but not limited to, the following: executing strenuous and demanding physical techniques, physical exertion, overexertion, stretching, dehydration, fatigue, cardiovascular workouts, rapid movements and stops, lack of fitness or conditioning, traumatic injury, bacterial infections, rashes, and the transmission of communicable diseases, including viruses of all kinds.
b. Maple Basketball may promote or encourage individual training programs or home training which have similar foreseeable and unforeseeable risks to in-person Activities; b. Maple Basketball may promote or encourage individual training programs or home training which have similar foreseeable and unforeseeable risks to in-person Activities;
c. Maple Basketball may be unaware of the Participant’s fitness or abilities, health and psychological conditions, may misjudge weather or environmental conditions, may give incomplete warnings or instructions, and the equipment being used might malfunction;
d. contact with, basketballs, other equipment, poles, stands, nets, fences, or other persons, whether intentional or unintentional, is a common part of Activities, and may lead to serious bodily injury, including but not limited to concussions and/or other brain injury, or serious spinal injury, paralysis and loss of life.
e. exposure to defective, dangerous or unsafe condition of the facilities; falls; collisions with objects, walls, equipment or persons; dangerous, unsafe, or irregular conditions on various types of surfaces.
f. travel to Activities within and outside of the Province of Ontario has inherit risks. Maple Basketball does not provide advice on the means of travel to Activities. All travel, and associated risks, are the sole responsibility of the Parent/Guardian.
g. Activities may take place at a location or locations other than normal course premises. Such other locations may expose the Participant to dangerous terrain and extreme changes in weather or temperatures, which may result in heatstroke, sunstroke, or hypothermia and, if applicable, remoteness of location can result in poor communications and inability to get rescue or medical assistance quickly or easily. In an unfamiliar location, the Participant may become lost, get off course or be separated from the rest of the party.
I freely accept and fully assume all of the Participant’s risks, dangers and hazards and the possibility of the Participant’s personal injury, death, property damage, expense and other losses resulting there from or from acts or omissions, including negligence of Maple Basketball.
4. Medical Matters:
I confirm that Maple Basketball does not represent that any of its personnel has any level of medical training that would provide assistance to an injured person. Moreover, Maple Basketball does not maintain medical equipment or apparatus (including but not limited to Epi-pens) which could assist an injured or ill Participant. In the event that Maple Basketball is provided with any medical apparatus by or on behalf of a Participant, Maple Basketball makes no representation or warranty that any Maple Basketball personnel have the skill or training to operate such medical apparatus appropriately to assist any person or to prevent further injury. It is the Parent/Guardian’s sole responsibility to assess whether any Activities are too difficult for the Participant. By the Participant commencing the Activities, the Parent/Guardian acknowledge and accept the suitability and conditions of the Activities. If the Parent/Guardian observes any hazard or risks, the Parent/Guardian will remove the Participant from the Activities and bring this to the attention of Maple Basketball. The Parent/Guardian is solely responsible for the choice of any protective equipment for the Participant. No medical, health, travel or other forms of insurances are provided by Maple Basketball. The Parent/Guardian is solely responsible for any health, medical, dental or other insurance for the Participants.
5. Release of Liability, Waiver of Claims and Indemnity Agreement:
IN CONSIDERATION OF MAPLE BASKETBALL ALLOWING THE PARTICIPANT’S PARTICIPATION IN THE ACTIVITIES, I AGREE: (I) I AM NOT RELYING ON ANY ORAL OR WRITTEN STATEMENTS MADE BY MAPLE BASKETBALL, WHETHER IN A BROCHURE OR ADVERTISEMENT OR IN INDIVIDUAL CONVERSATIONS, TO AGREE FOR THE PARTICIPANT TO BE INVOLVED IN THE ACTIVITIES; (II) TO WAIVE ANY AND ALL CLAIMS THAT I HAVE OR MAY HAVE IN THE FUTURE AGAINST MAPLE BASKETBALL AND TO RELEASE, HOLD HARMLESS AND INDEMNIFY MAPLE BASKETBALL FROM ANY AND ALL LIABILITY FROM ANY INJURY, LOSS, DAMAGE, COST, LIABILITY, OR EXPENSE THAT I OR THE PARTICIPANT MAY SUFFER AS A RESULT OF PARTICIPATION IN THE ACTIVITIES DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF MAPLE BASKETBALL; AND (III) TO RELEASE, INDEMNIFY AND HOLD HARMLESS ANY AFFILIATED MAPLE BASKETBALL COMPANY OR OTHER PERSON AFFILIATED WITH MAPLE BASKETBALL INCLUDING THOSE PERSONS WHICH OWN PROPERTY USED FOR ANY ACTIVITIES. I AGREE TO ASSUME FULL RESPONSIBILITY FOR ANY DAMAGE CAUSED BY THE PARTICIPANT TO ANY PERSON, PROPERTY, GYM, PREMISE OR EQUIPMENT.
6. Photo and Video Release:
I authorize Maple Basketball to use the name and/or any photograph(s) and/or videos that are taken of the Participant while participating in Activities for promotional materials, social media posts, media articles and other similar purposes.
7. Player Dismissal and Release
Dismissal times from Activities will be communicated to Parent/Guardian by Maple Basketball in advance of the schedules Activities. It is the responsibility of the Parent/Guardian to ensure that the Participant is picked up, or appropriate arrangements are made for the Participant to be picked-up, at the end of each Activity. The pickup location should be reached by the Parent/Guardian at least five (5) minutes prior to the conclusion of the scheduled Activity. On occasion, additional time will be provided at the conclusion of the Activity for free or structured play time (“Free Play Time”) after the Participant is dismissed. Parent/Guardian must be present for the duration of Free Play Time and is free to leave with the Participant at any time. Maple Basketball cannot guarantee supervision of the Participant during Free Play Time or any time after dismissal from the scheduled Activity and may not monitor the Participants leaving after the scheduled Activity. I hereby waive any claims and agree to release and indemnify and hold harmless, as further outlined in section 5 above, Maple Basketball from any and all liability for the health, safety and well-being of the Participant after dismissal from the scheduled Activity.
The Parent/Guardian acknowledge that they have read this Agreement and understand it, that they have executed this Agreement voluntarily, and that this Agreement is to be binding upon themselves, the Participant, their heirs, their spouses, parents, guardians, next of kin, executors, assigns, administrators and legal or personal representatives.
9. I, and the Participant, will comply with the rules of Maple Basketball and the facility being used for the Activities.
10. The Province of Ontario shall be the governing law for the matters set out herein.
11. This Agreement contains the entire understanding between the Parties relative to the matter hereof and supersedes all prior representations and agreements, if any, between Maple Basketball and the Parent/Guardian.
12. If any provision of this Agreement is declared invalid or unenforceable, then such provision shall be severed from this Agreement and construed to reflect the closest lawful interpretation of the parties’ original intent, and the remaining provisions of this Agreement shall remain valid, enforceable and binding/
DATE: June 10, 2023