ASSUMPTION OF RISK, WAIVER OF CLAIMS, AND RELEASE OF LIABILITY AGREEMENT (“Release Agreement”) BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT. This is a binding legal agreement. Please clarify any questions or concerns before signing. If the signor is a parent or guardian of the Participant, please educate the Participant on all elements, including risks, dangers, and hazards, before completing this form. All Participants are required to assume such knowledge in this Agreement. Definitions "Activity" or "Activities" shall include all orientation, training, instruction, supervision, competitions, programs, services, and use of facilities and equipment which are organized, provided, controlled, or conducted by CSI Pacific and its affiliated organizations. "Canadian Sport Institute (CSI Pacific)" refers to collectively to any of CSI Pacific’s present and future officers, members, directors, employees, coaches, volunteers, servants, agents, affiliates, independent contractors, owners/operators of the facility in which the Activities take place (collectively CSI Pacific). "Participant" refers to the individual Athlete, Coach, or Official (as named in this document). Risks The Participant fully understands and acknowledges that there are inherent risks, hazards, and dangers associated with all Activities and that no amount of care, caution, or expertise can eliminate, including without limitation, the potential for serious bodily injury, including mental injury, permanent disability, paralysis, dismemberment, and death. These risks (collectively the "Risks") include: 1. Health: executing strenuous and demanding physical techniques; physical exertion; over exertion; stretching; dehydration; fatigue' cardiovascular workouts; rapid movements and stops; lack of fitness or conditioning; traumatic injury; sprains and fractures; spinal cord injuries; bacterial infections; rashes; and the transmission of communicable diseases including viruses of all kinds, COVID-19, bacteria, parasites, or other organisms or any mutation thereof. 2. Premises: defective, dangerous, or unsafe condition of the facilities; dangerous, unsafe, or irregular conditions; and travel to and from the premises. 3. Use of equipment: mechanical failure of the equipment; negligent design or manufacture of the equipment; the provision of, or the failure by, CSI Pacific to provide any warnings, directions, instructions, or guidance as to the use of the equipment; failure to wear safety or protective equipment; and failure to use or operate equipment within the Participant’s own ability. 4. Advice: negligent advice regarding the Activities or touching the Participant for the purposes of teaching or executing skills and or testing procedures. 5. Ability: failing to act safely or within the Participant’s own ability or within designated areas. 6. Privacy: breach by CSI Pacific of the Participant’s right to protection and privacy of personal information provided to CSI Pacific. Terms In consideration of CSI Pacific allowing the Participant to participate in the Activities, the Participant accepts the following terms: 1. The Participant acknowledges that itis their responsibility to consult a medical health practitioner prior to beginning any training or testing regimen. 2. The Participant agrees to comply with the rules and regulations for participation in the Activities and use of equipment. 3. The Participant accepts that it is their sole responsibility to assess whether any Activities are too difficult. By commencing an Activity, the Participant acknowledges and accepts the suitability and conditions of the Activity. 4. The Participant asserts that their mental and physical condition is appropriate to participate in the Activities. The Participant assumes all risks related to the Participant’s mental and physical condition. 5. The Participant agrees that they will only access Activities free from impairment, illness or contagious disease including but not limited to COVID-19. 6. The Participant acknowledges by participating in an Activity they may be exposed infectious diseases (e.g. COVID-19 or other infections) and such exposure may result in personal injury, illness, permanent disability, or death. 7. CSI Pacific has endorsed the Responsible Coaching Movement and the "Rule of Two", both of which serve to protect minor Participants in potentially vulnerable situations by limiting one-on-one interactions between CSI Pacific and Participants. The Participant acknowledges that exceptions to the Rule of Two may be made for medical emergencies and professional practices (Medical, Nutrition, Counselling, Physiological Testing, etc) that involve Participant consent. 8. The Participant will act in accordance with a harassment- and abuse-free environment as outlined by the Universal Code of Conduct for Maltreatment in Sport (UCCMS) and CSI Pacific Policies. The Participant will avoid any conduct or action that disparages CSI Pacific including publishing written or oral statements or remarks that are damaging to the integrity, reputation, or good will of CSI Pacific. The Participant understands that if they do not abide by any provision of this Agreement, all privileges offered by CSI Pacific to the Participant may be terminated. 9. The Participant will notify the relevant CSI Pacific of any cancellations in writing or electronically at least 24 hours prior to scheduled appointment, unless due to emergency 10. That the Participant consents to participate in the Activities and may be informed of the nature of the activity prior to participation. Public Health Disclaimer The Participant agrees that CSI Pacific has the discretion to cancel or modify the structure of any Activities due to a public health or safety issue. The Participant agrees that CSI Pacific may implement and enforce guidelines for participation that may include adhering to protocols, signing declarations of compliance, or requiring that personal protective equipment be worn by Participants. CSI Pacific has the discretion to remove any Participant who does not comply with any policies or protocols, sign a declaration, or wear personal protective equipment. When required, the Participant is responsible for providing their own personal protective equipment. General Liability The Participant assumes all risks arising out of, associated with, or related to, participation in the Activities and waives all claims that the Participant may have now or in the future against CSI Pacific. The Participant accepts and fully assumes all such risks and possibility of personal injury, death, property damage, expense, and related loss, including loss of income, resulting from participation in the Activities. The Participant forever indemnifies and releases CSI Pacific 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 the Participant has or may have in the future, that might arise out of, result from, or relate to, participation in the Activities, even though such Claims may have been caused by any manner whatsoever, including but not limited to, CSI Pacific’s negligence, gross negligence, negligent rescue, omissions, carelessness, breach of contract and/or breach of any statutory duty of care of CSI Pacific. Governing Law This Agreement shall be governed by and is to be interpreted, construed, and enforced in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Electronic Signature Consent By signing below, 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 initialing below, you are waiving that right. After consent, you may, upon written request to CSI Pacific, 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 CSI Pacific in writing or by electronic mail that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that CSI Pacific has a current email address in order to contact you regarding any changes, if necessary. Counterparts and Electronic Delivery This Agreement may be executed and delivered in any number of counterparts, which when taken together shall constitute one and the same instrument. Delivery by electronic means of an originally executed signature page to this Agreement is as effective as personal delivery of such signature page. Acknowledgement The Participant acknowledges that they have had sufficient time to read and understand this Agreement, that they have executed this Agreement voluntarily, and that this Agreement is to be binding upon themselves, their heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legal or personal representatives. The Participant is aware that by signing this Agreement they are voluntarily waiving certain legal rights which they or their legal representatives may otherwise have against CSI Pacific.
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