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Toronto eFoil Academy Inc. Participant Agreement

For Adults (18 years old or older)

  • As a condition of participation, you must complete this form and agree to the waiver, and terms and conditions
  • All adults must complete this form themselves, in their own name. You cannot complete it on behalf of your spouse/partner.
  • For minors, a parent/guardian must agree on behalf of their children under 18 years old, using the other Participant Waiver for Minors.

PARTICIPANT WAIVER

WARNING! By signing this document you will assume certain risks and responsibilities. Please read carefully.

1. This is a binding legal agreement. Clarify any questions or concerns before signing by emailing fly@torontoefoilacademy.ca. As a Participant in the spectating, orientation, instruction, activities, programs, and services of Toronto eFoil Academy Inc. that may include, efoiling, winging, standup paddle boarding and things incidental to those sports such as swimming, riding in or operating a power boat, etc. (collectively the “Activities”), the undersigned, being the Participant acknowledges and agrees to the following terms:


Age of Participant

2. The Participant hereby certifies that they are eighteen (18) years of age or older at the time of signing this Waiver.

Disclaimer

3. Toronto eFoil Academy Inc., their respective, directors, officers, 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, property damage, death, expense, loss of income, damage or loss of any kind suffered by the Participant during, or as a result of, the Activities.

I have read and agree to be bound by paragraphs 1-3:

I Agree


Description of Risks

4. The Participant understands and acknowledges that:

  1. 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;
  2. 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; and
  3. The Organization has a difficult task to ensure safety and it is not infallible. The Organization may be unaware of the Participant’s fitness or abilities, may give incomplete warnings or instructions, may misjudge weather or environmental conditions, and the equipment being used might malfunction.

5. The Participant is participating voluntarily in the Activities. In consideration of that participation, the Participant hereby acknowledges that they are aware of the risks, dangers and hazards and may be exposed to such risks, dangers and hazards. The risks, dangers and hazards include, but are not limited to:

  1. Executing strenuous and demanding physical techniques;
  2. Vigorous physical exertion, strenuous cardiovascular workouts and rapid movements;
  3. Exerting and stretching various muscle groups;
  4. The failure to properly use any piece of equipment or from the mechanical failure of any piece of equipment;
  5. Spinal cord injuries which may render the Participant permanently paralyzed;
  6. Serious injury to virtually all bones, joints, ligaments, muscles, tendons and other aspects of the Participant’s body or to the Participant’s general health and well-being;
  7. Abrasions, sprains, strains, fractures, dislocations, lacerations or punctures;
  8. Concussion or other head injuries, including but not limited to, closed head injury or blunt head trauma;
  9. Physical contact with other participants, spectators, equipment, and hazards;
  10. Not wearing appropriate safety equipment when required or recommended, such as a life jacket and helmet;
  11. Failure to act safely or within the Participant’s ability or within designated areas;
  12. Equipment failure;
  13. Drowning;
  14. Negligence of other persons, including other spectators, participants, or employees;
  15. Privacy breaches, hacking, technology malfunction or damage;
  16. Weather conditions, including rapidly changing conditions, high winds and conditions which may result in hypothermia; and
  17. Travel to and from competitive events and associated non-competitive events which are part of the Organization’s Activities.

I have read and agree to be bound by paragraphs 4-5:

I Agree


Terms

6. In consideration of the Organization allowing the Participant to participate in the Activities, the Participant agrees:

  1. That the Participant’s mental and physical condition is appropriate to participate in the Activities and the Participant assumes all risks related to the Participant’s mental or physical condition;
  2. To comply with the rules and regulations for participation in the Activities;
  3. To comply with the rules of the course, facility, or equipment;
  4. That if the Participant observes an unusual significant hazard or risk, the Participant will remove themselves from participation and bring such to the attention of an Organization representative immediately;
  5. That the Organization does not undertake to provide health, accident, disability, hospitalization, personal property or other insurance for the Participant and the Participant affirms that they have ascertained appropriate insurance to protect themself;
  6. The risks associated with the Activities are increased when the Participant is impaired and the Participant agrees not to participate if impaired in any way;
  7. That when the Participant practices or trains in the Participant’s own space, the Participant is responsible for the surroundings and the location and equipment that they select;
  8. That it is the Participant’s sole responsibility to assess whether any Activities are too difficult for themself. By commencing an Activity, the Participant acknowledges and accepts the suitability and conditions of the Activity; and
  9. That the Participant is responsible for the choice of their safety equipment, if required or recommended, and the secure fitting of the safety equipment.


Release of Liability and Indemnity

7. In consideration of the Organization allowing the Participant to participate, the Participant agrees:

  1. That the Participant is not relying on any oral or written statements made by the Organization or their agents, whether in brochure or advertisement or in individual conversations, to agree to be involved in the Activities;
  2. To freely accept and fully assume all such risks, dangers and hazards, and possibility of personal injury, death, property damage, expense and related loss, including loss of income, resulting from the Participant’s participation in the Activities and travel to and from the Activities; and
  3. To save harmless and to indemnify the Organization from any and all liability for any property damages or personal injury to any third party resulting from their participation in the club Activities.


General

8. The Participant agrees that in the event of a dispute with the Organization about any and all matters addressed in this Waiver, the Participant agrees that the applicable jurisdiction is the Province of Ontario and further agrees that the substantive law of Ontario shall apply without regard to conflict of law rules.

9. The Participant agrees that if any part of this Participant Waiver is deemed to be unenforceable, they agree that such provision shall be severable and the remaining provisions shall continue to be in full force and effect.

I have read and agree to be bound by paragraphs 6–9:

I Agree

 

Acknowledgement

10. The Participant acknowledges 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, their heirs, their spouses, parents, guardians, next of kin, executors, administrators and legal or personal representatives. The Participant further acknowledges by signing this agreement they have waived the right to maintain a lawsuit against the Organization on the basis of any claims from which they have released and/or agreed to indemnify the Organization herein.

I have read and agree to be bound by paragraph 10:

I Agree


First Participant's Name
First Name*
Middle Name
Last Name*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
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Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
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Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
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*
Middle Name
Last Name*
Phone*
Parent or Guardian's Date of Birth*
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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