The 3BA

3BA SPORTS PARTICIPATION WAIVER AND INFORMED CONSENT (the “Waiver and Informed Consent”)

TO THE PARTICIPANT AND THE PARENT: READ THIS DOCUMENT CAREFULLY.

In return for the Participant being allowed to play in the 3BA and participate in activities in connection with the 3BA league, the Parent and the Participant, on behalf of themselves and their Related Persons (as defined below), consent and agree to the following terms. The term “Related Persons” shall mean a Parent’s or Participant’s heirs, assigns, executors, administrators, next of kin and other persons acting or claiming to act on their behalf.

Acknowledgement of Participation Risks. There are inherent risks that come with participating in 3BA practices, games, events or other 3BA related activities. Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken. For example, the 3BA may test Participant’s physical limits, which creates an inherent risk of physical injury. Other inherent risks include contact or collision with other persons or objects, head injury, inadequate or negligent first aid or emergency measures, weather-related hazards, and natural hazards. Participant and Parent understand and acknowledge that any of these risks, and others not specifically listed here, could cause injuries that may be minor (for example, scrapes, bruises, sprains, nausea, cuts), serious (for example, broken bones, fractures), or catastrophic (for example, rare occurrences of permanent disabilities or death). The Participant and the Parent accept that they have personal responsibility for any and all costs and expenses, damages, liability, and other losses that Participant, Parent or any Related Persons may incur in connection with the risks described above.

1. Participant Acknowledgements. Parent and Participant acknowledge that the following statements are true and accurate:
   1. Participant and Parent have consulted with Participant’s own doctor to ensure that his/her participation with the 3BA will not pose any unusual risks to his/her health and well-being;
   2. Participant is in good condition physically and has not been advised or cautioned against participation in the 3BA by his/her doctor or any other medical practitioner; and
   3. Parent and Participant authorize the Released Parties (as defined in below) to secure emergency medical care or transportation (i.e., EMS) for Participant when deemed necessary by the Released Parties at the sole cost of Parent and Participant.
2. Release and  Waiver.  For purposes of this Waiver and Informed Consent, (i) the term “Released Parties” shall mean the 3BA, and their respective coaches, trainers, managers, doctors and volunteers, and (ii) the term “Claims” shall mean any and all liability, lawsuits, causes of action and claims for damages, costs or expenses, whether past, present or future, and whether known or unknown.
   
   Parent and Participant, on their own behalf, and on behalf of their Related Persons, hereby knowingly, voluntarily and irrevocably and forever release, waive and discharge (and covenant not to sue), each and all of the Released Parties from (or with respect to), all Claims, including, but not limited to, Claims arising out of or in connection with death, personal injury, illness, disability, suffering of short-term or long-term health effects, or loss of or damage to property, which Parent, Participant and any Related Persons may have or hereafter accrue against any of the Released Parties as a result of or that relate in any way to (i) Participant’s exposure to illness (including, without limitation, COVID-19); (ii) Participant’s participation in activities related to the 3BA (including, without limitation, 3BA practices, games and events); (iii) Participant’s travel to or presence at 3BA events, practices, games, or other 3BA related activities; or (iv) any of the risks identified above in paragraphs 1 and 2 of this Waiver and Informed Consent. Parent and Participant understand that this release, waiver and covenant not to sue includes any Claims based on the negligence, action or inaction of any of the Released Parties and covers Claims of any sort, whether suffered before, during or after Participant’s participation in the 3BA.
    
3. Indemnity. Parent and Participant hereby agree to indemnify and hold harmless the Released Parties from any and all damages, loss or expense (including legal costs) of any kind resulting from any and all Claims of any kind whatsoever including those involving negligence on the part of the Released Parties arising out of or connected with the Participant's preparation for, or participation in, 3BA activities.
    

4. Refund Policy - After School Programming

   • Full refunds (excluding any credit card transaction fees) are available for any reason up to one week prior to the program start date

   • Refunds during this period will be processed within 5-7 business days

   • Partial Refund Period

     • If a participant withdraws between the period of one week prior to the start of the program until the date of Session 2 of the program:

       • A partial refund will be provided
       • An $80 administrative fee will be retained to cover program costs
       • Remaining balance (less any payment processing fees such as credit transaction fees) will be refunded within 5-7 business days

   • No Refund Period

     • No refunds will be provided for withdrawals after Week 2 of the program
     • This policy ensures fair compensation for reserved spots and program resources

   • Refund Process

   • All refund requests must be submitted in writing to [info@the3ba.com]
   • Processing time: 5-7 business days from approval
      
5. Governing Law. Parent and Participant agree that this Waiver and Informed Consent shall be governed by the laws of the Province of Ontario.
    
6. Severability. Parent and Participant agree that if any part of this Waiver and Informed Consent is declared illegal, unenforceable or ineffective to any extent, that part of the Waiver and Informed Consent shall be modified, if possible, in order to achieve the intentions of the parties, and, if necessary, that part of the Waiver and Informed Consent shall be severed from the rest of the Waiver and Informed Consent, so that all of the other provisions contained in this Waiver and Informed Consent shall remain valid and binding.

I affirm that I am the parent or legal guardian of the individual/Participant and I have the authority to give this authorization to his/her signing of and consent to the above Waiver and Informed Consent. I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS WAIVER AND INFORMED CONSENT. I understand its terms, including that Participant and I are giving up substantial legal rights. I understand that this Waiver and Informed Consent is a material inducement for Participant’s continued participation with the 3BA and that the 3BA and the other Released Parties are relying upon it. I also agree that no promises, statements or inducements contrary to anything contained in this Waiver and Informed Consent have been made by any of the Released Parties. I acknowledge that Participant and I have had the opportunity to seek legal advice regarding this Waiver and Informed Consent from a lawyer of my choice.