By signing this waiver you are entering an agreement with yourself on behalf of you and/or any minors involved AND the Wood Buffalo Sport Connection of 44 Pacific Cresent, Fort McMurray, AB, T9H 2K4 (hereinafter the "WBSC")
WHEREAS the WBSC offers various indoor and outdoor sporting programs (collectively referred to as the "Activities");
AND WHEREAS the Activities have inherent risk of property damage, injury and/or death to the Participant;
AND WHEREAS notwithstanding these risks the Participant and/or Legal Guardian wants to enroll into the Activities offered by WBSC;
IN CONSIDERATION of the Participant being allowed to engage in the Activities the Parties hereby acknowledge and agree to the following:
1. ACKNOWLEDGEMENT OF RISK:
The Parties understand and acknowledge:
a) The Actvities have a foreseeable and unforeseable inherent risks, hazards and dangers that no amount of care, caution or expertise, inlcuding but not limited to, the potential for damage to personal property, personal injury, dismemberment, permanent disability, paralysis, or even death;
b) That the WBSC has a difficult task to ensure safety and it is not infallible. The WBSC may be unaware of the Participant fitness or abilities, may give incomplete warning and/or instruction, may misjudge weather or other environmental conditions, and the equipment being used might malfunction.
c) That the novel coronavirus and all its various strains (hereinafter "COVID-19), has been declared a worldwide pandemic by the World Health Organization and that COVID-19 is extremely contagious. That while WBSC has put in place preventative measure to reduce the spread of COVID-19, it cannot and does not guarantee that the Participant will not become infected with the virus. That by participating in any group actively and sports may significantly increase the Participants risk of contracting COVID-19 and that such exposure may result in temporary or permanent personal injury, illness, disability, or death.
2. TERMS:
a) I am the Legal Guardian of the Participant or the Participant and I have full legal responsibility for the decisions and actions of the Participant.
b)That the Participant's mental and physical condition is appropriate to participate in the Activities;
c) The Participant will comply with all rules and regulations for participation in the Activities;
d) The Participant will comply with the rules of the facility or equipment;
e) That if the Participant observes an unusual hazard or risk the Participant will remove themselves from participation and bring such hazard or risk to the attention of the WBSC immediately;
f) That the Participant shall not engage in any Activities if they are impaired in any way;
g) It is my responsibility to assess whether the Activities are too difficult for the Participant and that should a Participant commence in the Activities it will be deemed that I have acknowledged and accepted the suitability and conditions of the Activities.
3. RELEASES:
In consideration of WBSC allowing the Participant to participate in the Activities I hereby agree to the following:
a) General Release:
I hereby release WBSC, its directors, officers, shareholders, employees, assistants, members and agents from any and all liability, claims, suits, actions, loss, injury or damage of any nature or kind, which the Participant may suffer, including specifically, but not without limitation, damage to personal property, personal injury, dismemberment, permanent disability, paralysis, or even death, while participating in the Activities even if it arises due to the negligence wholly or in part of WSBC.
b)Transportation and Supervision Release:
I acknowledge that I shall be responsible for the transportation of the Participant to and from the sports facility. I further acknowledge that it is my responsibility to both drop off and pick up the Participant on time both at the beginning and at the end of the Activities. Should any peril come to the Participant due to my failure, no matter the cause, to drop off and/or pick up the Participant on time, including but not limited to injury, death, abduction, becoming lost or missing, I hereby release WBSC, its directors, officers, shareholders, employees, assistants, members and agents from any and all liability, claims, suits, actions, loss, injury or damage of any nature or kind, which the Participant may suffer as a result.
c) Photo and Video Release:
I grant WBSC the rights to the image, likeness and voice of the Participant (collectively the "Likeness") as recorded on audio or video tape or any other similar medium without payment or any other consideration. I give permission to WBSC to use of the Likeness of the Participant for any lawful purpose in perpetuity. I understand that the Likeness may be edited, copied, exhibited, published or distributed and I waive the right to inspect or approve the finished product where the Likeness of the Participant appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the Likeness of the Participant. I hereby release WBSC its directors, officers, shareholders, employees, assistants, members and agents from any and all actions, claims and demands of any nature arising now or in the future related to the rights granted above to the use Likeness of the Participant.
4. INDEMNIFY AND HOLD HARMLESS:
I further agree that if I or anyone on my behalf makes a claim against WBSC, its directors, offices, shareholders, employees, assistants, members or agents that I will indemnify, save, and hold harmless each of the released parties from any lawyer fees, loss, liability, damage or cost which may be incurred as a result of such claim.
5. MEDICAL CONSENT:
I authorize WBSC or its agents to secure any such medical advice and/or services that it, in its sole discretion, may deem necessary for the Participants health and safety and I shall be financially responsible for any such advice and/or service provided.
6. GENERAL:
a) Independent Legal Advice:
The Legal Guardian has been given an opportunity to seek independent legal advice PRIOR to the execution of this agreement.
b) Entire Agreement:
This Agreement constitutes the entire Agreement between the parties and there are no oral statements, representations, warranties, undertakings or agreements between the parties modifying the provisions of this Agreement with regard to any term of the Agreement.
c) Headings:
The headings in this Agreement are inserted for convenience or reference only and shall not affect the construction or interpretation of this Agreement.
d) Governing Law:
This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Alberta and no other jurisdiction. Any litigation involving the parties to this Agreement shall be bought solely within the Province of Alberta and shall be within the exclusive jurisdiction of the Courts of the Province of Alberta
e) Binding Nature:
This Agreement shall be effective and binding upon and be enforceable by and enure to the benefit of the parties, heirs, successors and assigns.
f) Severability:
Any provision of this Agreement which is invalid or unenforceable may be severed and such severance shall not effect the validity or enforceability of any other provision or covenant contained herein.
g) Contra Proferentem:
The parties agree that the doctrine of Contra Proferentem shall not apply to this Agreement.
