· By signing this
Agreement, you will waive or give up certain legal rights including the right
to sue of negligence, breach of contract, breach of the occupiers’ liability
act or claim compensation following an accident
SECTION 1: Definitions
“Activity” includes all recreational or competitive activities,
attractions, events or services provided by the Releasees including Mini golf
“Activity Premises” means the area(s), Facility(s),
location(s), and venue(s) associated with the activity.
“Releasor” means the activity participant signing
this Agreement.
SECTION 2: Acknowledgment & assumption of Risks-
Please read carefully!
I AM AWARE THAT PARTICIPATING IN THE ACTIVITY INVOLVES MANY
ASSOCIATED RISKS, DANGERS AND HAZARDS,
including but not limited to: slipping, tripping, and falling; changing weather
conditions; variable and difficult terrain conditions; uneven and unmaintained
terrain, roads, driveways, walkways, stairs and ramps; marked and unmarked
obstacles; failure of or hidden defects in equipment; negligent first-aid;
negligence of other activity participants, the releasees, or the releasor,
including failure to follow applicable rules and procedures, and risks
resulting from the NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF ANY STATUTORY
DUTY OF CARE BY THE RELEASEES, AND THE FAILURE BY THE RELEASEES TO SAFEGUARD OR
PROTECT ME FROM, OR WARN ME OF, THE ACTIVITY’S RISKES, DANGERS AND HAZARDS. I
also understand that the other risks of participating in the Activity can
include exposure to the elements; dim or no exposure to light; exposure to
fire; exposure to natural and/or people-made objects; exposure to moving
objects; exposure to pollution; exposure to infectious disease, bacteria, or
viruses, including but not limited to COVID-19, that results in physical
distress, illness or death; as well as the risk of collision or impact with
other Activity participants, spectators, competitors, course officials,
equipment, objects, or vehicles; fatigue; intoxication; cold, sun or heat
exposure; encounters with wildlife, poison ivy, or insects/rodents; loss of
balance or control; and failure to act safely or within one; s owns ability or
to stay in designated areas.
I RECOGNIZE AND FREELY ACCEPT ALL RISKS, DANGERS, AND
HAZARDS ASSOCIATED WITH MY VOLUNTARY PARTICIPATION IN THE ACTIVITY AND ACCESS
TO THE ACTIVITY PRESMISES. I FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS
AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS
RESULTING THEREFORM
SECTION 3. RELEASE OF LIABILITY, WAIVER OF CLAIMS AND
INDEMNITY AGGREEMENT. THESE CONDITIONS WILL AFFECT YOUR LEGAL RIGHTS. - PLEASE
READ CAREFULLY!
IN CONSIDERATION OF THE RELEASEES PERMITTING MY ACCESS TO
THE ACIVITY PREMISES AND PARTICIPATION IN THE ACIVITY, and with the full
knowledge and understanding of the risks and dangers involved, I AGREE:
1.
TO GIVE UP CERTAIN LEGAL RIGHTS,
INCLUDING THE RIGHT TO SUE, THAT ARISE OR RESULT FROM, IN WHOLE OR IN PART,
ACCESSING THE Activity Premises and/or participating in Activity thereon;
2.
TO WAIVE ANY AND ALL CLAIMS that I
have or may in the future have against THE RELEASEES, and TO RELEASE
THE RELEASEES from any and all liability for any loss, damage, expense or injury
including death that I may suffer, or that my next of kin may suffer, as a
result of my participation in the Activity and access to the Activity and
access to the Activity Premises
DUE TO ANY CAUSE WHATSOEVER,
INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER
DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY
ACT ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES THE
FAILURE ON PART OF THE RELEASEES TO THE REASONABLE STEPS TO SAFEGUARD OR
PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITY
INCLUDING THOSE SPECIFICALLY REFERRED TO ABOVE.
3.
TO INDEMNIFY, DEFEND AND HOLD HARMLESS
the Releasees from any and all liability, including claims for contribution and
indemnity, for any damage to property of or personal injury to myself, my
family and/or next of kin, or any third party, resulting from the use of, or
presence on the Activity Premises including any activities undertaken thereon.
4.
AGREEMENT BINDING-This agreement
shall be effective and binding upon my heirs, next of kin, executors, administrators,
and representatives in the event of my death or incapacity.
5.
JURISDICTION AND CHOICE OF THE 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 Ontario and no other jurisdiction Any
litigation involving the parties to this Agreement shall be brought within the
Province of Ontario and shall be within the exclusive jurisdiction of the
Courts of the Province of Ontario;
6.
6. Severability – if any provision of
the Agreement is determined by a court of competent jurisdiction to be invalid,
illegal or unenforceable in any respect, such determination shall not impair or
affect the validity, legality or enforceability of the remating provisions
hereof, and each provision is hereby declared to be separate, severable and
distinct;
7.
NO OTHER REPRESENTATION- in entering
this Agreement, I am not relying on any oral or written representation, or
statements made by the Releasees other than what is in this Agreement; and
TERMS AND
CONDITIONS
By registering for a program or accepting a roster invite to
a team I am acknowledging and agreeing to the following Terms & Conditions:
1.
I have the skills, abilities, and training
necessary for the safe use of the equipment, facilities, and to participate in
the Activity. If I have any questions about the skills, abilities or training
necessary, I will direct my questions to MARKET SPORTS INC. any determination
made regarding my participation in the Activity is determined by me or in consultation
with my physician, and I shall not rely on any statements or omissions from
Market Sports.
2.
I am aware of and acknowledge reading and
knowing all the Policies and Procedures relating to Market Sports Activities,
facilities and/or equipment. I understand that the safe and proper use of the
facilities, equipment or participation in the activity is dependent upon
carefully following Market Sports Policies and Procedures. I agree to abide by
the policies and procedure of Market Sports, and acknowledge that I have read, understood,
and will abide by the rules of the Activity as outlined by Market Sports.
3.
I acknowledge that I have the physical fitness
to engage in the Activity. I agree to remove myself from the Activity if I
sense or observe any unusual hazard or unsafe condition or feel unable or unfit
to safely continue participating in the Activity.
4.
I understand and acknowledge that slips, trips,
falls and collisions occur, and injuries are common and ordinary occurrence of
Market Sports Activities. I also understand and acknowledge that risks, dangers,
and hazards can exist throughout the Activity Premises and that hazards may be
unmarked. I agree to read all posted signs, marking and warnings or, if unable
to, seek assistance to ensure I understand all posted signs, markings and
warnings posted around the Activity Premises.
5.
I accept sole responsibility for my personal
possessions and athletic equipment and acknowledge that Market Sport is not
responsible for any lost, stolen, or damaged property.
6.
Market Sports attempts to ensure that all
Activity Premises are safe and suitable for play. The majority of Market Sports
games are self- officiated and thus a Market Sports representative is often not
present at games. Therefore, it is the responsibility of the captains and all
participants to inspect the playing area prior to playing their game to ensure
it is safe for play and to make their own decision regarding personal safety in
terms of a scheduled Activity Premises, playing style and transportation to a
Market Sports League/ Event.
7.
I understand that if it is reported by the
League Ambassador or an opponent that I have behaved in an unsporting manner or
have not played by the Policies, Procedures, or rules, that I could be
suspended or ejected from Market Sports, with No refund. I further acknowledge
that Market Sports reserves the right to revoke my involvement at any time for
any reason.
8.
I authorize and consent to photographs and/or
video being taken/recorded of me while participating in the Activity or while
accessing the Activity Premises. I further authorize and consent to the
publication of the photographs and/or video for advertising, promotion and
marketing purposes.
9.
I authorize Market Sports to collect and use
personal information about me for the purpose of receiving communications
(newsletters, publication’s, announcements, invitations and other new
information) from Market Sports and posting articles of interest, newsletters,
promotions, statistics, images, and results on Market Sports Website. This
consent is following the Personal Information Protection and Electronic
Documents Act (“PIPEDA). I understand that I may withdrawal. All the above
information will not be shared with any third parties.
10.
In accordance with Rowans Law, I will review the
provincial Concussion Awareness resources at least once a year.
11.
By participating in activities at Market Sports
Inc, I agree to be bound by the terms set out.
The
league is intended for fun, everyone is expected to display proper
sportsmanship during matches. Respecting opponents, teammates, playing by the
rules, accepting game decisions. We ask that everyone refrains from abusive
language and demonstrates positive behaviour. Unsportsmanlike conduct will not
be tolerated. Players that do not follow proper sportsmanship or behavior will
be removed from the league without a refund.
If there
are any questions or disputes throughout the league, please contact Brianna on
site, or any facility worker for clarification.
PRINT FIRST & LAST NAME OF
PARTICIPANT ______________________________________________
PARTICIPANTS SIGNATURE /SIGNATURE OR GUARDIAN___________________________________
_________________________________
DATE