ASSUMPTION OF RISKS AGREEMENT, RELEASE OF LIABILITY
WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
NOTE: BY AGREEING TO THIS DOCUMENT YOU WILL ASSUME RISKS AND WAIVE CERTAIN RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ CAREFULLY!!!
In consideration of The Love of the Game Basketball Inc. (the "Company") permitting the participation of (PLEASE PRINT FULL NAME)
______________________________________________________ (the "Participant") in a basketball clinic provided by the Company (the "Activity"), the Participant and where the Participant is a minor, the Participant’s parent or legal guardian (collectively the "Releasors"), hereby agree(s) as follows:
A. ASSUMPTION OF RISKS
1. The Releasors acknowledge and agree that the Participant’s participation in the Activity is purely voluntary.
2. The Releasors are aware of and understand the inherent risks, dangers, and hazards of the Activity and the Participant’s participation in the Activity and the potential for personal injury, death, property damage and/or loss. The Releasors freely accept and fully assume all risks of personal injury or death or damage to or loss of property, including without limitation those based upon, relating to, or caused, in whole or in part by (i) any lack of skill of the Participant or any other participant in the Activity or at the facility at which the Activity is held (the "Facility"), (ii) the inherent risks, dangers, and hazards of the Activity and, (iii) negligence on the part of the Company and its affiliates and related entities, as well as each of the shareholders, directors, officers, employees, volunteers, agents, representatives, sponsors, promoters, and advertisers of all the foregoing, and the organizers, promoters, sponsors, and/or advertisers of the Activity (collectively the "Releasees"), INCLUDING THE FAILURE BY ONE OR MORE OF THE RELEASEES TO SAFEGUARD OR PROTECT THE PARTICIPANT FROM THE RISKS, DANGERS, AND HAZARDS OF THE ACTIVITY (AS DEFINED ABOVE).
3. The Releasors understand and agree that in the event of injury to the Participant (i) none of the Releasees will be responsible for any decisions relating to the Participant’s medical treatment or the medical treatment itself, and (ii) without limiting the generality of the foregoing, the Releasees will not be obligated to assist, nor are the Releasees (or any of them) qualified medical professionals and where the Releasees (or any of them) do provide such assistance, the Releasees shall have no liability whatsoever in connection with such assistance.
4. By participating in the Activity, each of the Releasors grants its permission to the Releasees to take video and photographs of the Participant during the Activity, and grants an irrevocable, perpetual, assignable and sublicensable right to copyright and/or use, duplicate and/or circulate in any way they see fit, without restriction, the name, face, voice, and likeness of the Participant made through any media, for advertising, marketing, publicity, instructional or other purposes in connection with the Activity and/or the Facility and/or any related activity of any of the Releasees, without any notice, additional consideration, or compensation to the Releasors.
B. RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY
1. The Releasors agree TO WAIVE ANY AND ALL CLAIMS against one or more of the Releasees and to REMISE, RELEASE AND FOREVER DISCHARGE EACH AND EVERY ONE OF THE RELEASEES from any and all demands, losses, claims, costs, damages, expenses and liabilities for any loss, damage, expense or injury, including death, that the Releasors may suffer, as a result of the Participant’s participation in the Activity, howsoever arising, including NEGLIGENCE, BREACH OF CONTRACT, BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OWED UNDER APPLICABLE OCCUPIERS LIABILITY LEGISLATION, ON THE PART OF ONE OR MORE OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE BY ONE OR MORE OF THE RELEASEES TO SAFEGUARD OR PROTECT THE PARTICIPANT FROM THE RISKS, DANGERS, AND HAZARDS OF THE ACTIVITY (AS DEFINED ABOVE).
2. Each of the Releasors that is a parent or guardian agrees TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all actions, losses, claims, costs, damages, expenses and liabilities (including legal fees and court costs) which may be suffered or incurred by one or more of the Releasees arising out of or as a result of or relating in any manner whatsoever to any injury to persons (including injuries resulting in death) and/or loss of or damage to property, in connection with the participation of the Participant in the Activity, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
3. This release shall enure to the benefit of the respective heirs, next of kin, executors, administrators, legal personal representatives, successors and assigns of the Releasees and shall be binding on each of the Releasors and their respective heirs, next of kin, executors, administrators, legal personal representatives, successors and assigns.
1. The Releasors agree to abide by the rules, regulations, policies and procedures of the Facility as such may be established from time to time by Facility management and/or owners and agree to use the Facility and its equipment in a manner consistent with its intended use and application.
2. The Releasors acknowledge:
a. having been given full opportunity to read this agreement before agreeing to it;
b. having had full opportunity to ask any questions regarding the Activity; and
c. having read and understood this agreement (or where the Participant is a minor, having his/her parent or legal guardian read the agreement and explain it to the Participant).
3. The Releasors state that the Participant is in good physical condition, is physically fit to participate in the Activity and is not subject to any medical condition that may pose any risk of harm or disability to the Participant or others.
4. This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of the Province of Alberta, and the Releasors hereby consent to the exclusive jurisdiction of such courts.
5. This Agreement is meant to be liberally construed to protect those entities and individuals listed above to the fullest extent allowed by law. If any term of this Agreement, or the application to any person or circumstance, to any extent, is invalid or unenforceable, the remainder of this Agreement or the application of such provision to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected and each remaining term of this Agreement shall be separately valid and shall be enforceable to the fullest extent permitted by law.
6. If this Agreement is not agreed to by all the Releasors, this Agreement shall nonetheless be a legal and binding obligation of each Releasor who has agreed to this Agreement.
7. By clicking on the icon “I AGREE” below, the Participant consents and agrees to all of the terms and conditions of this Agreement.
I am the parent or legal guardian of the minor named above. I have the legal right to consent to and, by clicking on the icon “I AGREE” be, I hereby consent and agree to all of the terms and conditions of this Agreement.