ASSUMPTION OF RISK
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter referred to as the "Release Agreement")
PLEASE READ CAREFULLY!
This Release Agreement shall apply to all subsequent membership renewals.
BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
TO: NANAIMO PICKLEBALL CLUB and their respective directors, officers, employees, instructors, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors and assigns (hereinafter collectively referred to as the "Releasees").
ASSUMPTION OF RISKS
I am aware that participating in the sport of pickleball involves many risks, dangers and hazards including, but not limited to: collision with other persons or objects; being struck by a paddle; being hit by a ball; the risk of stroke, heart attack or other similar life threatening conditions caused by physical exertion; the risk of personal injury including, but not limited to, strains, sprains, fractures, brain injury, spinal cord injury including paraplegia or quadriplegia, or death; loss of balance or control; slips, trips and falls; negligent first aid; failure to act safely or within one’s own ability; negligence of other persons; and, NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees accepting my application for membership in the Nanaimo Pickleball Club and permitting my use of the facilities and premises provided by the Releasees (hereinafter "the premises"), I hereby agree as follows:
1. 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 sport of pickleball including, but not limited to, my use of the 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 ANY PROVINCIAL OCCUPIERS’ LIABILITY LEGISLATION ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES THE FAILURE ON PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE.
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property of or personal injury to any third party, resulting from my use of or presence on the premises;
3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction; and
5. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of British Columbia, and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.
6. The headings contained in this Agreement are for convenience only and do not limit the scope or intent of this agreement.
7. The undersigned participant hereby agrees to indemnify the Nanaimo Pickleball Club, associated directors and volunteers for all liability, expense, costs, damages, losses, claims, actions, causes of action incurred or suffered by reason of the undersigned participant’s breach of this Agreement.
8. Electronic acceptance of this agreement will have the same enforcement as if it had been signed.
In entering into this Release Agreement I am not relying upon any oral or written representations or statements made by the Releasees with respect to the safety of pickleball other than what is set forth in this Agreement.
I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
MEMBER’S RESPONSIBILITIES WHEN PLAYING AT CLUB EVENTS:
Application - all members while in attendance at club activities (“Participants”)
All Members of Nanaimo Pickleball Club agree to abide by the following points when entering club facilities and/or participating in club activities under the COVID-19 Response plan and RTP Protocol:
- I agree to symptom screening checks, and will immediately let the club know if I have experienced any of the symptoms in the last 14 days.
- I agree to stay home if feeling sick, and remain home for 14 days if experiencing COVID-19 symptoms.
- I agree to sanitize my hands upon entering and exiting the facility, with soap or sanitizer.
- I agree to sanitize the equipment I use throughout my play with approved cleaning products.
- I agree to continue to follow social distancing protocols of staying at least 2m away from others.
- I agree to not share any equipment during play times.
- I agree to social distance at all times both on and off the court and will inform others if they are not conforming to safe social distancing.
- I agree to abide by all of my Clubs COVID-19 Policies and Guidelines.
- I understand that if I do not abide by the aforementioned policies/guidelines, that I may be asked to not play in any Club sessions for up to 14 days to help protect myself and others around me.
- I acknowledge that continued abuse of the policies and/or guidelines may result in the temporary suspension of my Club membership.
- I acknowledge that there are risks associated with entering club facilities and/or participating in club activities, and that the measures taken by the club and participants, including those set out above and under the COVID-19 Response Plan and Return to Sport Protocols, will not entirely eliminate those risks.
NANAIMO PICKLEBALL CLUB - INDOOR PICKLEBALL PLAY AT OLIVER WOODS
ASSUMPTION OF RISKS AND OBLIGATIONS, RELEASE OF LIABILITY AND WAIVER OF CLAIMS
BY ACKNOWLEDGING AND ACCEPTING THIS AGREEMENT, THE UNDERSIGNED ASSUMES CERTAIN RISKS AND OBLIGATIONS AND AGREES TO WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION.
ACKNOWLEDGEMENT OF RISK
- The undersigned participant acknowledges and agrees that the RISK associated with participating in games of pickleball at Oliver Woods, in CONTRACTING COVID-19.
ACCEPTANCE OF RISK
- The undersigned participant accepts the RISK OF CONTRACTING COVID-19 by choosing to enter the Oliver Woods Community Center to participate in pickleball games.
OBLIGATIONS OF THE PARTICIPANT
- The undersigned participant will be required to strictly abide by any and all policies as set by and overseen and enforced by the Nanaimo Pickleball Club concerning the control of COVID-19.
- The undersigned participant is under an obligation to notify the Nanaimo Pickleball Club representative at that play session if they observe any other participant not strictly abiding to the COVID-19 prevention policies.
- The undersigned participant will not attend or use the courts if they are experiencing any symptoms of COVID-19, if they have been in immediate contact with anyone who is experiencing symptoms of COVID-19 or if they are otherwise under an obligation to self-isolate or remain under quarantine.
ACCEPTANCE OF OBLIGATIONS
The undersigned participant accepts his/her obligations under this Agreement and acknowledges that a breach of these obligations on their part could result in the temporary suspension of their membership for pickleball play as determined by the Nanaimo Pickleball Club Executive.
- The undersigned participant hereby waives and releases the Nanaimo Pickleball Club and associated directors and volunteers from any and all claims that the undersigned participant may have in the future for:
- any loss or damage the undersigned participant may suffer due to contracting COVID-19, including sickness or death as a result of entering the Oliver Woods Facility for purposes of pickleball play, or as a result of the Nanaimo Pickleball Club or its volunteers not enforcing any of the COVID-19 safety policies; and
- any removal or other discipline imposed on the undersigned participant resulting from any breach of their obligations under this agreement.
- The headings contained in this Agreement are for convenience only and do not limit the scope or intent of this agreement.
- This Agreement shall be governed by and interpreted in accordance with the laws of the Province of British Columbia and
- Any Litigation involving the parities of this Agreement shall be brought within the province of British Columbia.
- The undersigned participant hereby agrees to indemnify the Nanaimo Pickleball Club, associated directors and volunteers for all liability, expense, costs, damages, losses, claims, actions, causes of action incurred or suffered by reason of the undersigned participant’s breach of this Agreement.
- Electronic acceptance of this agreement will have the same enforcement as if it had been signed.
The undersigned participant has read the Agreement, fully understands the contents and agrees to be bound by its terms. They also understand that they have given up substantial legal rights by acknowledging and agreeing to this Agreement. The undersigned participant acknowledges that they are over 19 years of age.
Participant’s signature Participant’s name in block letters