Athlete’s Release of Liability, Terms and Conditions

Assumption of Risks and Indemnity Agreement for Participation in Recreational Pickleball Play (hereinafter referred to as the “Release Agreement”)

Please read carefully!

By agreeing to this document, you will waive or give up certain legal rights, including the right to sue or claim compensation following transmission of a communicable disease or an accident against the following:

The Boys and Girls Club of Kingston, Pickleball Ontario, Pickleball Canada, and their respective directors, officers, employees, instructors, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors, and assigns (hereinafter collectively referred to as the “Releases”).

ASSUMPTION OF RISKS

I am aware that participating in the sport of pickleball involves many risks, dangers and hazards including, but not limited to the transmission of a communicable disease, including but not limited to COVID-19; 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 releases. I understand that negligence includes failure on the part of the releases 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 Releases accepting my registration for Participation in Recreational Pickleball Play and permitting my use of the facilities and premises provided by the Releases (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 releases, and to release the releases 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 releases. I understand that negligence includes the failure on part of the releases 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 releases 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 Ontario.
5. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of Ontario and shall be within the exclusive jurisdiction of the Courts of the Province Ontario.
6. In consideration of being allowed to participate in Kingston Pickleball Club (KPC) related events and activities, I the undersigned give permission for KPC to use or distribute, without limitation or obligation, any record of the events which may include my voice or image and authorization to contact me via email and other social media to keep informed on pickleball information, news, tournaments, sales, etc.
7. I further agree to play under the guidelines and rules of the International Federation of Pickleball and adhere to policies and the code of conduct set out by the KPC Constitution.

In entering into this Release agreement, I am not relying upon any oral or written representations or statements made by the Releases with respect to the safety of pickleball other than what is set forth in this Agreement.