Waiver Agreement
Fun First Sport and it's directors, officers, employees, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors and assigns (all of whom are hereinafter referred as “the Releasees”)
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COVID-19
Fun First Sport is committed to providing a safe environment for all who attend or participate in our Programs as nothing is more important to us than the health, safety and well-being of you, your family and our employees. We are following the advice of health authorities closely and are adapting our Programs and Premises to provide a safe environment for all of our employees, the children who participate in our Programs, as well as their parents, siblings, and other caregivers. As the COVID-19 situation evolves, so will we.
We ask that before registering your child for a Program or attending our Premises that you ensure that you have followed and continue to follow the guidance of public health authorities to ensure that you do not place the other participants in our Programs at risk.
Please do not attend, or register your child in, a Fun First Sport program if you, your child or someone you have recently been in contact with is experiencing COVID-19 related symptoms or if you have not followed the advice of public health authorities. We also ask that you abide by our COVID-19-related practices and procedures while you are at the Premises. We are relying on you to help us protect all participants in our Programs.
Please note that due to the nature of the COVID-19 pandemic, all public places carry an element of risk of contracting the virus. Despite our and our Providers’ efforts to create a safe environment during our Programs and at our Premises, we cannot guarantee that all persons who participate in our Programs or attend at our Premises are free of COVID-19.
By registering your child(ren) for a Program, allowing your children to participate in Program or otherwise attending at our Premises, you accept that you are solely responsible for all risks associated with such participation and attendance, on your own behalf, on behalf of your child(ren) and any on behalf of any other persons with whom you and/or your child(ren) come into contact.
We encourage you to review the most recent guidance and recommendations from public health authorities before choosing register your children for any Programs or attending our Premises.
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“SPORT ACTIVITIES”: Soccer drills and matches (to be referred to as “SPORT” in this documents)
DEFINITION - In this Release Agreement, the term “SPORT” shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include, but is not limited to: “SPORT”; “SPORT” rental; orientational and instructional courses, seminars and sessions; travel, transport and accommodation; and other such activities, events and services in any way connected with or related to “SPORT”.
PROTECTIVE EQUIPMENT - I have been advised to have the player wear shin guards.
ASSUMPTION OF RISKS - I am aware that “SPORT” involves many risks, dangers and hazards. The risks, dangers and hazards, including but not limited to: loss of balance; difficulty or inability to control one’s speed and direction; variation or steepness in terrain; rapid or uncontrolled acceleration on hills and inclines; mechanical failure of equipment; variation or changes in the playing surface including rocks, gravel; changing weather conditions; exposure to temperature extremes or inclement weather; travel or transport to and from the sites used for “SPORT”; travel on highways and backcountry roads; encounters with domestic and wild animals including dogs, bears and cougars; collision with pedestrians, motor vehicles, cyclists and other players; failing to play safely or within the limitations of one’s own abilities, negligence of other participants; and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RISKS RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF “SPORT”.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH “SPORT” AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT - In consideration of the RELEASEES agreeing to my participation in “SPORT” and permitting my use of their services, equipment and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
- 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 “SPORT” 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, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN “SPORT” REFERRED TO ABOVE;
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in “SPORT”;
- 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;
- 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 where the “SPORT” takes place and no other jurisdiction; and
- Any litigation involving the parties to this Release Agreement shall be brought solely within the province where the “SPORT” takes place and shall be within the exclusive jurisdiction of the Courts of that province.
In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in “SPORT”, other than what is set forth in this Release Agreement.
You will be asked to agree to this waiver when registering for a program by checking a box on the Sign Up page.