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RELEASE OF LIABILITY

WARNING: BY PURCHASING A TEAM REGISTRATION TICKET, YOU WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE AND ARE RESPONSIBLE FOR YOUR TEAMMATES. PLEASE READ CAREFULLY!

 

ASSUMPTION OF RISK

Participation in the activity(s) organized by VIBE (Vision for Investing in Black Excellence),carries with its certain inherent risks. You and your teammates are aware that, while participating in the activity(s), You and your teammates may be exposed to any manner of harm, injury, illness, death or property damage resulting from such risks, including but not limited to the following:

General:

  • Loss or damage of personal property by any means including, but not limited to, theft, vandalism, fire, or water damage;
  • Travel by motor vehicle, bus, traffic accidents, poor road conditions, watercraft, airplanes or any other means of transportation to, from, or during the activity(s).

NOTE: Please consult with your physician prior to participating in any physical activity(s) or using any equipment if you have any pre-existing conditions which may be affected by your participation in the activity(s).

Sporting Activities:

  • All manner of muscular and skeletal injuries, bruises, scrapes,cuts, strains, sprains, leg cramps, dislocations, or bone injuries;
  • Head, facial, dental and neurological injuries such as concussions and traumatic brain injuries (TBI);
  • An increased load on the heart thatmay result in dizziness, shortness of breath, fainting,chest pain or discomfort, nausea,and in extreme circumstances may result in a heart attack;
  • Being struck with projectiles; Falling against, impacting, entanglement or impairment on apparatus, equipment or other natural or man-made obstacles (visible or not visible), or against the ground, floors, walls or other surfaces;
  • Contact with participants, officials, spectators, or other people or sustaining injuries arising from their actions;
  • My participation and/or use ofequipment beyond my own skills and abilities; and
  • The use, misuse, failure or malfunctioning of equipment.

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.

Covid-19 INFORMED CONSENT

The Government of Ontario declared a province-widestate of emergency under The Emergency Management and Civil Protection Act on March 17, 2020 to protect the health and safety of all Ontarians and to reduce the spread of the novel coronavirus (or COVID-19). COVID-19 is easily spread by contact with droplets produced by people who have the virus.

The facility has put in place measures to reduce the spread of COVID-19, however the we cannot guarantee that any individual attending the facilty, using the facility, or participating in activities organized by us or the facility, will not become infected with COVID-19. Further, participating in the Tournament, could increase the risk of contracting COVID-19. All participants in the Tournament are being asked to carefully review ,confirm, and agree to the statements made below.

You and your teammates are informed of the risks of COVID-19. You and your teammates knowingly, willingly,and voluntarily agree to participate in VIBE Tournaments during the COVID-19 pandemic, even though your participation could heighten the chances that you and your teammates may become infected with COVID-19.

 

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

In consideration of VIBE(Vision for Investing in Black Excellence) permitting my participation in the activity(s) of Athletic and Fitness Centre, You and your teammates agree as follows:

1. TO WAIVE ANY AND ALL CLAIMS that you or your teammates have or may have in the future against VIBE and its members, officers, employees, students, agents, volunteers and independent contractors (all of whom are herein after collectively referred to as "the Releasees");

2. TO RELEASE THE RELEASEES from any and all liability for any loss, damage, injury or expense that you or your teammates may suffer, or that you or your teammates' next of kin may suffer as a result of participation in the activity(s) of Athletic and Fitness Centre due to any cause whatsoever INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTYOF CARE OWED UNDER THE OCCUPIER'S LIABILITY ACT, RSA 2000 c. 0-4 AS AMENDED ON THE PARTOF THE RELEASEES;

3. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to the property of, or personal injury to ,any third party, resulting from my participation in the activity(s) of Athletic and Fitness Centre; and

4. THAT if you or your teammates are supplying equipment, you are responsible for ensuring that it is safe and well maintained and up to the requisite standards for the activity(s) in which I am participating. I understand that the Releasees accept no responsibility for any incidents or accidents occurring out of the use or misuse of your equipment.

5. This agreemen tshall be effective and binding upon my heirs, next of kin, executors, administrators,assigns and representatives in the event of my death or incapacity.

6. This Waiver shall be governed by and construed in accordance with the laws in force in the province of Ontario and the federal laws of Canada, as applicable. The courts of Ontario shall have exclusive jurisdiction over all claims, disputes and actions arising out of and related to this course/activity and this Waiver and the parties hereby attorn to the jurisdiction of Ontario courts.

 

In entering into this Agreement, you are not relying upon any oral or written representations or statements made by the Releasees, other than what is set forth in this Agreement.

 

YOU CONFIRM THAT YOU AND MEMBERS OF YOUR TEAM ARE OF 18 YEARS OF AGE OR OLDER, THAT YOU AND YOUR TEAMMATES HAVE READ AND UNDERSTOOD THIS AGREEMENT AND THAT YOU AND YOUR TEAMMATES ARE  AWARE THAT BY PUSRCHASING THIS TEAM REGISTRATION TICKET, ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE, WHICH YOU, YOUR TEAMMATES, THEIR HEIRS OR YOUR HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS MAY HAVE AGAINST THE RELEASEES.