PARTICIPANT ACKNOWLEDGEMENT, RELEASE AND WAIVER
BY ELECTRONICALLY CLICKING “YES” OR SIGNING THIS ACKNOWLEDGEMENT, RELEASE AND WAIVER AGREEMENT, YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT. PLEASE READ CAREFULLY.
Definitions
The term “Program” shall include any programming run by the Canadian Chinese Youth Athletic Association (“CCYAA”).
The term “Released Parties” refers to CCYAA, its affiliates, directors, officers, employees, agents, insurers, assigns and successors, together with all program directors, community partners, sponsors, advertisers, volunteers, staff, coaches, instructors, independent contractors, subcontractors, training and medical personnel, and if applicable, owners and lessors of the premises in which the Program takes place.
I am the parent or legal guardian of the Participant (as named in the Program Registration Form) who wishes to act as a participant of the Program. As consideration for the Participant’s participation in the Program, I hereby irrevocably and unconditionally:
acknowledge I am the custodial parent or legal guardian of the Participant or have obtained parental authorization to act on their behalf with respect to the Participant for this purpose;
have satisfied myself and believe that the Participant is physically, emotionally and mentally able to participate in the Program.
acknowledge and understand that participating in the Program involves certain risks and dangers. I acknowledge and agree that such risks and dangers include, but are not limited to, property loss or damage, serious personal and bodily injury, illness, disease, and/or death, and that some of the risks and dangers are foreseeable but others are not. I understand, have considered and evaluated the nature, scope, and extent of the risks and dangers involved, whether caused by the negligence of CCYAA or otherwise, and on behalf of the Participant, I hereby voluntarily and freely choose to assume these risks and dangers;
fully and forever release, discharge and indemnify the Released Parties of and from any and all causes of action, lawsuits, losses, damages, injuries howsoever occurring, whether by negligence or otherwise (including death), claims, demands, sums, costs, expenses (including legal fees and disbursements), and any other liability of any kind, of or to me or the Participant or any other person, directly or indirectly arising out of or in connection with the Program.
agree not to initiate any lawsuit, court action or other legal proceeding against the Released Parties, nor join or assist in the prosecution of any claim for damages or other relief, which anyone may have, on account of loss, damage or injury sustained by me, the Participant or others howsoever occurring, whether by negligence or otherwise in connection with the Program and I waive any right to do so. This means that I cannot sue or hold the Released Parties responsible for any loss, damage, or injury that I or the Participant may experience related to the Program;
waive my insurers’ right to make a claim against the Released Parties based on insurance payments made to me or on my behalf, or made to the Participant or on the Participant’s behalf, for any reason. This means my insurers and the Participant’s insurers have no right of subrogation;
agree to hold harmless, indemnify and reimburse the Released Parties from and for any sums, costs, or expenses (including legal fees and disbursements) incurred or suffered by any of the Released Parties or paid by them to any person (including me or my insurers) in connection with any accident, loss, damage, injuries, howsoever occurring, whether by negligence or otherwise (including death), claims, demands, lawsuits, expenses and any other liability of any kind, sustained by me, the Participant or others in connection with the Program. This means that I will reimburse the Released Parties if anyone makes a claim against them based on damages or injuries the Participant suffers;
understand that CCYAA may conduct video surveillance recording for purposes of enhancing and maintaining safety and security reasons through the use of cameras located in the public areas of the facilities that we use to provide CCYAA Programs, such as the reception and entrance and exit locations, and consent to the use of video surveillance recording for such purposes;
agree that the Participant will abide by the CCYAA Fair Play Policy, as amended from time to time
consent to the use of images of myself and/or the Participant for promotional purposes for CCYAA;
acknowledge that if any portion of this Acknowledgement, Release and Waiver is held to be invalid or unenforceable, all other provisions shall nevertheless continue to be valid and enforceable. This Acknowledgement, Release and Waiver constitutes the entire agreement of CCYAA and me with respect to the subject matter contained herein and supersedes any oral or written statements made by or to me or the Participant in connection with the Program (except, for the avoidance of doubt, any additional waivers which I have executed in my personal capacity in connection with the Program). I understand that I cannot terminate, cancel or revoke this Acknowledgement, Release and Waiver for any reason;
agree that, in the event that I cannot be reached in a medical emergency, I hereby authorize and permit the Released Parties and Program personnel to administer first aid to the Participant, and to authorize such other medical treatment and transportation as may be recommended by physicians, paramedics, and other medical personnel, in the event of the Participant’s illness, accident or injury;
further agree that this document is governed by the laws of the Province of Ontario and operates to the benefit of the Released Parties as well as their administrators, successors and assigns, and is binding on me and my heirs, administrators, successors, assigns, insurers and estate.