D’ESTERRE SENIORS’ CENTRE ASSOCIATION
ASSUMPTION OF RISK, WAIVER OF CLAIMS, AND RELEASE OF LIABILITY AGREEMENT
This is a binding legal agreement. Clarify any questions or concerns before signing.
ACTIVITIES
The Participant is voluntarily participating in the spectating, orientation, instruction, activities, programs, and services (collectively the “Activities”) of d’Esterre Seniors’ Centre Association. The Activities may include but are not limited to games, instructional sessions, lessons, aerobic and anaerobic conditioning, movement and dance programs, craft rooms, studios, and shops.
d’Esterre Seniors’ Centre Association and its partners, sponsors, agents, affiliates, directors/officers, employees, volunteers, and owners/operators of the facilities in which the Activities take place (collectively the “Organization”) are not responsible for any injury, personal injury, damage, property damage, expense, loss of income or loss of any kind suffered by a Participant during or because of the Activities.
The Participant agrees that the Organization has the discretion to cancel any scheduled Activities or modify the structure of any Activities due to a public health or safety issue. The Participant agrees that the Organization may implement and enforce guidelines for participation. The Organization has the discretion to remove any Participant who does not comply with compliance protocols.
RISKS
The Activities have foreseeable and unforeseeable inherent risks, hazards and dangers that no amount of care, caution or expertise can eliminate, including without limitation, the potential for serious bodily injury, permanent disability, paralysis, and loss of life. These risks include:
a) Health: executing strenuous and demanding physical techniques; physical exertion; overexertion; stretching; dehydration; fatigue; cardiovascular workouts; rapid movements and stops; lack of fitness or conditioning; traumatic injury; sprains and fractures; spinal cord injuries; bacterial infections; rashes; and the transmission of communicable diseases, including viruses of all kinds, COVID-19, bacteria, parasites or other organisms
b) Premises: collisions with objects or barriers that are a part of the premises; dangerous, unsafe, or irregular conditions on walls, floors, the ground, ice or other surfaces; and travel to and from the premises
c) Use of equipment: mechanical failure of the equipment; faulty design or manufacture of the equipment: the provision of, or the failure by, the Organization to provide any warnings, directions, instructions or guidance as to the use of the equipment; failure to wear safety or protective equipment; and failure to use or operate equipment within the Participant’s own ability
d) Contact: contact with participants, instructors, equipment, or other persons; contact with flora, fauna, animals, or other hazard or thing that is associated with the premises; and other contact that may lead to serious bodily injury, including but not limited to concussions and/or other brain injury or serious spinal injury
e) Wildlife: encounters with wildlife may occur and could lead to serious bodily injury or death
f) Advice: incomplete or incorrect advice regarding the Activities
g) Ability: failing to act safely or within the Participant’s own ability or within designated areas
h) Conduct: the Participant’s conduct and the conduct of other persons including any physical altercation between participants
i) Negligence: The Participant or the Organization may be negligent, which may include failure by the Participant or the Organization to take reasonable steps to safeguard or protect the Participant from the risks, dangers and hazards associated with participation in the Activities, which include but are not limited to, damage, loss, personal injury or death.
TERMS
In consideration of the Organization allowing the Participant to participate in the Activities, the Participant agrees:
a) That they are not relying on any oral or written statements made by the Organization or its agents, whether in a brochure or advertisement or in individual conversations, to agreeto participate in the Activities
b) That when the Participant practices, participates or trains in a space provided by another person or organization, the Participant is responsible for the Participant’s surroundings and the location and equipment that is selected for the Participant
c) That the Participant’s mental and physical condition is appropriate to participate in the Activities
d) To comply with the rules and regulations for participation in the Activities
e) That it is the Participant’s sole responsibility to assess whether any Activities are too difficult for the Participant. By the Participant commencing an Activity, the Participant acknowledges and accepts the suitability and conditions of the Activity
f) That the Organization is not responsible for choosing the Participant’s safety or protective equipment and the secure fitting of that equipment
DISCLAIMER
The Participant assumes all risks arising out of, associated with or related to, participation in the Activities and waives all claims that they may have now or in the future against the Organization. The Participant accepts and fully assumes all such risks and possibility of personal injury, death, property damage, expense and related loss, including loss of income, resulting from participation in the Activities. The Organization is not responsible or liable for any damage to the Participant’s vehicle, property, or equipment that may occur as a result of the Activities.
The Participant forever releases the Organization from any and all liability for any and all claims, demands, actions, damages (including direct, indirect, special and/or consequential), losses, actions, judgments, and costs (including legal fees) (collectively, the “Claims”) which the Participant has or may have in the future, that might arise out of, result from, or relate to, participation in the Activities, even though such Claims may have been caused by any manner whatsoever, including but not limited to, the Organization’s negligence, gross negligence, negligent rescue, omissions, carelessness, breach of contract and/or breach of any statutory duty of care of the Organization.
This Agreement is intended to be as broad and inclusive as is permitted by law of British Columbia and if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect. The Participant agrees to file any lawsuit against the Organization in British Columbia and further agrees that the substantive law of British Columbia will apply regarding conflict of law rules.
ACKNOWLEDGMENT
The Participant acknowledges that they have read and understand this agreement, that they have executed this agreement voluntarily, and that this agreement is to be binding upon themselves, their heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legal or personal representatives. The Participant accepts the physical risks and that the Organization may be negligent. The Participant further acknowledges that by signing this agreement they have waived their right to maintain a lawsuit against the Organization on the basis of any claims from which they have released herein.
