ACTIVITIES

The Participant is voluntarily participating in the sport of gymnastics and the Activities of Manitoba Gymnastics Association and its Clubs. The Activities are defined as and may include but are not limited to including spectating, orientation, instruction, practice, lessons, training, events, competitions, programs, services, personal or strength training, dry land training, training using machines or weights, aerobic and anaerobic conditioning programs and the sport of gymnastics, including but not limited to, floor exercise, pommel horse, still rings, vault, parallel bars, horizontal bars, uneven bars, and balance beam (collectively the “Activities”).

Manitoba Gymnastics Association and its Clubs, and their respective directors, officers, committee members, members, employees, contractors, coaches, volunteers, officials, participants, agents, sponsors, owners/operators of the facilities/courses in which the Activities take place, and representatives (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 as a result of the Activities or when caused by the negligence of the Organization.

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)      Advice: negligent advice regarding the Activities

b)      Ability: failing to act safely or within the Participant’s own ability or within designated areas

c)      Conduct: the Participant’s conduct and conduct of other persons including any physical altercation between participants

d)      Contact: contact objects, equipment, hazards, participants, spotters, sports equipment, or other persons; 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)      Health: executing strenuous and demanding physical techniques; physical exertion; overexertion; stretching; dehydration; fatigue; cardiovascular workouts; 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 or any mutation thereof

f)       Injuries: Injuries such as death, serious neck and spinal cord injuries which may render the Participant permanently paralyzed or brain damaged; serious injury to virtually all bones, joints, ligaments, muscles, tendons and other aspects of the body; and concussions or other head injuries, including but not limited to, closed head injury or blunt head trauma

g)      Premises: defective, dangerous or unsafe condition of the facilities; falls; collisions with objects or barriers that are a part of the premises such as walls, apparatus, mats and stands; dangerous, unsafe, or irregular conditions on the floor or other surfaces; an inability to obtain emergency medical assistance, and travel to and from the premises

h)      Sport: the sport of gymnastics and its inherent risks, including but not limited to falling, tumbling, or hitting any gymnastics apparatus, the floor, mats, or other surfaces

i)       Travel: travel to and from the Activities

j)       Use of equipment: mechanical failure of the equipment; negligent 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

NEGLIGENCE

The Organization may be negligent, which may include failure by the Organization to take reasonable steps to safeguard or protect the Participant from the risks, dangers and hazards associated with participation in the Activities.

TERMS

In consideration of the Organization allowing the Participant to participate in the Activities, the Participant agrees:

a)      That the Participant is not relying on any oral or written statements made by the Organization or their agents, whether in a brochure or advertisement or in individual conversations, to agree to participate in the Activities

b)      That the Participant’s mental and physical condition is appropriate to participate in the Activities and the Participant (or the Participant’s parent/guardian, if applicable) assumes all risks related to the Participant’s mental and physical condition

c)      To comply with the rules of the facility or equipment as well as any directions or instructions from the Organization

d)      That if the Participant observes an unusual significant hazard or risk, the Participant will remove themselves from participation and immediately bring their observations to a representative of the Organization

e)      The risks associated with the Activities are increased when the Participant is impaired, and the Participant will not participate if impaired in any way

f)       That it is the Participant’s (or the Participant’s parent/guardian, if applicable) sole responsibility to assess whether any Activities are too difficult for the Participant. By the Participant commencing an Activity, the Participant (or the Participant’s parent/guardian, if applicable) acknowledges and accepts the suitability and conditions of the Activity

g)      That the Organization may secure transport to emergency medical services as it deems necessary for the Participant’s immediate health and safety, and that the Participant shall be financially responsible for such services

h)      That the Participant is fully responsible for any loss of personal property and any costs associated with any related loss

DISCLAIMER

The Participant assumes all risks arising out of, associated with or related to, participation in the Activities and waives any and all claims that the Participant 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 Participant forever indemnifies and 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.

IMAGE CONSENT

The Participant grants permission to the Organization to publish their name on the Organization's Website, and to photograph and/or record my image and/or voice on still or motion picture film and/or audio tape (collectively the “Images”), and to use this material to promote the Organization through the media of newsletters, websites, television, film, radio, print and/or display form and for factual information.

The Participant hereby assigns to the Organization all rights, title, and interest, including copyright, in and to any and all such Images and I hereby irrevocably authorize the Organization, without limitation, to reproduce, copy, sell, exhibit, publish, or distribute, in any medium now known or later developed, any and all such Images in perpetuity for the purposes expressed above.

The Participant further releases and forever discharges the Organization from any and all claims and demands arising out of or in connection with the use of said Images, including but not limited to any and all claims for invasion of privacy, defamation, or infringement of copyright.

SEVERABILITY

The Participant acknowledges and agrees that if any provision in this Agreement is declared invalid by a court of competent jurisdiction, such provision will be ineffective only to the extent of such invalidity, illegibility or unenforceability so that the remainder of that provision and all remaining provisions will be valid and enforceable to the fullest extent permitted by applicable law.