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KidsPlay Sports: Terms of Service

Liability Waiver
Please review the Release Agreement and Consent Forms before proceeding.
Release of liability, waiver of claims, assumption of risks, and indemnity agreement (Hereinafter referred to as the “Release Agreement”).

By signing this document you will waive or give up certain legal rights, including the right to sue or claim compensation following an accident.

 

Please read carefully!

To: KidsPlay Sports (Her Majesty the Queen in the right of the province of Ontario) and its (their) directors, officers, employees, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors and assigns (all of whom are hereinafter referred as “the releasees”)

Definition: In this release agreement, the term KidsPlay Sports 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: KidsPlay Sports; 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 KidsPlay Sports.
 

Protective equipment: I have been advised to wear protective equipment when deemed necessary when taking part in KidsPlay Sports. Wearing approved protective equipment may be mandatory under provincial law.

Assumption of risks: I am aware that KidsPlay Sports involves many risks, dangers, and hazards. The risks may include negligence of other participants; and negligence on the part of the releasees, including the failure on the part of the releasees to safeguard or protect me from the risks, dangers, and hazards of KidsPlay Sports.

I am aware of the risks, dangers, and hazards associated with KidsPlay Sports 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 KidsPlay Sports 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:
 

1. 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 KidsPlay Sports, 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 KidsPlay Sports referred to above;
2. 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 KidsPlay Sports;

3. 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;

4. 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 KidsPlay Sports takes place and no other jurisdiction; and

5. Any litigation involving the parties to this release agreement shall be brought solely within the province where KidsPlay Sports 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, other than what is set forth in this release agreement.

 

KIDSPLAY SPORTS INFORMED CONSENT AND ASSUMPTION OF RISK AGREEMENT

(To be executed by parents/guardians of Participants and Participants over the age of 13)

This is a binding legal agreement. Clarify any questions or concerns before signing. Prior to participating, an individual who is younger than the age of majority and who wants to participate in the activities, programs, classes, and services provided by, and/or in the events sponsored or organized by KidsPlay Sports which may include but is not limited to: games, camps, birthday parties, and orientational or instructional sessions or lessons (collectively the “Activities”) must have their legal parent/guardian (“the Parties”) acknowledge and agree to the terms outlined in this agreement.

The undersigned acknowledges and agrees that they are a parent/guardian of the Participant and have full legal responsibility for the decisions of the Participant.
 

Disclaimer
KidsPlay Sports and its directors, officers, owners, partners, shareholders, employees, coaches, volunteers, participants, agents, sponsors, owners/operators of the facilities in which the Activities take place, and representatives (collectively the “Organization”) are not responsible for any injury, property damage, death, expense, loss of income, damage or loss of any kind suffered by the Participant during, or as a result of, the Activities.
 

Description and Acknowledgement of Risks

The Parties understand and acknowledge that:
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.
The Organization may offer or promote online programming (such as webinars, remote conferences, workshops, and online training) which have different foreseeable and unforeseeable risks than in-person programming
The Organization has a difficult task to ensure safety and it is not infallible. the Organization may be unaware of the Participant’s fitness or abilities, may give incomplete warnings or instructions, may misjudge weather or environmental conditions, and the equipment being used might malfunction
(COVID-19) The COVID-19 disease has been declared a worldwide pandemic by the World Health Organization and COVID-19 is extremely contagious. The Organization has put in place preventative measures to reduce the spread of COVID-19; however, the Organization cannot guarantee that the Participant will not become infected with COVID-19. Further, participating in the Activities could increase the Participant’s risk of contracting COVID-19

The Participant is participating voluntarily in the Activities. In consideration of that participation, the Parties hereby acknowledge that they are aware of the risks, dangers, and hazards and may be exposed to such risks, dangers, and hazards. The Parties understand that the Organization may fail to safeguard or protect the Participant from the risks, dangers, and hazards of the Activities, some of which are listed below. The risks, dangers, and hazards include, but are not limited to:


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 or any mutation thereof/
Premises: defective, dangerous, or unsafe condition of the facilities; falls; collisions with objects, walls, equipment, or persons; dangerous, unsafe, or irregular conditions on floors, the ground, or other surfaces; extreme weather conditions; and travel to and from the premises.
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
Contact: contact with other participants, sports equipment, vehicles, or other persons; and other contacts that may lead to serious bodily injury, including but not limited to concussions and/or other brain injury or serious spinal injury.
Advice: negligent advice regarding the Activities.
Ability: failing to act safely or within the Participant’s own ability or within designated areas.
Activities: the inherent risks of the Activities, including but not limited to:
Volleyball: physical contact with other participants, spectators, equipment, or the court; contact with, colliding with, or being struck by the volleyball, net, poles, benches, equipment, or other participants or spectators
Football / Rugby / Soccer: striking participants and the ball with parts of the body; contact with, colliding with, or being struck by the ball or other participants; tumbling, falling, or being knocked to the ground; striking and blocking participants and objects with parts of the body
Baseball: being hit by the ball or a bat; injuries incurred while running or sliding; collision with other participants; slipping on or tripping over a base
Floor hockey: tripping, high-sticking, hooking, holding, interference, slashing or any other physical contact with participants, objects, or equipment; colliding with the net, walls, or other participants; tripping or slipping on the puck or ball; being hit with the ball/puck or a stick
Tennis: falling to the floor/ground; colliding with the wall(s) or other participants; being hit by racquets or balls; quick turns and stops
Basketball: contact with, colliding with, or being struck by the ball or other participants; tumbling, falling, or being knocked to the ground or floor, quick turns and stops
Swimming: falling or colliding with the pool, pool bottom, walls, stands, equipment or other participants; entering the water by either diving or jumping; extended time underwater; spending extended time in chlorinated water which may lead to bacterial infections or rashes; drowning
Multi-sport (such as dodgeball, races, and obstacle courses): contact with, colliding with, or being struck by the ball or other participants; tumbling, falling, or being knocked to the ground; tripping on or slipping on objects, markers, or equipment
Cyber: privacy breaches; hacking; and technology malfunction or damage
Conduct: the Participant’s conduct and conduct of other persons including any physical altercation between participants
Travel: travel to and from the Activities

Terms
In consideration of the Organization allowing the Participant to participate in the Activities, the Parties agree:
That when the Participant practices or trains in their own space, the Parties are responsible for the Participant’s surroundings and the location and equipment that is selected for the Participant.
That the Participant’s mental and physical condition is appropriate to participate in the Activities and the Parties assume all risks related to the Participant’s mental and physical condition.
To comply with the rules and regulations for participation in the Activities.
To comply with the rules of the facility or equipment.
That if the Participant observes an unusual significant hazard or risk, the Participant will remove themselves from participation and bring their observations to a representative of the Organization immediately
The risks associated with the Activities are increased when the Participant is impaired and the Participant will not participate if impaired in any way; That it is their sole responsibility to assess whether any Activities are too difficult for the Participant. By the Participant commencing an Activity, they acknowledge and accept the suitability and conditions of the Activity.
That they are responsible for the choice of the Participant’s safety or protective equipment and the secure fitting of that equipment
(COVID-19) That COVID-19 is contagious in nature and the Participant may be exposed to, or infected by, COVID-19 and such exposure may result in personal injury, illness, permanent disability, or death

In consideration of the Organization allowing the Participant to participate, the Parties agree:
That the Parties are not relying on any oral or written statements made by the Organization or their agents, whether in brochure or advertisement or in individual conversations, to agree to participate in the Activities
That 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
That this Agreement is intended to be as broad and inclusive as is permitted by law of the Province of Ontario and if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect

Jurisdiction
The Parties agree that in the event that they file a lawsuit against the Organization, they agree to do so solely in the Province of Ontario and they further agree that the substantive law of the Province of Ontario will apply without regard to conflict of law rules.

Acknowledgment
The Parties acknowledge that they have read this agreement and understand it, that they have executed this agreement voluntarily, and that this Agreement is to be binding upon themselves, their heirs, their spouses, guardians, next of kin, executors, administrators and legal or personal representatives.

 

DECLARATION OF COMPLIANCE – COVID-19

ALL INDIVIDUALS ENTERING THE FACILITY AND/OR PARTICIPATING IN SANCTIONED ACTIVITIES MUST COMPLY WITH THIS DECLARATION

KidsPlay Sports (the “Organization”) requires the disclosure of exposure or illness is in order to safeguard the health and safety of all participants and limit the further spread of COVID-19. This Declaration of Compliance will be kept safely, and personal information will not be disclosed unless as required by law or with your consent.

An individual who is unable to agree to the terms outlined in this document is not permitted to enter the Organization’s facilities or have their child attend or participate in the Organization’s activities, programs, or services.

The undersigned, being a legal parent/guardian of the individual named above, hereby acknowledges and agrees to the terms outlined in this document:

The coronavirus disease COVID-19 has been declared a worldwide pandemic by the World Health Organization and COVID-19 is extremely contagious. The Organization has put in place preventative measures to reduce the spread of COVID-19 and requires all individuals to adhere to the compliance standards described in this document.

The individual has not been diagnosed with COVID-19. OR If the individual was diagnosed with COVID-19, the individual was cleared as noncontagious by provincial or local public health authorities.

The individual is attending or participating voluntarily and understands the risks associated with COVID-19. The individual’s parent/guardian, on behalf of the individual, agrees to assume those risks, including but not limited to exposure and being infected.

The individual has not, nor has anyone in the individual’s household, experienced any signs or symptoms of COVID-19 in the last 14 days (including fever, new or worsening cough, fatigue, chills and body aches, respiratory illness, difficulty breathing, nausea, vomiting or diarrhea, pink eye, or loss of taste or smell).

If the individual experiences, or if anyone in the individual’s household experiences, any signs or symptoms of COVID-19 after submitting this Declaration of Compliance, the individual will immediately isolate, notify the Organization, and not attend any of the Organization’s facilities, activities, programs or services until at least 14 days have passed since those symptoms were last experienced.

The individual has not, nor has any member of the individual’s household, travelled to or had a lay-over in any country outside Canada, or in any province outside of Ontario in the past 14 days. If the individual travels, or if anyone in the individual’s household travels, outside of Ontario after submitting this Declaration of Compliance, the individual will not attend any of the Organization’s facilities, activities, programs or services until at least 14 days have passed since the date of return.

The individual is following recommended guidelines, including but not limited to, practicing physical distancing, trying to maintain separation of six feet from others, adhering to recognized hygiene best practices, and otherwise limiting exposure to COVID-19.

The individual will follow the safety, physical distancing and hygiene protocols of the Organization.

The individual will bring their own personal items and personal equipment (such as water bottles, bags, towels, etc.) at their discretion and will not share their personal items or equipment with other individuals.

This document will remain in effect until the Organization, per the direction of the provincial government and provincial health officials, determines that the acknowledgments in this Declaration of Compliance are no longer required.

The Organization may remove the individual from the facility or from participation in the activities, programs or services of the Organization at any time and for any reason if the Organization believes, in its sole discretion, that the individual is no longer in compliance with any of the standards described in this document.

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