ACKNOWLEDGEMENT, RELEASE, INDEMNITY and ASSUMPTION of RISK regarding COVID-19
(FOR ADULTS & FOR THOSE UNDER THE AGE OF MAJORITY i.e. under 18)
- This ACKNOWLEDGEMENT, RELEASE, INDEMNITY and ASSUMPTION of RISK regarding COVID19 is to be signed regarding each Participant in the sport of tennis and/or the games, practices, events, programs and/or activities ("Activities") organized, operated, conducted or sanctioned by the Jegy Demo Tennis Club ("JDTC").
- The undersigned, being the Participant and, if the Participant is under the age of 18, the Parent/Guardian of the Participant (each a “Party” and collectively the “Parties”), acknowledge(s) and agree(s) that:
(a) the World Health Organization has classified the Coronavirus Disease (“COVID-19”) outbreak as a global pandemic and are aware of the risks of COVID-19;
(b) they are aware of the risks to personal health, including by the failure to follow physical distancing, flowing from COVID-19;
(c) they are assuming all health risks and adverse health related consequences to the Parties caused by or arising from engaging in any Activities (the “Assumed Risks”);
(d) they are aware of JDTC’s rules and policies regarding safe return to sport (the “Policies”), that they will abide by the Policies, and that the Policies are subject to all federal, provincial, municipal and public health laws, regulations, by-laws and orders as they may exist from time to time;
(e) each of the Parties hereby releases JDTC, its members, officers, directors, employees, independent contractors, agents, and volunteers ("Releasees") from all liability, recourse, proceedings, claims, and causes of action of any kind whatsoever, in respect of all damages, personal injuries, death, or property losses which either or both of the Parties may suffer arising out of or connected with the Assumed Risks, the content or implementation of the Policies (including without limitation the conduct of any screening of any individual), and the preparation for, or participation in, the Activities, notwithstanding that any such losses were caused solely or partly by the negligence of any of the Releasees;
(f) if the Participant is under the age of 18, the Parent/Guardian of the Participant hereby indemnifies and holds harmless the Releasees from any and all damages or losses of any kind as a result of any and all claims, demands, causes of action of any kind whatsoever including those involving negligence on the part of any of the Releasees that may be made or initiated by arising out of or connected with the Assumed Risks as they relate to either or both of the Parties, the content or implementation of the Policies as they relates to either or both of the Parties, and preparation for and/or participation in any of the Activities;
(g) each Party understands that none of the Releasees assumes any responsibility whatsoever for the safety of either or both of the Parties during the course of any preparation for or participation in the Activities;
(h) each Party will comply with the Policies and their implementation and that any failure on the part of either or both of the Parties to comply with the Policies may have consequences (including without limitation a withdrawal of permission to participate in an Activity or Activities) and could jeopardize relevant insurance coverage;
(i) each Party understands that the implementation of the Policies may involve the collection, use and disclosure of personal information about of either or both of the Parties and each of the Parties consents to same;
(j) each Party has carefully read this ACKNOWLEDGEMENT, RELEASE, INDEMNITY and ASSUMPTION of RISK regarding COVID19, and that each Party fully understands, and is freely and voluntarily executing, same;
(k) each Party has been given the opportunity, and that each Party is encouraged, to seek independent legal advice prior to signing this document;
(l) each Party understands that JDTC would not permit either or both of the Parties to participate in any Activities unless the Parties have signed this ACKNOWLEDGEMENT, RELEASE, INDEMNITY and ASSUMPTION of RISK regarding COVID19, which applies to all Activities whether occurring in the near or distant future, and that the terms of this document need not be brought to the attention of either of the Parties each time either or both of the Parties participate in an Activity in order for it to be effective;
(m) the term “Activities” as used herein includes, without limiting the generality of that term, training sessions, clinics, and events that are in any way authorized, sanctioned, organized or operated by JDTC on its own or together with another; and
(n) this ACKNOWLEDGEMENT, RELEASE, INDEMNITY and ASSUMPTION of RISK regarding COVID19 agreement is binding on each of the Parties, and their respective heirs, executors, administrators, personal representatives and assigns.
By signing below, you agree to be bound this ACKNOWLEDGEMENT, RELEASE, INDEMNITY and ASSUMPTION of RISK regarding COVID19.