Membership Waiver
By reading and agreeing to this document, I am waiving or giving up certain legal rights, including the right to sue or claim compensation following transmission of a communicable disease or an accident. In consideration of my participation in Queer Pickleball Club (hereinafter referred to as “QPC”) events and activities, hereinafter referred to as the “Release Agreement,” I acknowledge and accept the terms outlined herein:
Assumption of Risk
I am aware that participating in the sport of pickleball involves many risks, dangers and hazards including, but not limited to: the transmission of a communicable disease, including but not limited to COVID-19. I understand that Pickleball is a strenuous physical activity and can cause serious injury, including permanent disability, death and other losses both to me and my property which may result from the failure for any reason (including negligence) of the QPC or the Personnel.
I acknowledge that there are risks involved with playing pickleball including, but not limited to, sprains, muscle tears, broken bones, eye and head injuries, and the potential for serious conditions like stroke or heart attack due to physical exertion. I assume all risks and hazards incidental to the game, and I, my heirs, executors, and administrators release from responsibility and agree to indemnify and hold harmless QPC, their officers, directors, volunteers, and all employees from any and all liability, including negligence, for any loss, illness, damage, expense, or injury, including death, that I may suffer.
I agree that the sole responsibility for my safety remains with me. This includes, for example, the use of appropriate equipment such as proper footwear and protective eyewear (as duly warned by QPC). I will make every effort to take all reasonable safety precautions and to obey all club rules, and I will ask for clarification if needed
Waiver of Claims, Release from Liability and Indemnity Agreement
I waive any and all claims against QPC, its directors, executives, representatives, employees, servants, instructors, or agents (the “Personnel”) for any personal injury, death, property damage, or other loss sustained during or as a result of my participation in league or tournament play due to any cause whatsoever. I release QPC and its Personnel from all liability and agree not to sue for any loss, damage, expense, or injury, including death, resulting from my participation in pickleball activities, including my use of the premises, due to negligence, breach of contract, or breach of any statutory or other duty of care on the part of QPC or its Personnel, others or any of them, including:
a) 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 the sport of pickleball including, but not limited to, my use of the premises 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 any provincial occupiers’ liability legislation on the part of the releasees. I understand that negligence includes the failure on part of the releasees to take reasonable steps to safeguard or protect me from the risks, dangers and hazards referred to above
b) To hold harmless and indemnify the releasees from any and all liability for any damage to property of or personal injury to any third party, resulting from my use of or presence on the premises;
c) 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;
d) 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 of Ontario.
e) Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of Ontario and shall be within the exclusive jurisdiction of the Courts of the Province Ontario.
Further Terms
- I hereby grant explicit authorization for the release, distribution, and use of any photographs and videos while in attendance at QPC events, encompassing league matches, events, and tournament play.
- I acknowledge and understand that all such media content shall exclusively belong to QPC, to be utilized for promotional, marketing, and documentation purposes as deemed appropriate by the organization.
- In entering into this Release Agreement, I am not relying upon any oral or written representations or statements of any kind, including but not limited any promotional statements, social media distributed by the QPC or by any of the Personnel to induce me to attend, or to participate in, event, league or tournament play with respect to the safety of pickleball other than what is set forth in this Agreement.
- I confirm that I am of the full age of nineteen years, that I have had sufficient time to read and understand what I am agreeing to in this Waiver and Release Agreement, and this will be binding upon my heirs, next of kin, executors, administrators, and successors. By signing this waiver form, I agree to hold the club entirely free from any liability, including financial liability, for injuries incurred regardless of the reasons or circumstances.
