GTPC WAIVER - 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 TRANSMISSION OF A COMMUNICABLE DISEASE AN ACCIDENT
PLEASE READ CAREFULLY!
Georgian Triangle Pickleball Club
Contact us at
Name: (Last, First, Middle Initial)
ORGANIZATION NAME: Georgian Triangle Pickleball Club
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 GTPC
In the Release Agreement, the term "Pickleball" shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the GTPC and shall include, but is not limited to: Pickleball; Pickleball rental; orientation 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 Pickleball.
I have been advised to wear all protective equipment that is required by the rules and regulations of the governing body for my sport.
ASSUMPTIONS OF RISKS
I am aware that Pickleball involves many risks, dangers and hazards. The risks, dangers and hazards, including but not limited to: the transmission of a communicable disease, including nut not limited to COVID-19, collision with other persons or objects, being struck by a paddle; being hit by a ball; the risk of stroke, heart attack or other similar life threatening conditions caused by physical exertion; the risk of personal injury but not limited to strains, sprains, fractures, brain injury, spinal cord injury including paraplegia or quadriplegia, or death; loss of balance or control; slips, trips and falls; negligent first aid; failure to play safely or within one's own ability; negligence of other persons; and negligence on the part of the releasees; variation or changes in the playing surface including rocks, gravel; changing weather conditions; exposure to temperature extremes or inclement weather; travel or transport to and from the sites used for Pickleball; ; and NEGLIGENCE ON THE PART OF THE GTPC, INCLUDING THE FAILURE ON THE PART OF THE RISKS GTPC TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PICKLEBALL.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH PICKLEBALL 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 GTPC agreeing to my participation in Pickleball 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 acknowledge, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the GTPC AND TO RELEASE THE GTPC 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 Pickleball 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 GTPC, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE GTPC TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN PICKLEBALL REFERRED TO ABOVE.
2. TO HOLD HARMLESS AND INDEMNIFY THE GTPC for any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in Pickleball.
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. The 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 Pickleball 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 the Pickleball 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 GTPC with respect to the safety of participating in Pickleball, other than what is set forth in this Release Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE GTPC.
SIGNATURE OF PARTICIPANT:
SIGNATURE OF GUARDIAN IF PARTICIPANT IS UNDER AGE OF MAJORITY:
A copy of your responses will be emailed to the address you provided.
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