LIABILITY WAIVER AND CONSENT
By reading this document and agreeing to these terms, you will waive certain legal rights, including the right to sue. Please read carefully.
In consideration of the Vancouver Dodgeball League Society (the “VDL”) permitting me to participate in Vancouver Island Dodgeball League (the "VIDL") events, including drop-in, league and tournament play, the following waiver of all claims, release from all liability, agreement not to sue and assumption of all risks and further terms of this agreement (the “Waiver & Consent”) is entered into by me with and for the benefit of the VIDL.
1. Waiver of Claims, Release from Liability and Agreement Not to Sue
I waive any and all claims that I have or may in the future have against, and release from all liability and agree not to sue, the VIDL and any of its directors, executives, representatives, employees, servants, instructors or agents (the “Personnel”) for any personal injury, death, property damage or other loss that I sustain during or as a result of my participation in league or tournament play due to any cause whatsoever on the part of any one or more of the VIDL, the Personnel, others or any of them, including:
(a) negligence (the meaning of which includes failure to use such care as a reasonably prudent and careful person would use under similar circumstances and failure to meet such standards of care applicable to such circumstances);
(b) breach of any other duty imposed by law, including any duty imposed by occupiers liability or other legislation;
(c) breach of any contract; and
(d) mistakes or errors in judgment of any kind.
2. Assumption of Risk
I am aware of the risks inherent in participation in league and tournament play with the VIDL. In particular I understand that dodgeball is a strenuous physical activity and a contact sport that 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 VIDL or the Personnel.
In particular, and without limiting the generality of the foregoing, I acknowledge that VIDL has warned me about the risk of injury that may result from wearing glasses or any other eyewear while participating in VIDL activities, including league and tournament play. I understand that it is possible that the ball may strike me in the face and may cause injury, including but not limited to blindness and permanent eye damage and that the risk of sustaining an eye injury while participating in VIDL activities is increased by wearing glasses or other eyewear.
I assume and accept all risks and dangers of participating in league and tournament play including the possibility of physical injury, death and property damage or other losses. I willingly accept these risks and agree to the terms of this Waiver & Consent even if the VIDL or the Personnel or either of them are found in law to be negligent or in breach of a duty of care or any other obligation to me in relation to league or tournament play.
3. Parental/Guardian Authorization of a Minor
As a player under the age of 19, I have asked to join the VIDL in order to participate in VIDL sanctioned events. I understand that the sport of dodgeball, as an extreme test of a person's physical and mental limits, may involve physical risk including the potential for death, serious injury, property injury, or property loss. I hereby agree freely and expressly to assume and accept any and all injuries and losses incurred while participating. In consideration of the VIDL allowing me to participate in VIDL sanctioned events.
I, for myself, my heirs, executors, administrators, successors and assigns, hereby release, waive and forever discharge the VIDL, its sanctioning body and sponsors and all their respective agents, servants, contractors, representatives, directors, elected and appointed officials, successors and assigns, of and from all claims, demands, damages, costs, expenses, actions and causes of action, whether in law or in equity, in respect of death, injury, loss or damage to my person or property howsoever caused, arising to or by reason of my participation in the aforementioned event, whether as a spectator, participant, competitor or otherwise, whether prior to, during, or subsequent to the current calendar year and notwithstanding that same may have been contributed to or occasioned by the negligence of any of the aforesaid.
My parent(s) and/or guardian and I further hereby undertake to hold and save harmless and agree to indemnify all of the aforesaid from and against any and all liability incurred by any or all of them arising as a result of, or in any way connected with, my participation in VIDL sanctioned events. By signing this form, I acknowledge having read, understood and agreed to the above consent, release, waiver and indemnity.
4. Further Terms
I hereby authorize the release of any photographs and videos taken of me while attending VIDL sanctioned events, including drop-in, league, and tournament play.
In agreeing to this Waiver & Consent, I am not relying on any oral, written or visual statements of any kind, including any promotional statements, brochures or flyers made or distributed by the VIDL or by any of the Personnel to induce me to attend, or to participate in, drop-in, league, or tournament play.
I agree that this Waiver & Consent and the agreements and assumptions of risk that it contains will be governed in all respects by and interpreted in accordance with the laws of the Province of British Columbia and I hereby irrevocably attorn to the jurisdiction of the Courts of the Province of British Columbia.
I confirm that my parent(s) and/or guardian and I have had sufficient time to read and understand what I am agreeing to in this Waiver & Consent and that this Waiver & Consent will be binding upon my heirs, next of kin, executors, administrators and successors.