INFORMED CONSENT AND ASSUMPTION OF RISK AGREEMENT - CURLING
To be executed by Parent/Guardian of Participant under the age of 18

WARNING! Please read carefully. By signing this document, you will waive certain legal rights including the right to sue.  

PLEASE READ CAREFULLY!

This is a binding legal agreement. Clarify any questions or concerns before signing.  As a Participant in the sport of curling and the instruction, activities, programs, events and services sponsored or organized by Curling Canada, The Ontario Curling Association (CurlON), and York Curling Club (Collectively the “Organization”) including but not limited to:  games, tournaments, practices, training, or instructional sessions (collectively the “Activities”), the undersigned, being the Participant and the Participant’s Parent/Guardian (collectively the “Parties”), acknowledge and agree to the terms outlined in this agreement.

I am the Parent/Guardian of the Participant and have full legal responsibility for the decisions of the Participant.  (Enter e-mail)

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Email *
Name of Participant under age 18: *
Name of Event *
School Name (if applicable)
Date of Event *
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Paragraphs 1 and 2 *
Description and Acknowledgement of Risks: 

Paragraph 1. The Parties understand and acknowledge that:

a)       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 sport of curling is played on ice, which is slippery, hard and dangerous;

b)       A pertinent risk to participating in the sport of curling is the risk of suffering serious head injury should the Participant fall, trip or stumble onto the ground or ice.  It is strongly recommended that the Participants 12 and older wear a helmet at all times while participating in the sport of curling - MANDATORY FOR PARTICIPANTS UNDER 12;

c)       MANDATORY FOR PARTICIPANTS UNDER THE AGE OF 26 but recommended for all ages - The Participant has reviewed the information regarding Rowan’s Law and understands some possible causes and symptoms of a concussion;

d)       The Organization has a difficult task to ensure safety and it is not infallible. The Organization may be unaware of my fitness or abilities, may misjudge weather or environmental conditions, may give incomplete warnings or instructions, and the equipment being used might malfunction; and

e)       The novel coronavirus, 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; however, the Organization cannot guarantee that the Participant will not become infected with COVID-19.  Further, attending the Activities could increase the risk of contracting COVID-19.

Paragraph 2.  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 associated with or related to the Activities. The risks, dangers and hazards include, but are not limited to:

a)       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, 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;

b)       Premises:  Defective, dangerous, or unsafe condition of the facilities; falls; collisions with objects, walls, equipment or persons; dangerous, unsafe or irregular conditions on floors, ice or other surfaces; extreme weather conditions;

c)       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 use or operate the equipment within the ability of the participant;

d)       Contact:  Contact with brooms, brushes or curling stones, other equipment or other persons may lead to serious bodily injury, including but not limited to concussions and/or other brain injury, or serious spinal injury;

e)       Advice:  Negligent advice regarding the Activities;

f)        Ability:  Failing to act safely or within the Participant's ability or within designated areas;

g)       Sport:  The game of curling and its inherent risks, including but not limited to:  running, sliding or slipping on the ice surface, delivering the curling stone, skipping or sweeping, stepping onto the ice surface from the walkway or onto the walkway from the ice surface or stepping over dividers that divide one sheet of ice from the next;

h)       Cyber:  Privacy breaches, hacking, technology malfunction or damage;

i)         Conduct:  Conduct and conduct of other persons including any physical altercation between Participants;

j)         Travel:  Travel to and from the activities; and

k)       Negligence:  Negligence and negligence of other persons, including NEGLIGENCE ON the PART OF THE ORGANIZATION, may increase the risk of damage, loss, personal injury or death.  We understand that the Organization may fail to safeguard or protect the Participant from the risks, dangers and hazards of programs, some of which are referred to above.

Required
Paragraphs 3-6 *

Paragraph 3:  In consideration of the Organization allowing the Participant to participate in the Activities, the Parties agree:

a)       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 or physical condition;

b)       That when the Participant practices or trains in their own space, the Parties are responsible for their surroundings and the location and equipment that they select;

c)       To comply with the rules and regulations for participation in the Activities;

d)       To comply with the rules of the facility or equipment;

e)       That if the Participant observes an unusual significant hazard or risk, they will remove themself from participation and bring their observations to a representative of the Organization immediately;

f)        The risks associated with the Activities are increased when impaired and the Participant will not participate if impaired in any way;

g)       That it is the Participant's sole responsibility to assess whether any Activities are too difficult for them.  By commencing an Activity, they acknowledge and accept the suitability and conditions of the Activity;

h)       That the Participant is responsible for their choice of safety or protective equipment and the secure fitting of that equipment; and

i)         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.  


Paragraph 4:  In consideration of the Organization allowing the Participant to participate, the Parties agree:

a)       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 be involved in the Activities; and

b)       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.

c)       That this Agreement is intended to be as broad and inclusive as it 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.

   
Paragraph 5:  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, Canada and further agree that the substantive law of Ontario will apply without regard to conflict of law rules.

Paragraph 6: The Parties expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by law and that if any of its provisions are held to be invalid, the balance shall, notwithstanding, continue in full legal force and effect.

Required
ROWAN'S LAW (CONCUSSION SAFETY) ACKNOWLEDGEMENT *

As the Parent/Guardian of the participant registered with York Curling Club, I hereby confirm and acknowledge the following:

Mandatory Review of Resources: I have reviewed the age-appropriate Government of Ontario Concussion Awareness Resource and the York Curling Club Concussion Code of Conduct within the last twelve (12) months.

Understanding of Protocols: I understand the club's protocols for concussion management, including the process for Removal-from-Sport when a concussion is suspected and the required steps for a Return-to-Sport after a medical assessment and clearance.

Commitment to Adherence: I commit that both I and the participant will abide by the terms of the York Curling Club Concussion Code of Conduct and its associated policies.

Please click here to review Rowan's Law document.

CONSENT FOR USE OF PERSONAL INFORMATION

*

The Parties authorize the Organization to collect and use personal information about the Participant for the purposes described in the Organizations’ policies for privacy. 
 The organization has my consent to:  photograph, video tape, film, record, exhibit, publish and broadcast my name, likeness or sound of my voice in any televised, streaming, promotion, reports, social media, or advertisement about or in connection with activities related to the Organization.

Parent/Guardian Signature *
By typing my name (Last Name, First Name) and submitting this form, The Parties have agreed to all the Terms and Conditions of this York Curling Club INFORMED CONSENT AND ASSUMPTION OF RISK AGREEMENT and that this Agreement is to be binding upon themselves, their heirs, their spouses, parents, guardians, next of kin, executors, administrators and legal or personal representatives on the date and time recorded at the time of submission.  
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