INFORMED CONSENT AND ASSUMPTION OF RISK AGREEMENT
1. This is a binding legal agreement. Clarify any questions or concerns before signing. Prior to participating, an individual who is younger than the age of majority and who wants to participate in the sport of soccer and the activities, programs, classes and services provided by, and/or in the events sponsored or organized by the Soccer Buds Program and Hockey Buds Inc. which may include but is not limited to: competitions, tournaments, practices, training, personal or strength training, dry land training, training using machines or weights, nutritional and dietary programs, orientational or instructional sessions or lessons, and aerobic and anaerobic conditioning programs (collectively the “Activities”) must have their legal parent/guardian (“the Parties”) acknowledge and agree to the terms outlined in this agreement.
2. The undersigned acknowledges and agrees that they are a parent/guardian of the Participant and have full legal responsibility for the decisions of the Participant.
3. The the Soccer Buds Program and Hockey Buds Inc., and their respective Directors, Officers, committee members, members, employees, coaches, volunteers, officials, participants, agents, sponsors, owners/operators of the facilities in which the
Activities take place, and representatives (collectively the “Organization”) are not responsible for any injury, property damage, death, expense, loss of income, damage or loss of any kind suffered by the Participant during, or as a result of, the Activities.
Description and Acknowledgement of Risks
4. 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
b) The Organization may offer or promote online programming (such as webinars, remote conferences, workshops, and online training) which have different foreseeable and unforeseeable risks than in-person programming
c) The Organization has a difficult task to ensure safety and it is not infallible. the Organization may be unaware of the Participant’s fitness or abilities, may give incomplete warnings or instructions, may misjudge conditions, and the equipment being used might
d)(COVID-19) The COVID-19 disease 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, participating in the Activities could increase the Participant’s risk of contracting COVID-19
5. 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 and may be exposed to such risks, dangers and hazards. The Parties understand that the Organization may fail to safeguard or protect the Participant from the risks, dangers and hazards of the Activities, some of which are listed below. 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; sprains
and fractures, spinal cord injuries, 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 or other surfaces; and travel to and from the premises
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 wear safety or protective equipment; and failure to use or operate equipment within the Participant’s own ability
d) Contact: contact with plexiglass, stands, bleachers, goalposts, other equipment, vehicles, or other persons; and other contact that 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 own ability or within designated areas
g) Sport: I acknowledge that the sport of soccer and its inherent risks, including but not limited to contact with soccer balls, other equipment, or other persons, whether intentional or unintentional, is a common part of soccer programs, and may lead to serious bodily injury, including but not limited to concussions and/or other brain injury, or serious spinal injury.
h) Cyber: privacy breaches; hacking; and technology malfunction or damage
i) Conduct: the Participant’s conduct and conduct of other persons including any physical altercation between participants
j) Travel: travel to and from the Activities
6. In consideration of the Organization allowing the Participant to participate in the Activities, the Parties agree:
a) That when the Participant practices or trains in their own space, the Parties are responsible for the Participant’s surroundings and the location and equipment that is selected for the Participant
b) 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 and physical condition
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, the Participant will remove themselves from participation and bring their observations to a representative of the Organization immediately
f) The risks associated with the Activities are increased when the Participant is impaired and the Participant will not participate if impaired in any way;
g) That it is their sole responsibility to assess whether any Activities are too difficult for the Participant. By the Participant commencing an Activity, they acknowledge and accept the suitability and conditions of the Activity
h) That they are responsible for the choice of the Participant’s safety or protective equipment and the secure fitting of that equipment
i) (COVID-19) 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
7. 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 participate in the Activities
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 release, waiver and indemnity is intended to be as broad and inclusive as is permitted by law of the Province of Newfoundland and if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect.
8. The Parties agree that in the event that they file a lawsuit against Hockey Buds Inc. and the Soccer Buds Program, they will do so solely in the Province of Newfoundland and further agree that the substantive law of the Province of Newfoundland will apply without regard to conflict of law rules.
9. The Parties acknowledge that they have read this agreement and understand it, that they have executed this agreement voluntarily, and that this Agreement is to be binding upon themselves, their heirs, their spouses, guardians, next of kin, executors, administrators and legal or personal representatives.
SOCCER BUDS PROGRAM
DECLARATION OF COMPLIANCE – COVID-19
ALL INDIVIDUALS ENTERING THE FACILITY AND/OR PARTICIPATING IN SANCTIONED ACTIVITIES MUST COMPLY WITH THIS DECLARATION
Hockey Buds Inc., and affiliated programs and leagues (collectively the “Organization”) require the disclosure of exposure or illness is in order to safeguard the health and safety of all participants and limit the further spread of COVID-19. This Declaration of Compliance will be kept safely, and personal information will not be disclosed unless as required by law or with your consent.
An individual (or the individual’s parent/guardian, if the individual is younger than the age of majority) who is unable to agree to the terms outlined in this document is not permitted to enter the Organization’s facilities or participate in the Organization’s activities, programs, or services.
I, the undersigned being the individual named above and the individual’s parent/guardian (if the individual is younger than the age of majority), hereby acknowledge and agree to the terms outlined in this document:
The information below provides you with information regarding our cancellation policy for our program.
Policy updated on Saturday December 17, 2022
What is our cancellation policy?
We offer a Credit to those who successfully meet all the requirements of our cancellation policy.
Our cancellation policy is that a minimum 21 days notice is required for a credit.
A Credit code will not be issued without completing and submitting the cancellation form. Once received, please allow up to 7 days for the processing of a cancellation request.
Please note: A Credit code will only be applicable for the amount credited for [no actually monetary value] and can only be used once.
Under 21 days there will be a $10.00 admin fee charge applied.
If cancelling after the program/league/event starts – No refund or credit will be granted.
Programs/Leagues [prior to starting] impacted by COVID-19 that were suspended or cancelled, a Credit will automatically be applied to your account.
What if my child is unable to use a credit in a future program/league/event?
In case of hardship situations (e.g. – leaving the Province, etc.) that prevents your child from participating in a future program/event/league you may qualify for a refund minus a $10.00 administration fee.
A refund may take 5-10 days to appear on a customer’s statement. Processing [Stripe] fees for the original payment won’t be returned.
How do I submit a cancellation request?
In order to submit a cancellation request form you must meet the above criteria, complete and submit a cancellation request form via the following link https://hockeybuds.ca/cancellation/ as we require this for our records.
A credit and/or refund* will not be issued without completing and submitting this form. Once received, we will provide a Credit code or Refund* within 7 days which can be applied to any upcoming registration form.
What happens to my Credit if future programs are cancelled?
If you have successfully enrolled in a future program / league and applied your Credit code toward enrollment fees and that program is cancelled a minimum of 21 days prior to that scheduled program’s / league’s start date, an option of a full Refund* or Credit would be reapplied to your account. All new registrations would qualify for a Credit Only.
*A refund may take 5-10 days to appear on a customer’s statement. Processing [Stripe] fees for the original payment won’t be returned.
What happens if a program in progress has to be suspended or cancelled due to COVID-19?
Make up sessions will be re-schedule once permission has been granted to resume our program by Newfoundland and Labrador Ball Hockey Association, Canadian Ball Hockey Association, Sport NL and by the Department of Health and Community Services.
Will my Credit guarantee me a slot in a future program?
Your Credit is not a guarantee for a spot for enrollment for your child however only impacts the cost of such enrollment. If space is available then your Credit Code can be applied.
Will my Credit cover a future program even if registration fees go up?
Your Credit code guarantees you full value* for an upcoming program / league of equal length of your original enrollment even if registration costs go up, your credit will cover those costs and no further registration fees would be required.
* If your Credit is pro-rated due to a charge being applied then the value of the credit would be applied to a future registration. [e.g. registration is $ 120.00 – Prorated Credit of a $100.00 applied leaving $20.00 owing.]