CANADIAN BALL HOCKEY ASSOCIATION

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 ball hockey and the activities, programs, classes and services provided by, and/or in the events sponsored or organized by the Canadian Ball Hockey Association ,Newfoundland
and Labrador Ball Hockey Association, the Hockey Buds Leagues/Programs 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.

Disclaimer

3.   The Canadian Ball Hockey Association, Newfoundland and Labrador Ball Hockey Association, the Hockey Buds Leagues/Programs 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 malfunction

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: the sport of ball hockey and its inherent risks, including but not limited to checking, tripping, high-sticking, hooking, holding, interference, punching, slashing or any other physical contact by participants, objects or equipment

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

Terms

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 Agreement is intended to be as broad and inclusive as is permitted by law of the Province of BC and if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect

Jurisdiction

8.  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 BC and they further agree that the substantive law of the Province of BC will apply without regard to
conflict of law rules. 

Acknowledgement

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.

CANADIAN BALL HOCKEY ASSOCIATION

DECLARATION OF COMPLIANCE – COVID-19

WARNING!

1. The coronavirus disease 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 and requires all individuals (or their parent/guardian, when applicable) to adhere to the compliance standards described in this document.
2. The individual has not been diagnosed with COVID-19. OR If the individual was diagnosed with COVID-19, the individual was cleared as noncontagious by provincial or local public health authorities.
3. If the individual is a front-line worker (such as hospital staff, long term care staff, or other individual who interacts with individuals who have confirmed or suspected cases of COVID-19), the individual has worn proper and approved Personal Protective Equipment at all times whenever they interacted with an individual who has a confirmed or suspected case of COVID-19 in the last 14 days.
4. If the individual is not a front-line worker, they have not been exposed to a person with a confirmed or suspected case of COVID-19 in the last 14 days.
5. The individual is attending or participating voluntarily and understands the risks associated with COVID-19. The individual (or the individual’s parent/guardian, on behalf of the individual (when applicable)) agrees to assume those risks, including but not limited to exposure and being infected.
6. The individual has not, nor has anyone in the individual’s household, experienced any signs or symptoms of COVID-19 in the last 14 days (including fever, new or worsening cough, fatigue, chills and body aches, respiratory illness, difficulty breathing, nausea, vomiting or diarrhea, pink eye, or loss of taste or smell).
7. If the individual experiences, or if anyone in the individual’s household experiences, any signs or symptoms of COVID-19 after submitting this Declaration of Compliance, the individual will immediately isolate, notify the Organization, and not attend any of the Organization’s facilities, activities, programs or services until at least 14 days have passed since those symptoms were last experienced.
8. The individual has not, nor has any member of the individual’s household, travelled to or had a lay-over in any country outside Canada, or in any province/territory outside of the individual’s place of residence in the past 14 days. If the individual travels, or if anyone in the individual’s household travels, outside of the individual’s place of residence after submitting this Declaration of Compliance, the individual will not attend any of the Organization’s facilities, activities, programs or services until at least 14 days have passed since the date of return.
9. The individual is following recommended guidelines, including but not limited to, practicing physical distancing, trying to maintain separation of six feet from others, adhering to recognized hygiene best practices, and otherwise limiting exposure to COVID-19.
10. The individual will follow the safety, physical distancing and hygiene protocols of the Organization.
11. The individual will bring their own personal items and personal equipment (such as water bottles, bags, towels, etc.) at their discretion and will not share their personal items or equipment with other individuals.
12. This document will remain in effect until the Organization, per the direction of the provincial government and provincial health officials, determines that the acknowledgements in this Declaration of Compliance are no longer required.
13. The Organization may remove the individual from the facility or from participation in the activities, programs or services of the Organization at any time and for any reason if the Organization believes, in its sole discretion, that the individual is no longer in compliance with any of the standards described in this document.

Hockey Buds Program Media Consent Policy

By submitting a Hockey Buds Program participation form, I hereby grant Hockey Buds Leagues/Programs and Hockey Buds Inc. the irrevocable right and permission to use photographs and/or video recordings of me on Hockey Buds Inc. and other websites and in publications, promotional flyers, educational materials, derivative works, or for any other similar purpose without compensation to me.

I understand and agree that such photographs and/or video recordings of me may be placed on the Internet. I also understand and agree that I may be identified by name and/or title in printed, Internet or broadcast information that might accompany the photographs and/or video recordings of me. I waive the right to approve the final product. I agree that all such portraits, pictures, photographs, video and audio recordings, and any reproductions thereof, and recordings and digital files are and shall remain the property of Hockey Buds Inc.

I understand that this right includes the right to combine my picture, voice, and/or moving image with others and the right to alter any of these for the purposes described above.

I agree to release Hockey Buds Inc. and all of its officers, employees, and agents from any liability claims and costs of whatever kind that occur in connection with my actions while being photographed or recorded for Hockey Buds Inc. sanctioned programs, events and leagues.

Also by submitting this participation form I acknowledge that the participant being photographed/recorded is under eighteen (18) years old, and that I as a parent/ guardian have read and I understand this document. I understand and agree that it is binding on me, my child (named above), our heirs, assigns and personal representatives.

I acknowledge that I am eighteen (18) years old or more and that I am the parent or guardian of the child named above.