Description and Acknowledgement ofRisks
4. The Parties understand andacknowledge that:
a)The Activities have foreseeable andunforeseeable inherent risks, hazards and dangers that no amount of care,caution or expertise can eliminate, including without limitation, the potentialfor serious bodily injury, permanent disability, paralysis and loss of life
b)TheOrganization may offer or promote online programming (such as webinars, remoteconferences, workshops, and online training) which have different foreseeableand unforeseeable risks than in-person programming
c)The Organization has a difficulttask to ensure safety and it is not infallible. the Organization may be unawareof the Participant’s fitness or abilities, may give incomplete warnings orinstructions, may misjudge conditions, and the equipment being used mightmalfunction
d)(COVID-19) The COVID-19 diseasehas been declared a worldwide pandemic by the World Health Organization andCOVID-19 is extremely contagious. The Organization has put in placepreventative measures to reduce the spread of COVID-19; however, theOrganization cannot guarantee that the Participant will not become infectedwith COVID-19. Further, participating in the Activities could increase theParticipant’s risk of contracting COVID-19
5. The Participant is participating voluntarilyin the Activities. In consideration of that participation, the Parties herebyacknowledge that they are aware of the risks, dangers and hazards and may beexposed to such risks, dangers and hazards. The Parties understand thatthe Organization may fail to safeguard or protect the Participant from therisks, dangers and hazards of the Activities, some of which are listed below. The risks, dangers and hazardsinclude, but are not limited to:
a)Health:executing strenuous and demanding physical techniques; physical exertion;overexertion; stretching; dehydration; fatigue; cardiovascular workouts; rapidmovements and stops; lack of fitness or conditioning; traumatic injury; sprainsand fractures, spinal cord injuries, bacterial infections; rashes; and thetransmission 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; collisionswith objects, walls, equipment or persons; dangerous, unsafe, or irregularconditions on floors or other surfaces; and travel to and from the premises
c)Use ofequipment: mechanical failure of the equipment; negligent design or manufactureof the equipment; the provision of or the failure by the Organization toprovide any warnings, directions, instructions or guidance as to the use of theequipment; failure to wear safety or protective equipment; and failure to useor operate equipment within the Participant’s own ability
d)Contact:contact with plexiglass, stands,bleachers, goalposts, other equipment, vehicles, or other persons; and othercontact that may lead to serious bodily injury, including but not limited toconcussions and/or other brain injury or serious spinal injury
e)Advice:negligent advice regarding the Activities
f)Ability: failingto act safely or within the Participant’s own ability or within designatedareas
g)Sport: thesport of ball hockey and itsinherent risks, including but not limited to checking, tripping, high-sticking,hooking, holding, interference, punching, slashing or any other physicalcontact by participants, objects or equipment
h)Cyber:privacy breaches; hacking; and technology malfunction or damage
i)Conduct: theParticipant’s conduct and conduct of other persons including any physicalaltercation between participants
j)Travel:travel to and from the Activities
Terms
6. In consideration of the Organizationallowing the Participant to participate in the Activities, the Parties agree:
a)Thatwhen the Participant practices or trains in their own space, the Parties areresponsible for the Participant’s surroundings and the location and equipmentthat is selected for the Participant
b)That the Participant’s mental andphysical condition is appropriate to participate in the Activities and theParties assume all risks related to the Participant’s mental and physicalcondition
c)To comply with the rules andregulations for participation in the Activities
d)To comply with the rules of thefacility or equipment
e)That if the Participant observes anunusual significant hazard or risk, the Participant will remove themselves fromparticipation and bring their observations to a representative of theOrganization immediately
f)The risks associated with theActivities are increased when the Participant is impaired and the Participant willnot participate if impaired in any way;
g)That it is their sole responsibilityto assess whether any Activities are too difficult for the Participant. By theParticipant commencing an Activity, they acknowledge and accept the suitabilityand conditions of the Activity
h)That they are responsible for thechoice of the Participant’s safety or protective equipment and the securefitting of that equipment
i)(COVID-19)That COVID-19 iscontagious in nature and the Participant may be exposed to, or infected by,COVID-19 and such exposure may result in personal injury, illness, permanentdisability, or death