WAIVER, RELEASE OF LIABILITY & ASSUMPTION OF RISK
Please read the following carefully before signing.
This Agreement affects your legal rights.
For the purposes of this Agreement, “APEX” means
Apex Lacrosse Club, Apex Lacrosse Academy, ET41 Lacrosse, camps,
clinics, training sessions, teams, tournaments, leagues, strength
and conditioning activities, and other related lacrosse programming.
ASSUMPTION OF RISK
I understand that participation in APEX programs and activities
(collectively, the “Activities”) involves inherent
risks and dangers, including but not limited to:
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falls, slips, trips, contact or collisions with other participants,
coaches, equipment, playing surfaces, boards, walls or other objects;
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contact with lacrosse sticks, balls and other equipment;
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head, brain, neck and spinal injuries, including concussion, which may
result in temporary or permanent impairment, paralysis or death;
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fractures, sprains, strains and other musculoskeletal or soft-tissue
injuries;
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overexertion, fatigue and other injuries arising from physical activity;
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risks associated with travel to, from or in connection with the
Activities; and
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the acts, omissions or negligence of other participants or persons
involved in the Activities.
I understand that these and other risks may result in serious injury,
permanent disability, long-term health effects or death. I freely accept
and fully assume all such risks and dangers associated with the
Participant's participation in the Activities.
RULES, EQUIPMENT & SAFETY
I agree that the Participant will comply with all applicable rules,
instructions and safety requirements relating to the Activities,
including the directions of coaches, instructors, facility staff and
program organizers.
I understand that the Participant is responsible for using appropriate
lacrosse and protective equipment as required for the Activities and for
ensuring that such equipment is properly fitted and maintained.
RELEASE OF LIABILITY
In consideration of the Participant being permitted to participate in
the Activities, I hereby release and forever discharge APEX,
Quad-Spec Sales Ltd., and their respective owners, directors, officers,
employees, coaches, instructors, independent contractors, agents,
representatives, volunteers, organizers, sponsors, advertisers,
successors and assigns (collectively, the
“Releasees”) from any and all claims, demands,
actions, damages, losses, costs or causes of action arising from or
related to the Participant's participation in the Activities.
This release includes claims arising from the negligence of the
Releasees, breach of contract, breach of statutory duty, duties imposed
under Alberta's Occupiers' Liability Act, breach of any
common-law duty, or errors or omissions in judgment, to the fullest
extent permitted by law.
PARTICIPANT CONDITION & EQUIPMENT
I acknowledge that the Participant is responsible for participating
within their abilities and physical condition. I understand that it is
the responsibility of the Participant and/or Parent/Legal Guardian to
disclose any relevant medical condition, injury, limitation or other
circumstance that may affect safe participation in the Activities.
I agree that the Participant will comply with applicable lacrosse rules
and safety requirements and will use the protective equipment required
for the applicable Activity, including CSA-approved equipment where
required.
INDEMNITY
I agree to indemnify and hold harmless the Releasees from any claims,
demands, actions, damages, losses, costs or expenses arising out of or
related to the Participant's participation in the Activities, including
claims brought by or on behalf of the Participant, to the fullest extent
permitted by law.
GENERAL
I understand and agree that this Agreement is intended to be as broad and
inclusive as permitted by the laws of the Province of Alberta and shall be
governed by and interpreted in accordance with the laws of Alberta.
If any provision of this Agreement is found to be invalid or unenforceable,
the remaining provisions shall continue in full force and effect.
I acknowledge that I have carefully read this Agreement, understand its
contents and understand that by signing it I am giving up certain legal
rights, including the right to bring certain claims against the Releasees.
I acknowledge that I have had the opportunity to ask questions and to seek
independent legal advice before signing this Agreement.
PARENT / LEGAL GUARDIAN ACKNOWLEDGEMENT
If the Participant is under the age of 18, I certify that I am the
Participant's parent or legal guardian, or that I otherwise have legal
authority to execute this Agreement on the Participant's behalf.
I consent to the Participant's participation in the Activities and agree
to the terms of this Agreement on behalf of the Participant and myself.
I acknowledge and accept the risks described above and agree to the
release and indemnity provisions of this Agreement to the fullest extent
permitted by law.