11506358 Canada Association o/a Jump Basketball
Waiver, Release and Consent to Use of Information and Likeness
WARNING: BY SIGNING THIS WAIVER, YOU ARE GIVING UP LEGAL RIGHTS INCLUDING THE RIGHT TO SUE. PLEASE READ IT CAREFULLY.
TO: 11506358 Canada Association o/a Jump Basketball (the “Company”) THIS AGREEMENT WITNESSES that for good and valuable consideration, including the acceptance of the application of the undersigned (or the minor child/ward of the undersigned) for participation in all related events and activities of 11506358 Canada Association o/a Jump Basketball (“Activity”), the sufficiency and receipt of which consideration are hereby acknowledged, the undersigned hereby agrees as follows:
1. Authority. I am the participant in the Activity, or the parent/guardian having full legal responsibility for decisions regarding the minor child/ward who will participate in the Activity. I understand and agree, on my own behalf and on behalf of my minor child/ward, as well as our heirs, assigns, personal representatives and successors that my execution of this document constitutes an unqualified assumption of all risks, a full and final release from liability in favour of the Company and a waiver of all claims against the Company.
2. RELEASE. I AGREE TO RELEASE, AND HEREBY DO RELEASE, THE COMPANY, ITS RESPECTIVE DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, AFFILIATES AND REPRESENTATIVES
(COLLECTIVELY, THE “RELEASEES”), FROM ANY AND ALL LIABILITY THAT THEY OR ANY OF THEM MAY HAVE, FOR ANY PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE OR OTHER LOSS, SUSTAINED BY ME OR MY MINOR CHILD/WARD IN CONNECTION WITH, OR AS A RESULT OF, MY OR MY MINOR CHILD/WARD’S PARTICIPATION IN THE ACTIVITY, DUE TO ANY CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION THE NEGLIGENCE OF THE
COMPANY OR ANY OF THE RELEASEES. BY SIGNING THIS WAIVER, I AGREE THAT THE RELEASEES SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE OR OTHER LOSS, SUSTAINED BY ME OR MY MINOR CHILD/WARD IN CONNECTION WITH, OR AS A RESULT OF, MY OR MY MINOR CHILD/WARD’S PARTICIPATION IN THE ACTIVITY, INCLUDING BUT NOT LIMITED TO THE CONTRACTION OF COVID-19.
3. WAIVER OF CLAIMS. I HEREBY WAIVE, ON MY OWN BEHALF AND ON BEHALF OF MY MINOR CHILD/WARD, ANY AND ALL CLAIMS I OR MY MINOR CHILD/WARD MAY NOW AND IN THE FUTURE HAVE AGAINST THE RELEASEES, OR ANY OF THEM, AND I AGREE NOT TO SUE THE RELEASEES, OR ANY OF THEM, FOR ANY PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE OR OTHER LOSS, SUSTAINED BY ME OR MY MINOR CHILD/WARD IN CONNECTION WITH, OR AS A RESULT OF, MY OR MY MINOR CHILD/WARD’S PARTICIPATION IN THE ACTIVITY, DUE TO ANY CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION THE NEGLIGENCE OF THE COMPANY OR ANY OF THE RELEASEES.
4. Acknowledgement of Risk. I acknowledge that there are certain risks involved in my or my minor child/ward’s participation in the Activity, in addition to the usual risks and dangers inherent in any physical activity, including, without limitation, slips, falls, physical contact with another person, or the malfunction of equipment or facilities. I also acknowledge that there is a risk that my minor child/ward’s participation in the Activity or attendance at events hosted by the Company could lead to my minor child/ward contracting an illness, including but not limited to COVID-19.
5. Risks Contribute to Enjoyment. I acknowledge that the enjoyment and excitement that I or my minor child/ward receives from my or my minor child/ward’s participation in the Activity is derived in part from the risks inherent in participation in the Activity, and that those risks contribute to my or my minor child/ward’s enjoyment and excitement of participating in the Activity.
6. Assumption of Risks. I hereby assume and accept all of the dangers and risks connected with, or related in any way to, my or my minor child/ward’s participation in the Activity, and the possibility of personal injury, illness, death, property damage or loss resulting from any of the foregoing, including but not limited to the contraction of COVID-19.
7. Indemnity. I agree to indemnify and hold harmless the Company and each of the Releasees, from any litigation expense, legal fees, liability, damage, award or cost, of any form or type whatsoever, they may incur due to any claim made against the Company or any Releasee in connection with any claim I have released or waived herein.
8. Representation of Competence or Fitness. I have satisfied myself and believe that I or my minor child/ward is physically, emotionally and mentally able to participate in this program, and that my or his/her equipment is mechanically fit for my or his/her use in this program. I understand, and will instruct my minor child/ward, that all applicable rules for participation must be followed and that at all times the sole responsibility for my personal safety or the safety of my minor child/ward remains with me or my minor child/ward. I will immediately remove myself or my minor child/ward from participation, and notify the nearest official, if at any time I sense or observe any unusual hazard or unsafe condition or if I feel that I or my minor child/ward have experienced any deterioration in my or his/her physical, emotional or mental fitness for continued participation in the Activity.
9. Image Release. By signing this Agreement, I acknowledge that I hereby give the Company consent to use my Image or that of my minor child/ward (“Image” to mean any film, photograph, videotape, video streaming recording, and/or other mechanical means of recording picture and/or sound made by the Company of my likeness or my minor child/ward’s likeness). I also consent to the use and reuse of such Images by the Company for the purpose of the Company’s training, marketing, publicity or promotional purposes. I consent to the Company using the Images in its portfolio, samples, self- promotions, editorial use, or for display on its website or social media accounts. The Company may
crop, alter or modify Images and combine such Images with other images, text, audio recordings and
graphics without notifying me.
10. Privacy & Marketing Consents. I agree that the company may collect, retain, and use personal information about me or my minor child/ward, which information may include but is not limited to, age, skill, ability, residence address, school information, playing statistics, height, weight, and other personal or identifying information about me or my minor child/ward (“Information”). I consent to the Company using this information in order to develop programs, perform analytics, and to share it with the Company’s service providers for the purposes of providing services to me/my minor child/ward, and to retain this information in a confidential and secure manner in accordance with the Company’s Privacy Policy. I provide my explicit consent for the Company to contact me through any form of electronic messaging including text, SMS, MMS, Facebook, Instagram, and/or email in order to
provide me with information about the Company’s programs, services, and events. I understand that this consent may be revoked at any time by providing notice to the Company.
11. No Representation. In entering into this Agreement, I confirm that I am signing this waiver voluntarily and that I am not relying on any representation or statement made by the Company or any of the Releasees, whether oral or in writing, to induce me to participate in the Activity or minimizing the risks or dangers connected with or related to my participation in the Activity.
12. Consent to Emergency Treatment. I authorize the Company to consent to emergency medical treatment in accordance with the best interests of my minor child/ward, should I not be present at the relevant time to grant consent myself.
13. Amendment. I agree that this Agreement may not be modified unless agreed to in writing by me and the Company.
14. Binding Agreement. I agree that this Agreement constitutes a legally binding obligation enforceable in accordance with its terms, and that it shall continue to bind me and my heirs, executors, legal representatives and personal assigns.
15. Governing Law. This Agreement shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein and each of the parties hereby submits to the non-exclusive jurisdiction of the Province of Ontario in connection with this Agreement.
16. Rowans Law. All players under 26 years of age, all parents/guardians of players under 18 years of age, and coaches are required to review Ontario’s Concussion Awareness Resources, Concussion Policy and Code of Conduct on a yearly basis. I agree to review the required resources annually, and sign the 11506358 Canada Association o/a Jump Basketball Association Code of Conduct and acknowledgment form. Participants are required by law to review the Ontario’s Concussion Awareness Resources, which can be found at https://basketball.on.ca/coaching/concussion-resources/), or by asking a representative of 11506358 Canada Association o/a Jump Basketball Association. As a parent or guardian or participant 18 years or older, you are required to review and comply with the OBA Concussion Policy and Code of Conduct.
I confirm that I am 18 years of age, that I have completely read this Agreement and that I fully understand the provisions of this Agreement. I understand that by signing this Agreement I am giving up my legal rights including the right to sue. IN WITNESS WHEREOF the undersigned has
duly signed this Agreement.
IN WITNESS WHEREOF I/We have read, understand and agree to comply with the Waiver as outlined
above. If you have any questions regarding the Waiver give us a call at 647.549.5867
