1.This is a binding legal agreement. Clarify any questions or concerns before signing. As a Participant in activities, programs, classes,services provided and events sponsored or organized by Canadian Collegiate Athletic Association (the “Organization”), including butnot limited to: games, tournaments, practices, training, personal training, instructional sessions or lessons, conditioning programs onany surface owned, managed or occupied by the Organization, including but not limited to ice or turf/field surface (collectively the“Activities”), the undersigned acknowledges and agrees to the following terms outlined in this agreement:

 

Disclaimer

 

2.The Organization, their respective directors, officers, committee members, members, employees, coaches, volunteers, officials,participants, agents, independent contractors, subcontractors, sponsors, owners/operators of the facility in which the Activities takeplace, successors and assigns, and representatives are not responsible for any injury, property damage, expense, loss of income,damage or loss of any kind suffered by a Participant during, or as a result of, the Activities, caused in any manner whatsoeverincluding, but not limited to, the negligence of the Organization.

Description of Risks

 

3.I understand and acknowledge that

 

•The Activities have foreseeable and unforeseeable inherent risks, hazards and dangers that no amount of care, caution orexpertise can eliminate, including without limitation, the potential for serious bodily injury, permanent disability, paralysis andloss of life;

•The Organization has a difficult task to ensure safety and it is not infallible. The Organization may be unaware of my fitness orabilities, may misjudge weather or environmental conditions, may give incomplete warnings or instructions, and the equipmentbeing used might malfunction; and

•The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization and COVID-19is 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, attendingthe Activities could increase my risk of contracting COVID-19.

•That due to the COVID-19 pandemic there are maximum limits for gathering size set by the Provincial Government, and thatthis number may change at any time. I acknowledge that gathering size limits may need to be adjusted with or without notice tome to maintain compliance.

 

4.I am participating voluntarily in the Activities. In consideration of my participation, I hereby acknowledge that I am aware of therisks, dangers and hazards associated with or related to the Activities which could result in damage, loss, serious physical injury, or death. The risks, dangers and hazards include, but are not limited to, injuries from:

•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, bacterialinfections, rashes, and the transmission of communicable diseases, including viruses of all kinds, COVID-19, bacteria,parasites or other organisms or any mutation thereof.

•Premises: defective, dangerous, or unsafe condition of the facilities; falls; collisions with objects, walls, equipment, orpersons; dangerous, unsafe, or irregular conditions on ice, turf/grass or other surfaces, extreme weather conditions; travelto and from premises.

•Use of Equipment: mechanical failure of the equipment; negligent design or manufacture of the equipment; the provision ofor the failure by the Organization to provide any warnings, directions, instructions or guidance as to the use of theequipment; failure to use or operate the equipment properly and/or within my own ability.

•Contact: contact with any and all sporting equipment, nets, boards, benches, stands, poles, fences or other persons,whether intentional or unintentional, is a common part of ice and/or turf/field programs, and may lead to serious bodilyinjury, including but not limited to concussions and/or other brain injury, including but not limited to closed head injury orblunt head trauma or serious spinal injury which may render the participant permanently paralyzed.

•Serious injury to virtually any and / or all bones, joints, ligaments, muscles, tendons, and other aspects of the participantsbody or to the participants general health and wellbeing.

•Abrasions, sprains, strains, fractures, or dislocations.

•Ice, grass, turf, and other surfaces including bacterial infections and rashes

•Advice: negligent advice regarding ice and/or turf/field programs

•Ability: Failing to act safely within my own capability and/or within designated areas

•Sport: the use of ice and/or field/turf and its inherent risks.

•Conduct: My conduct and the conduct of other persons including any physical altercation between ice and/or fieldparticipants and/or spectators

•Travel: Travel to and from the Activities

•Negligence: My negligence and negligence of other persons, including NEGLIGENCE ON the PART OF THEORGANIZATION, may increase the risk of damage, loss, personal injury or death. I understand that the Organization mayfail to safeguard or protect me from the risks, dangers, and hazards of ice and/or turf/field programs, some of which arereferred to above.

Initials:

 

Terms

5.In consideration of the Organization allowing me to participate in the Activities, I agree:

•That my mental and physical condition is appropriate to participate in the Activities and I assume all risks related to my mentalor physical condition.

•That when I play, practice or train I am responsible for my surroundings

•To comply with the rules and regulations for participation in the Activities.

•To comply with the rules of the facility or equipment.

•To comply at all times with all applicable Government Orders, Statutes, Acts, Regulations and Guidelines, including but notlimited to those pertaining to COVID-19.

•That if I observe an unusual significant hazard or risk, I will remove myself from participation and bring such to the attention ofthe Organization representative immediately.

•The risks associated with the Activities are increased when I am impaired, and I agree not to participate if impaired in any way.

•That it is my sole responsibility to assess whether any Activities are too difficult for me. By commencing an Activity, I acknowledgeand accept the suitability and conditions of the Activity.

•That I am responsible for my choice of protective equipment and the secure fitting of that equipment.

•That COVID-19 is contagious in nature and I may be exposed to or infected by COVID-19 and such exposure may result inpersonal injury, illness, permanent disability, or death and voluntarily agree to assume all the foregoing risks.

Release of Liability and Disclaimer

 

6.In consideration of the Organization allowing me to participate in the Activities, use its equipment and facilities, I agree:

 

•That the sole responsibility for my safety remains with me;

•To ASSUME all risks arising out of, associated with or related to my participation;

•That I am not relying on any oral or written statements made by the Organization or its agents, whether in a brochure oradvertisement or in individual conversations, to agree to be involved in the Activities;

•To WAIVE any and all claims that I may have now or in the future against the Organization;

•To freely ACCEPT AND FULLY ASSUME all such risks and possibility of personal injury, death, property damage, expense andrelated loss, including loss of income, resulting from my participation in the activities, events and programs of the Organization;

•To FOREVER RELEASE AND INDEMNIFY the Organization from any and all liability for any and all claims, demands, actions,damages (including direct, indirect, special and/or consequential), losses, actions, judgments, and costs (including legal fees)(collectively, the “Claims”) which I have or may have in the future, that might arise out of, result from, or relate to my participationin the Activities, even though such Claims may have been caused by any manner whatsoever, including but not limited to, thenegligence, gross negligence, negligent rescue, omissions, carelessness, breach of warranty, breach of contract and/or breachof any statutory duty of care of the Organization;

•TO HOLD HARMLESS AND INDEMNIFY the Organization from any and all liability for any damage, loss, expense or injury toany third party resulting from my participation in the Activities.

•To FOREVER RELEASE AND INDEMNIFY the Organization relating to becoming exposed to or infected by COVID-19 whichmay result from the actions, omission or negligence of myself and others, including but not limited to the Organization;

•TO HOLD HARMLESS AND INDEMNIFY the Organization from any and all liability for any damage, loss, expense or injuryresulting from any changes in gathering size as mandated by any Government Order, Act, Regulation, Statute or Bylaw;

•That the Organization is not responsible or liable for any damage to my vehicle, property, or equipment that may occur as aresult of the Activities;

•That negligence includes failure on the part of the Organization to take reasonable steps to safeguard or protect me from therisks, dangers and hazards associated with the Activities; and

•This release, waiver and indemnity is intended to be as inclusive as is permitted by law of the Province of Ontario and if anyportion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect.

Jurisdiction

 

7.Notwithstanding the above, I agree that in the event that I file a claim against the Organization, I agree to do so solely in the provinceof Ontario, Canada and further agree that the substantive law of Ontario will apply in the event of conflict of law rules. I further agree thatif any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.

Acknowledgement

 

8.I acknowledge that I have read and understand this agreement, that I have executed this agreement voluntarily, and that thisagreement is to be binding upon myself, my heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legalor personal representatives. I further acknowledge by signing this agreement I have waived my right to commence or maintain any actionagainst the Organization on the basis of any claims from which I have released herein.