ONTARIO COLLEGES ATHLETIC ASSOCIATION
ASSUMPTION OF RISK, WAIVER OF CLAIMS, AND RELEASE OF LIABILITY AGREEMENT
This is a binding legal agreement. Clarify any questions or concerns before signing.
1. This Agreement must be signed by the Participant or by the Participant’s parent/guardian when
the Participant is younger than 18 years old (the “Parties”), prior to participation. The Parties
acknowledge and agree to the terms outlined in this document.
ACTIVITIES
2. The Participant is voluntarily participating in inter-collegiate sport and the activities,
competitions, programs, and services (collectively the “Activities”) of the Ontario Colleges
Athletic Association. The Activities may include but are not limited to including competitions,
tournaments, games, 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.
3. The Ontario Colleges Athletic Association and its directors, officers, council members,
committee members, employees, contractors, volunteers, umpires, officials, agents, sponsors,
owners/operators of the facilities in which the Activities take place, and representatives
(collectively the “Organization”) are not responsible for any injury, personal injury, damage,
property damage, expense, loss of income or loss of any kind suffered by a Participant during or as
a result of the Activities.
RISKS
4. 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. These risks include:
a) Ability: failing to act safely or within the Participant’s own ability or within designated
areas
b) Advice: negligent advice regarding the Activities
c) Contact: contact with participants, sports 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
d) 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
e) Premises: defective, dangerous or unsafe condition of the facilities; falls; collisions with
objects or barriers that are a part of the premises such as fences, poles and stands; dangerous,
unsafe, or irregular conditions on the grass, ground, field or other surfaces; extreme weather
conditions; and travel to and from the premises
f) 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
5. COVID-19. The COVID-19 disease has been declared a worldwide pandemic by the World Health
Organization and 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 or any other contagious disease.
6. COVID-19 Protocol. The Organization may develop COVID-19 protocols to which all Participants
and their parents/guardians must adhere. The Participant (and their parents/guardians, when
applicable) has reviewed COVID-19
protocols and, when applicable, responded to any COVID-19 questionnaire or compliance declaration
provided to the
Participant by the Organization. The Organization has the discretion to remove any Participant (and
their parents/guardians, if applicable) who does not comply with the protocols.
TERMS
7. In consideration of the Organization allowing the Participant to participate in the Activities,
the Parties agree:
a) 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
b) To comply with the rules and regulations for participation in the Activities
c) That it is the Parties’ sole responsibility to assess whether any Activities are too difficult
for the Participant. By the Participant commencing an Activity, the Parties acknowledge and accept
the suitability and conditions of the Activity
d) 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
ACTIVITIES STATUS
8. The Parties agree that the Organization has the discretion to cancel any scheduled Activities
or modify the structure of any Activities due to a public health or safety issue. The Parties
further agree that the Organization may implement and enforce guidelines for participation that may
include signing declarations of compliance or requiring that personal protective equipment be worn
by the Parties. The Organization has the discretion to remove any Party who does not comply with
compliance protocols or wear personal protective equipment. When required, the Parties are
responsible for providing their own personal protective equipment.
DISCLAIMER
9. When the Participant is 18 years old or older, the Participant assumes all risks arising out
of, associated with or related to, participation in the Activities and waives any and all claims
that the Participant may have now or in the future against the Organization. The Participant, when
the age of majority or older, accepts and fully assumes all such risks and possibility of personal
injury, death, property damage, expense and related loss, including loss of income, resulting from
participation in the Activities.
10. When the Participant is 18 years old or older, the Participant forever releases 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 the
Participant has or may have in the future, that might arise out of, result from, or relate to,
participation in the Activities, even though such Claims may have been caused by any manner
whatsoever, including but not limited to, the Organization’s negligence, gross negligence,
negligent rescue, omissions, carelessness, breach of contract and/or breach of any statutory duty
of care of the Organization.
11. This Agreement is intended to be as broad and inclusive as is permitted by law and if any
portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force
and effect. The Parties agree to file any lawsuit against the Organization in the Province of
Ontario and further agree that the substantive law of the Province of Ontario will apply with
regard to conflict of law rules.
