Tamil Sports Association of Waterloo Region

ASSUMPTION OF RISK AND WAIVER OF CLATMS AND LIABILITY AGREEMENT (Version 1)

This is a binding legal agreement. Clarify any questions or concerns before agreeing to be bound by this Agreement.

1. This Agreement must be signed by the Participant and/or the Participant's parent/guardian (if applicable, when the Participant is younger than the age of eighteen (18) years old. The Participant agrees to be bound by and acknowledges the terms set out in this Agreement. When applicable, the Participant's parent/guardian acknowledges and agrees to the terms on behalf of the Participant and references in this document to the Participant agreeing to or acknowledging a risk or term is understood to be referring to the Participant's parent/guardian agreeing to or acknowledging the risk or term on behalf of the Participant.

ACTIVITIES

1. The Participant warrants that the Participant is voluntarily participating in the sport of badminton and the spectating, orientation, instruction, activities, competitions, programs, and services (collectively the "Activities") of the TSAWR. For further clarity, the TSAWR includes its Directors, Officers, committee members, members, employees, coaches, volunteers, participants, owners/operators of the facilities in which the Activities take place, and representatives, and is 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, even when caused by the negligence of the TSAWR.

RISKS

1. 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 but are not limited to:
2. Executing strenuous and demanding physical techniques.
3. Vigorous physical exertion, strenuous cardiovascular workouts, and rapid movements.
4. Exerting and stretching various muscle groups.
5. The failure to properly use any piece of equipment or from the mechanical failure of any piece of equipment.
6. Spinal cord injuries which may render the Participant permanently paralyzed.
7. Serious injury to virtually all bones, joints, ligaments, muscles, tendons, and other aspects of the Participant's body or to the Participant's general health and well-being.
8. Abrasions, sprains, strains, fractures, or dislocations.
9. Concussion or other head injuries, including but not limited to, closed head injury or blunt head trauma.
10. Physical contact with other participants, spectators, equipment, and hazards.
11. Contact with a racquet, shuttlecock, net, or the court.
12. Not wearing appropriate safety or protective equipment.
    1. Failure to act safely or within the Participant's own ability or within designated areas.
13. Exposure to disease including COVID-19 and other contagious illnesses.

1. While the TSA will use every best effort to demonstrate and implement reasonable precautions to protect Participants, there is no guarantee that every situation involving risk to a Participant can be avoided when participating in activities delivered by the TSAWR.

TERMS

1. In consideration of the TSAWR allowing the Participant to participate in the Activities, the Participant (or the Participant's parent/guardian, if applicable) agrees:
2. That the Participant is not relying on any oral or written statements made by the TSAWR, contained in any medium, including but
3. not limited to a brochure or advertisement or in individual conversations, to agree to participate in the Activities.
4. That when the Participant practices or trains in their own space, the Participant is responsible for the Participant's surroundings and the location and equipment that is selected for the Participant.

1. That the Participant's mental and physical condition is appropriate to participate in the Activities and the Participant assumes all risks related to the Participant's mental and physical condition.
2. To comply with the rules and regulations for participation in the Activities as outlined in the regulation section of each Activity; extending to and including additional heall11and safety practices as required by the TSAWR.
3. To comply with the rules of the facility and use all equipment properly and for its intended purpose only.
4. That if the Participant observes an unusual significant hazard or risk, the Participant will remove themselves from participation and immediately bring their observations to a representative of the TSAWR.
5. The risks associated with the Activities are increased when the Participant is impaired, and the Participant will not participate if impaired in any way.
6. That it is the Participant's sole responsibility to assess whether any Activities are beyond the skill level of the Participant. By the Participant commencing an Activity, the Participant acknowledges and accepts the suitability and conditions of the Activity as measured against the skills of the Participant.
7. That COYID-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; and
8. That the Participant is responsible for choosing the Participant's safety or protective equipment and the secure fitting of that equipment. Kids under 19 must wear Safety glass at all the in the courts. 

DISCLAIMER

1. The Participant (or the Participant's parent/guardian, if applicable) 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 TSAWR. The Participant, when the age of majority or older, accepts and fully resumes 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.

1. The Participant (when 18 years old or older) forever releases an::!indemnifies the TSAWR from any and all liability for any and all clain1s, 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 TSAWR 's negligence, gross negligence, negligent rescue, 0111issions, carelessness, breach of contract and/or breach of any statutory duty of care of TSAWR.

1. The TSAWR is not responsible or liable for any damage to the Participant’s vehicle, property, or equip111ent that may occur as a result of the Activities. This Agreement is governed by the laws of the Province of Ontario and if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect. Notwith5tanding the waiver of Claims as set out above, the Participant (or the Participant's parent/guardian, if applicable) agrees to file any proceeding against ll1e TSAWR in the Province of Ontario and further agrees that the substantive. Law of l11e Province of Ontario will apply with regard to conflict of law rules.

ACKNOWLEDGMENT

1. The Participant (and the Participant's parent/guardian, if applicable) acknowledges that they have read and understand this agreement, that they have executed this agreement voluntarily, and that this agreement is to be binding upon themselves, their heirs, spouse, children, parents, guardians, next to kin, executors, administrators and legal or personal representatives. It is further acknowledged that by signing this agreement the Participant (when 18 years old or older) has waived the right to maintain a lawsuit against the TSAWR on the basis of any claims from which they have released herein.

Permission to Use Photograph

I grant to Tamil Sports Association of Waterloo Region (TSAWR), its officials and representatives the right to take photographs of me and my property in connection with the above-identified subject. I authorize TSAWR, its assigns and transferees to copyright, use and publish the same in print and/or electronically.

I agree that TSAWR may use such photographs of me with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and Web content.

I have read and understand the above:

Tamil Sports Association of Waterloo Region 

NPO # 10000552288

P.O Box 75070, Kitchener,  Ontario, N2A 4A5

Email: director@tamilsports.org

Phone: # 519 - 222 - 7861