ONTARIO LAWN BOWLS ASSOCIATION - RELEASE OF LIABILITY, WAIVER OF
CLAIMS AND INDEMNITY AGREEMENT
WARNING! Please read carefully! By signing
this document, you will waive certain legal rights, including the right to sue
1. This is a binding legal agreement. Clarify any questions or concerns before signing. Prior to participating, an individual who is the age of majority or older and who wants to participate in the sport of lawn bowling and the activities must acknowledge and agree to the terms outlined in this agreement. A guardian above the age of majority must agree on behalf of a minor bowler.. These activities, programs, classes, and services may be provided by, and/or in the events sponsored or organized by Bowls Canada Boulingrin, Ontario Lawn Bowls Association and the Burlington Lawn Bowling Club which may include, but are not limited to: competitions, tournaments, 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 (collectively the “Activities”).
Disclaimer
2. Bowls Canada Boulingrin, Ontario Lawn Bowls Association and the Burlington Lawn Bowling Club and their respective Directors, Officers, committee members, members, employees, coaches, volunteers, officials, participants, 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, caused in any manner whatsoever including, but not limited to, the negligence of the Organization.
Description and Acknowledgement of Risks
3. I Understand and acknowledge that
a) 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
b) The Organization may offer or promote online
programming (such as webinars, remote conferences, workshops, and online
training) which have different foreseeable and unforeseeable risks than
in-person programming
c) The Organization has a difficult task to ensure safety,
and it is not infallible. The Organization may be unaware of my fitness or
abilities, may misjudge weather or environmental conditions, may give
incomplete warnings or instructions, and the equipment being used might
malfunction
d) The Organization
cannot guarantee that I will not become infected with COVID-19 and other
communicable diseases. Further, participating in the Activities could increase
my risk of contracting COVID-19 or other communicable diseases.
4. I am participating voluntarily in the Activities. In consideration of my participation, I hereby acknowledge that I am aware of the risks, dangers and hazards associated with or related to the Activities. I understand that the Organization may fail to safeguard or protect me from the risks, dangers and hazards of the Activities, some of which are listed below. The risks, dangers and hazards include, but are not limited to:
a) 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
b) Premises: defective, dangerous or unsafe condition of the facilities; falls; collisions with objects, walls, equipment or persons; dangerous, unsafe, or irregular conditions on lawn bowling surfaces, bowling greens, or other surfaces; extreme weather conditions; and travel to and from the premises
c) 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 my own
ability
d) Contact: contact with lawn bowling bowls, jacks, other 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
e) Advice: negligent advice regarding the Activities
f) Ability: failing to act safely or within my own
ability or within designated areas
g) Sport: the sport of lawn bowling and its inherent risks, including but not limited to walking, running, lunging, slipping on the bowling green, delivering the bowl, picking up the bowls, stepping onto the bowling green from the walkway or onto the walkway from the bowling green, or stepping over dividers that divide one bowls green from the next
h) Cyber: privacy breaches; hacking; and technology
malfunction or damage
i) Conduct: my conduct and conduct of other persons
including any physical altercation between participants
j) Travel: travel to and from the Activities
k) Negligence: my negligence and negligence of other persons, including NEGLIGENCE ON THE PART OF THE ORGANIZATION, which may increase the risk of damage, loss, personal injury or death
Terms 5.
5. In consideration of the Organization allowing me to participate in the Activities, I agee:
a) That when I practice or train in my own space, I am
responsible for my surroundings, the location and equipment that I select
b) That my mental and physical condition is appropriate
to participate in the Activities and I assume all risks related to my mental
and physical condition
c) To comply with the rules and regulations for
participation in the Activities
d) To comply with the rules of the facility or equipment
e) That if I observe an unusual significant hazard or
risk, I will remove myself from participation and bring my observations to a
representative of the Organization immediately
f) The risks associated with the Activities are increased
when I am impaired, and I will not participate if impaired in any way
g) That it is my sole responsibility to assess whether
any Activities are too difficult for me. By commencing an Activity, I
acknowledge and accept the suitability and conditions of the Activity
h) That I am responsible for my choice of safety or
protective equipment and the secure fitting of that equipment
i) That I may be exposed to, or infected by, COVID-19 or
other communicable diseases and such exposure may result in personal injury,
illness, permanent disability, or death
j) That the OLBA may collect personal information for several purposes, including sending occasional communication related to the OLBA’s programs. In those cases, the OLBA will offer the participant the option to opt out.
Release of
Liability and Disclaimer
6. In consideration of the Organization allowing me to
participate, I agree:
a) That the sole responsibility for my safety remains
with me
b) To ASSUME all risks arising out of, associated with or
related to my participation
c) That I am not relying on any oral or written
statements made by the Organization or its agents, whether in a brochure or
advertisement or in individual conversations, to agree to participate in the Activities
d) To WAIVE any and all claims that I may have now or in
the future against the Organization
e) To freely ACCEPT AND FULLY ASSUME all such risks and possibility of personal injury, death, property damage, expense and related loss, including loss of income, resulting from my participation in the Activities
f) To FOREVER RELEASE 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 participation in the Activities, even though such Claims may have been caused by any manner whatsoever, including but not limited to, the negligence, gross negligence, negligent rescue, omissions, carelessness, breach of contract and/or breach of any statutory duty of care of the Organization
g) To FOREVER RELEASE AND INDEMNIFY the Organization from any action related to my becoming exposed to or infected by COVID-19 or other communicable diseases because of, or from, any action, omission or negligence of myself or others, including but not limited to the Organization
h) That the Organization is not responsible or liable for
any damage to my vehicle, property, or equipment that may occur because of the
Activities
i) That negligence includes failure on the part of the
Organization to take reasonable steps to safeguard or protect me from the
risks, dangers and hazards associated with the Activities
j) This release, waiver and indemnity is intended to be as broad and inclusive as is permitted by law of the Province of Ontario and if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect
Jurisdiction
7. I agree that if I file a lawsuit against the
Organization, I will do so solely in the Province of Ontario and further agree
that the substantive law of the Province of Ontario will apply without regard
to conflict of law rules.
Acknowledgement
8. I acknowledge that I have read and understand this
agreement, that I have executed this agreement voluntarily, and that this
agreement is to be binding upon myself, my heirs, spouse, children, guardians,
next of kin, executors, administrators and legal or personal representatives. I
further acknowledge by signing this agreement I have waived my right to
maintain a lawsuit against the Organization based on any claims from which I
have released herein.