COVID-19 RELEASE

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTIONS OF RISKS AND INDEMNITY – COVID-19 AGREEMENT (hereinafter referred to as the “COVID-19 Release Agreement”)

BY SIGNING THIS DOCUMENT, YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT. PLEASE READ CAREFULLY!

In the face of the worldwide health emergency caused by the Novel Coronavirus (“COVID-19”), the Releasees, recognize the desire to return to pickleball for the benefit of our members, with safety being our first priority. Despite this desire, the Releasees cannot guarantee that you or your child(ren) will not become infected with COVID-19 as a result of participation in pickleball programming. Further, pickleball programming could increase the risk that you or your child(ren) could become infected with COVID-19.

ASSUMPTION OF RISKS

In consideration of the Releasees accepting my application for membership in the Vernon Pickleball Association, PickleballBC and Pickleball Canada Organization, and permitting my use of the facilities and premises provided by the Releasees (hereinafter “Pickleball Activities”), I hereby agree as follows:

  1. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself, my child(ren), and other family members or individuals that we may interact with outside of Pickleball Activities, including, but not limited to, personal injury, disability, and death, illness, damage, loss, claim, liability, or expense, of any kind, that I, my child(ren) or other family members or individuals that we may interact with outside of Pickleball Activities may experience or incur in connection with my or my child(ren) participating in Pickleball Activities.
  2. On my behalf, and on behalf of my child(ren), our heirs, any personal representatives, and next of kin, I hereby release, covenant not to sue, discharge, and hold harmless the Releasees, and their respective employees, volunteers, agents, representatives, and affiliates, of and from all claims, including all liabilities, claims, actions, damages, costs or expenses of any kind, arising out of or relating thereto. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of the Releasees or their respective employees, volunteers, agents, representatives, and affiliates, whether a COVID-19 infection occurs before, during or after participation in Pickleball Activities.
  3. I understand that by signing this document, I agree that if I or my child(ren) are exposed to or infected by COVID-19 during participation in Pickleball Activities, then I or my child(ren) may be found by a court of law to have waived our right to maintain a lawsuit for a claim of negligence.
  4. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERS, AND ASSUME FULL RESPONSIBILITY FOR MY PARTICIPATION.
  1. COVID-19 is highly contagious, and I voluntarily assume the risk that I or my child(ren) may be exposed to or infected by Coronavirus/COVID-19 by participating in Pickleball Activities; and that such exposure or infection may result in personal injury, illness, permanent disability, or death to myself, my child(ren) or other family members or individuals that we may interact with outside of Pickleball Activities. I understand that many public health authorities may still recommend practicing social distancing.
  2. I understand and acknowledge that the risk of myself or my child(ren) becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, the Releasee’s employees, volunteers, and program participants and their families. I further agree and acknowledge that I am increasing the risk of myself or my child(ren) becoming exposed to or infected by COVID-19 by participating in Pickleball Activities.
  3. I represent that neither I, nor my child(ren), have any medical or physical condition which could interfere with our safety in Pickleball Activities, or else I am willing to assume the risk of and bear the costs of all risks that may be created, directly or indirectly, by any such condition.
  4. I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also, I understand that this activity might not be made available to me or my child(ren) if I were to choose not to assume the risks herein and waive the rights herein, and I agree that the opportunity to participate in return for the execution of this document is a reasonable bargain.
  5. I agree that I will practice safe social distancing and clean hygiene during my participation in Pickleball Activities.
  6. Neither myself nor my child(ren) are experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell, and I agree that my child(ren) and I will not participate in any future Pickleball Activities if we are experiencing symptoms of illness.
  7. Neither myself nor my child(ren) have traveled internationally within the last fourteen (14) days, and I agree that neither my child(ren) nor I will participate in any future Pickleball Activities if we have traveled internationally within fourteen (14) days of the Pickleball Activities.
  8. Neither myself nor my children have traveled to a highly impacted area within Canada in the last fourteen (14) days, and I agree that neither my child(ren) nor I will participate in any future Pickleball Activities if we have traveled to a highly impacted area within Canada within fourteen (14) days of the Pickleball Activities.
  9. Neither I nor my child(ren), have been diagnosed with COVID-19 and not yet cleared as non-contagious by provincial or local public health authorities, and I agree that neither my child(ren) nor I will participate in any future Pickleball Activities if we are diagnosed with Covid-19 and not yet cleared as non-contagious by provincial or local public health authorities.
  10. I do not believe that I or my child(ren) have been exposed to someone with a suspected and/or confirmed case of the COVID-19, and I agree that neither my child(ren) nor I will participate in any future Pickleball Activities if I believe that I or my child(ren) have been exposed to someone with a suspected and/or confirmed case of the COVID-19.
  11. I and my children are following all public health authority recommended guidelines and limiting my/our exposure to the COVID-19, and I agree that neither my child(ren) nor I will participate in any future Pickleball Activities unless we continue to follow all public health authority recommended guidelines and limit my/our exposure to the COVID-19.
  12. I agree TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property of or personal injury to any third party, resulting from my use of or presence on the premises.
  13. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity.
  14. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction.
  15. This Release Agreement can be signed electronically pursuant to the Electronic Transactions Act (British Columbia).
  16. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.
  1. I WAIVE ANY AND ALL CLAIMS THAT I HAVE OR MAY IN THE FUTURE HAVE AGAINST THE RELEASEES, AND TO RELEASE THE RELEASEES FROM ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE OR INJURY INCLUDING DEATH THAT I MAY SUFFER, OR THAT MY NEXT OF KIN MAY SUFFER, AS A RESULT OF MY PARTICIPATION IN THE PICKLEBALL ACTIVITIES INCLUDING, BUT NOT LIMITED TO, MY USE OF THE PREMISES DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, ERROR, OMISSION, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER ANY PROVINCIAL OCCUPIERS’ LIABILITY LEGISLATION ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES THE FAILURE ON PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE.
  1. In entering into this Release Agreement, I am not relying upon any oral or written representations or statements made by the Releasees with respect to the safety of pickleball other than what is set forth in this Agreement.  I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

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