Participant Agreement, Release and Assumption of Risk
Assumption of Risks, Release of Liability, Waiver of Claims and Indemnity Agreement
By signing this document, you will waive certain legal rights, including the right to sue.
PLEASE READ CAREFULLY!
TO: GLOWSPORT, their agents, owners, officers, affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “GlowSport”):
IN CONSIDERATION OF GlowSport allowing the participant described below to participate in games or activities, the participant agrees as follows on behalf of themselves, their spouse, children, parents, heirs, assigns, personal representatives and estate:
- I acknowledge that my participation in GlowSport sports games or activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: cuts and bruises; muscle and joint sprains and strains; broken wrists, ankles and legs; participants falling on each other resulting in broken bones and other serious injuries; colliding with or being landed on by participants of a different size. If the participant is injured, they may require medical assistance, at their own expense. GlowSport employees have difficult jobs to perform. They seek to create a safe environment but they are not infallible. They might be unaware of a participant’s health or abilities. They may give incomplete warnings or instructions and the equipment being used might malfunction.
I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary and I elect to participate in spite of the risks.
I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless GlowSport and to waive any and all claims, demands, or causes of action, that I have or may have in the future against GlowSport and to release GlowSport from any and all liability for any loss, damage, expense or injury including death that I may suffer or that my family, heirs, assigns, personal representatives and estate may suffer as a result of my participating in GlowSport sports games or activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACT, R.S.O. 1990, c. O. 2 ON THE PART OF GLOWSPORT AND FURTHER INCLUDING THE FAILURE ON THE PART OF GLOWSPORT TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF GLOWSPORT SPORTS GAMES OR ACTIVITIES (HEREINAFTER REFERRED TO AS “CLAIMS”).
- I further agree to hold harmless and indemnify GlowSport from any and all liability for any property damage or personal injury to any third party resulting from my participation in GlowSport sports games or activities.
- Should GlowSport or anyone acting on its behalf be required to incur legal fees and costs to enforce this agreement, I agree to indemnify and hold GlowSport harmless from all such fees and costs.
- Any litigation involving the parties to this agreement shall be brought solely within Canada and shall be governed by the laws of Ontario.
- I further grant GlowSport the right to photograph, videotape and/or record me and/or my child/ward and to use the footage for advertising and promotional materials without reservation, limitation or compensation.
I have had sufficient opportunity to read this entire document. I have read and understood it and I agree to be bound by its terms. ONLY ONE PARTICIPANT IS ALLOWED PER AGREEMENT.
PARENT’S OR LEGAL GUARDIAN’S ADDITIONAL AGREEMENT AND INDEMNIFICATION (Must be completed for participants under the age of 18)
In consideration of __________________________________________________ (“Minor”) being permitted to participate in GlowSport sports games or activities and to use its equipment and facilities, I, the undersigned parent or legal guardian of the Minor agree on behalf of the Minor to the above assumptions of risk, release of liability and waiver of claims and to release, indemnify and hold harmless GlowSport from any and all Claims which are brought by, or on behalf of the Minor, and which are in any way connected with such participation or use by the Minor. I further certify that I am the parent or legal guardian of the Minor on this agreement. I hereby give approval to the participation in GlowSport sports games or activities and/or use of its equipment and facilities by the Minor.