CTC RELEASE & WAIVER OF LIABILITY
BY ACCEPTING THIS WAIVER, YOU WILL WAIVE CERTAIN LEGAL RIGHTS,
INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION
PLEASE READ CAREFULLY
WHEREAS the Capilano Tennis Club (the “CTC”), an unincorporated association of members operated by volunteers, operates a recreational tennis facility and clubhouse located at 10810 – 54 Street in Edmonton, Alberta (the “Facility”) on lands owned by the Capilano Community League (the “CCL”) at which CTC members engage in tennis and related activities (collectively, the “Recreational Activities”);
AND WHEREAS the CTC and the CCL, along with their directors, operators, volunteers, employees, executives, members, owners, officers and shareholders, as applicable, are hereinafter collectively referred to as the “Releasees”;
AND WHEREAS the Recreational Activities and any use of the Facility involve certain inherent and non-inherent risks to all users of the Facility, including though not limited to risks related to COVID-19;
NOW THEREFORE in consideration of the Releasees permitting the undersigned (“I” or “me”) or the minor child or children of the undersigned to participate in the Recreational Activities and use of the Facility, and for other good and valuable consideration, I agree to all of the terms and conditions set forth in this Waiver.
I DECLARE THAT I HAVE READ THIS RELEASE & WAIVER OF LIABILITY CAREFULLY.
I UNDERSTAND AND AGREE THAT THE RECREATIONAL ACTIVITIES AND ANY USE OF THE FACILITY INVOLVE MANY RISKS, DANGERS AND HAZARDS, INCLUDING BUT NOT LIMITED TO THE RISK OF SERIOUS INJURY, DEATH OR PROPERTY DAMAGE, AND INCLUDING BUT NOT LIMITED TO RISKS ARISING FROM COVID-19.
I UNDERSTAND AND AGREE THAT THE RECREATIONAL ACTIVITIES AND USES OF THE FACILITY MAY OR MAY NOT BE ORGANIZED, SUPERVISED OR RUN BY ANY OF THE RELEASEES.
I UNDERSTAND AND AGREE THAT THE RELEASEES ARE NOT RESPONSIBLE VICARIOUSLY, DIRECTLY OR OTHERWISE FOR THE RECREATIONAL ACTIVITIES AND ANY PARTICIPATION THEREIN, NOR FOR ANY USE OF THE FACILITIES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, BREACH OF CONTRACT OR NON-COMPLIANCE WITH FEDERAL, PROVINCIAL OR MUNICIPAL LAWS.
I ACKNOWLEDGE THAT I, OR MY MINOR CHILD OR CHILDREN, AM VOLUNTARILY PARTICIPATING IN THE RECREATIONAL ACTIVITIES ANY USE OF THE FACILITY. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS AND HAZARDS INVOLVED AND THE POSSIBILITY OF INJURY, DEATH OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF ANY OF THE RELEASEES OR OTHERWISE.
- Assumption of Risk
I understand that the nature of the Recreational Activities and any use of the Facility may involve certain risks and injury, including the possibility of serious injury, sickness or death. I understand that the Releasees are not responsible, whether jointly or severally, for my safety or for the safety of my minor child or children in respect of the use of the Facility and my participation in the Recreational Activities. I know and understand that other individuals will have access to the Facility and I understand the risks, whether likely or unlikely to occur, associated with the Recreational Activities and the use of the Facility, including though not limited to risks relating to COVID-19. Without limiting the generality of the foregoing, I understand and agree that none of the Releasees are responsible for or have made any representations to me with respect to the: (a) suitability or general conditions of the Facility to engage in the Recreational Activities, including without limitation in relation to the condition of any equipment located at the Facility, (b) the suitability or conditions of the Facility with respect to protection against transmission of COVID-19, and (c) safety precautions associated with the Recreational Activities, the Facility or COVID-19. I also understand and agree that the Releasees have the right to make any modifications they may choose in their unfettered discretion as to how the Facility may be used in light of COVID-19 and any other risks posed by use of the Facility, and that this may change the way that tennis is played at the Facility. I am choosing, of my own free will and am not influenced by any action or representation by the Releasees, to use the Facility, participate in the Recreational Activities, or allow my minor child or children to do the same, while understanding the inherent risks associated with use of the Facility and the Recreational Activities.
I hereby fully waive, discharge, and release each of the Releasees from any and all claims demands, damages, liability, expenses, costs, actions or causes of action, court costs and legal fees, including any of the foregoing arising from or relating to claims for contribution or indemnity (collectively the “Losses”) whatsoever, which I, my heirs, or personal representatives have or may have in the future against them or any of them, directly or indirectly, in whole or in part, including in respect of injuries to persons, including sickness or death or any damages to personal property related in any way to my own, my minor child’s or my minor childrens’ access to or use of the Facility or my participation in Recreational Activities, no matter how the Losses occur or who causes the Losses. I also agree that this Waiver and release will be effective even if one or more of the Releasees causes or contributes to the Losses intentionally or by fault or negligence.
I shall defend, indemnify and hold harmless the Releasees and each of their respective heirs, executors, and assigns from any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including legal fees on a solicitor-client full indemnity basis, in connection with any claim, suit, action or proceeding arising out of or resulting from any Recreational Activities or access to or use of the Facility by myself, my minor child or minor children.
- General Terms
This Waiver shall be interpreted in accordance with the laws of the Province of Alberta, and the federal laws of Canada applicable therein.
By clicking the “Agreement” box below, I am accepting all the terms and provisions of this Release & Waiver of Liability, and understand that it is binding upon me to the full extent permitted by law. Clicking the “Agreement” box is the same in force and effect as my application of my written signature to this document.