This Agreement must be executed by the Participant and/or the Participant’s parent/guardian (if applicable, when the Participant is younger than 18 years old) prior to participation. The Participant acknowledges and agrees to the terms outlined in this document. 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(s)/guardian(s) agreeing to or acknowledging the risk or term on behalf of the Participant.
INTRODUCTION AND ACKNOWLEDGMENT OF RISKS
1. The Participant enters this Agreement with The Ontario Soccer Association Incorporated (hereinafter “Ontario Soccer”) and its affiliated districts, leagues, club and teams, and their and their respective directors, officers, committee members, members, employees, coaches, volunteers, officials, participants, agents, independent contractors, subcontractors, sponsors, owners/operators of the facility in which the Activities take place, and all other persons or entities acting in any capacity on their behalf (collectively the "Released Parties"). The Participant acknowledges and agrees that participation in the sport of soccer and the activities, programs, classes, services provided and events sponsored or organized by Ontario Soccer and its affiliated districts, leagues, clubs and teams, including but not limited to: games, tournaments, practices, training, personal training, dry land training, use of strength training and fitness conditioning equipment, machines and facilities, nutritional and dietary programs, orientation or instructional sessions or lessons, aerobic and anaerobic conditioning programs and related events and use of the Released Parties’ facilities and equipment (collectively, the "Activities") is contingent upon signing this Agreement.
RISKS
2. The Participant understands and acknowledges 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 Released Parties 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 Released Parties has a difficult task to ensure safety, and it is not infallible. The Released Parties 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; and
d) The Released Parties may fail to safeguard or protect me from the risks, dangers and hazards of soccer programs, some of which are referred to above.
3. The Participant agrees to comply with all rules, regulations, policies, procedures and instructions set forth by the Released Parties for participation in the Activities and use of the facilities, whether written or verbal. The Participant acknowledges and agrees that participation in the Activities involves inherent and unforeseen risks, hazards and dangers that no amount of care, caution, instruction or expertise can fully eliminate, including, without limitation, the potential for serious bodily injury, permanent disability, paralysis, and loss of life. These risks include:
a) Ability: failing to act safely or within the Participant’s own ability or within designated areas
b) Advice: negligent advice regarding the Activities
c) Contact: contact with soccer balls, other equipment, poles, stands, soccer equipment, nets, fences, or other persons, whether intentional or unintentional, is a common part of soccer programs, and may lead to serious bodily injury, including but not limited to concussions and/or other brain injury, or serious spinal injury.
d) Conduct: the Participant’s conduct and conduct of other persons, including any physical altercation between participants
e) Health: executing strenuous and demanding physical techniques; physical exertion; overexertion; stretching; dehydration; fatigue; cardiovascular risks; orthopedic injuries, 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, or other medical emergencies
f) Injuries: Injuries such as death, serious neck and spinal cord injuries which may render the Participant permanently paralyzed or brain damaged; serious injury to virtually all bones, joints, ligaments, muscles, tendons and other aspects of the body; and concussions or other head injuries, including but not limited to, closed head injury or blunt head trauma
g) Negligence: The Participants’ negligence and negligence of other persons may increase the risk of damage, loss, personal injury or death
h) Premises: defective, dangerous or unsafe condition of the facilities; falls; collisions with objects, walls, equipment, persons or barriers that are a part of the premises such as fences, poles and stands; dangerous, unsafe, or irregular conditions on the grass, turf, ground, field or other surfaces; extreme weather conditions; and travel to and from the premises
i) Sport: the sport of soccer and its inherent risks, including but not limited to running, tripping, falling, being hit with a ball, or colliding with another participant
j) Travel: travel to and from the Activities
k) Use of equipment: use of equipment, mechanical failure of the equipment; negligent design or manufacture of the equipment; the provision of, or the failure by, the Released Parties 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 the Participant’s own ability