PALMER REC & SOCIAL CLUB
PARTICIPANT WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT
This Agreement applies to all participants in Palmer Rec and Social Club Activities, including adults participating directly and minors whose parent or legal guardian signs on their behalf. This Agreement shall remain in effect for the duration of the Participant’s involvement in any Activities, unless revoked in writing.
1. DEFINITIONS
In this Agreement:
“Activities” means the recreational activities organized or facilitated by Palmer Rec and Social Club, including but not limited to: (a) soccer lessons for children; (b) cooking lessons for children; (c) a running club for children and adults; and (d) fitness lessons for children and adults. Activities may take place in public parks, recreational spaces, trails, roads, and other locations in the City of Toronto.
“Agreement” means this Participant Waiver, Release of Liability, Assumption of Risk, and Indemnification Agreement.
“Club” or “Palmer Rec and Social Club” means the community recreational program operating under that name as a program of Strategy Department A Ltd., a corporation incorporated under the Canada Business Corporations Act.
“Minor” means any person under the age of eighteen (18) years.
“Participant” means the undersigned adult, or the Minor on whose behalf the undersigned parent or legal guardian is signing, who participates or intends to participate in any Activities.
“Released Parties” means Palmer Rec and Social Club, Strategy Department A Ltd., and their respective directors, officers, employees, volunteers, coaches, instructors, organizers, agents, representatives, successors, and assigns, as well as any property owners or managers of locations where Activities take place, and any other participants in the Activities.
2. DESCRIPTION OF ACTIVITIES AND NATURE OF PROGRAM
I, the undersigned, understand that I (or my Minor child, if signing as a parent or legal guardian of such child) will be participating in Activities organized by the Club. The Activities are recreational in nature, are provided free of charge, and are informal, inclusive and community-driven. The Activities are organized and led by parent volunteers who may not be professional coaches, instructors, or certified trainers. The Activities take place in public parks, recreational spaces, trails, and other locations in Toronto, Ontario, and surrounding areas, and the Club does not have exclusive control over these locations.
3. ACKNOWLEDGMENT AND ASSUMPTION OF RISKS
I understand and acknowledge that participation in the Activities involves inherent risks that cannot be eliminated regardless of the care taken to avoid injury. These risks include, but are not limited to:
a) General Risks: Slips, trips, and falls; collisions with other participants, spectators, or objects; exposure to varying weather conditions (including heat, cold, rain, and lightning); uneven, wet, or hazardous playing surfaces; strains, sprains, fractures, concussions, or other physical injuries; possible exposure to infectious diseases, including COVID-19 or other communicable illnesses.
b) Soccer-Specific Risks: Being struck by a soccer ball; collisions with other players, goalposts, or equipment; heading injuries; ankle, knee, or leg injuries from running, kicking, or sudden changes in direction.
c) Running Club Risks: Running on roads, trails, or paths with vehicle traffic, cyclists, or pedestrians; uneven terrain, potholes, roots, or obstacles; overexertion, dehydration, or heat-related illness; injuries from dogs or wildlife.
d) Fitness Activity Risks: Muscle strains, tears, or overuse injuries; injuries from improper form or technique; injuries from exercise equipment or fitness props; cardiovascular stress.
I freely accept and fully assume all such risks, dangers, and hazards and the possibility of personal injury, illness, death, property damage, or loss resulting from my own participation or that of my Minor child in any Activities. I acknowledge that I have had the opportunity to ask questions about the nature and extent of these risks and that my participation is entirely voluntary.
4. RELEASE OF LIABILITY AND WAIVER OF CLAIMS
In consideration of the Club permitting participation in the Activities, which are provided free of charge and would not otherwise be available, I, for myself, my Minor child (if applicable), and on behalf of my and my Minor child’s heirs, executors, administrators, and assigns, hereby release, waive, and forever discharge the Released Parties from any and all claims, demands, actions, causes of action, suits, costs, expenses, and liability of any kind whatsoever, whether known or unknown, arising out of or relating to my or my Minor child’s participation in the Activities, including claims arising from the negligence of any of the Released Parties.
I understand that by signing this Agreement, I am giving up substantial legal rights, including the right to sue or recover damages from the Released Parties in the event of injury, illness, death, or property damage arising from participation in the Activities.
5. INDEMNIFICATION
I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, actions, causes of action, suits, damages, judgments, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) my or my Minor child’s participation in the Activities; (b) any breach of this Agreement by me; (c) any negligent, reckless, or wrongful act or omission by me or my Minor child; or (d) any claim brought by or on behalf of my Minor child, regardless of whether such claim is based on the alleged invalidity or unenforceability of any waiver or release contained in this Agreement.
6. SUPERVISION AND PARTICIPANT RESPONSIBILITY
I understand that the Club is an informal, community-driven program organized by parent volunteers and that dedicated supervision of Participants is not guaranteed at any Activity. I acknowledge that the Released Parties do not assume responsibility for the supervision, safety, or conduct of Participants. I accept that I, or in the case of a Minor, the parent or legal guardian, remain solely responsible for the Participant’s safety, behaviour, and wellbeing at all times during Activities. Parents and guardians of Minor Participants should remain present at Activities or ensure appropriate supervision arrangements.
7. REPRESENTATION OF FITNESS TO PARTICIPATE
I represent and warrant that I (or my Minor child, if applicable) am physically fit and able to participate in the Activities and have no medical condition, injury, or illness that would prevent safe participation or that would pose a risk to myself, my Minor child, or others. I agree to notify the Club immediately of any change in physical condition that may affect my or my Minor child’s ability to safely participate.
8. MEDICAL AUTHORIZATION
In the event of an emergency, I authorize the Released Parties to secure emergency medical treatment, transportation, and evacuation for myself or my Minor child as they deem necessary.
9. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario for any dispute arising out of or relating to this Agreement.
10. GENERAL PROVISIONS
Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the intent of the parties.
Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements, representations, or understandings. No amendment or modification of this Agreement shall be valid unless made in writing and signed by both parties.
Binding Effect: This Agreement shall be binding upon and enure to the benefit of the parties and their respective heirs, executors, administrators, successors, and assigns.
11. ACKNOWLEDGMENT
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY, A WAIVER OF CLAIMS, AN ASSUMPTION OF RISK, AND AN INDEMNIFICATION AGREEMENT, AND I SIGN IT VOLUNTARILY AND OF MY OWN FREE WILL.