SOUTH CALGARY WADO KAI KARATE CLUB RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT

The Participant must sign this Agreement and/or the Participant’s parent/guardian (if applicable, when the Participant is younger than 18 years old) before participation. The Participant acknowledges and agrees to the terms outlined in this Agreement. When the Participant is a minor, 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 South Calgary Wado Kai Karate Club, including but not limited to its respective directors, officers, members, staff, owners, agents, sponsors, instructors, coaches, owners/operators of the facility in which the Activities take place (collectively the "Association"). The Participant acknowledges and agrees that participation in karate activities, programs, lessons, training, classes, competitions, tournaments and use of the Association’s facilities and equipment (collectively, the "Activities") is contingent upon signing this Agreement.

2.     The Participant agrees to comply with all rules and regulations set forth by the Association for participation in the Activities and use of the facilities. Participation in the Activities involves 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. These risks include:

1. Ability: failing to act safely or within the Participant’s own ability or within designated areas
2. Advice: negligent advice regarding the Activities
3. Contact: Contact with participants, sports equipment, or other persons; and other contact that may lead to serious bodily injury, including but not limited to concussions and/or other brain injury or serious spinal injury
4. Conduct: the Participant’s conduct and conduct of other persons, including any physical altercation between participants
5. 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
6.  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
7. Premises: defective, dangerous or unsafe condition of the facilities; falls; collisions with objects or barriers that are a part of the premises such as walls and stands; dangerous, unsafe, or irregular conditions on the floor or other surfaces; and travel to and from the premises
8. Sport: the sport of karate and its inherent risks, including but not limited to striking participants and objects with parts of the body; contact, colliding with or being struck by other participants; tumbling falling or being thrown to the floor; and striking, kicking, punching or blocking participants and objects with parts of the body
9. Use of equipment: use of fitness equipment, mechanical failure of the equipment; negligent design or manufacture of the equipment; the provision of, or the failure by, the Association 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
10. Travel: travel to and from the Activities

3.     Such risks may result from the Participant’s own actions or inactions, the actions or inactions of others, the conditions of the premises, equipment failure or malfunction, or the negligence of the Association or otherwise.

TERMS

4.     In consideration of the Association allowing the Participant to participate in the Activities, the Participant agrees:

1. That the Participant’s mental, emotional and physical condition is appropriate to participate in the Activities, the Participant (or the Participant’s parent/guardian, if applicable) is trained for the Activities, has not been advised against participation by any healthcare provider and assumes all risks related to the Participant’s mental and physical condition
2. To cease any activity immediately should they feel any discomfort, pain, dizziness, or any other symptoms that may indicate a potential health risk or injury and to seek medical advice as necessary
3. To be financially responsible for all costs associated with any emergency medical treatment and any subsequent medical care
4. To comply with the rules of the Activities or equipment as well as any directions or instructions from the Association
5. The risks associated with the Activities are increased when the Participant is impaired, and the Participant will not participate if impaired in any way
6. That it is the Participant’s sole responsibility to assess whether any Activities are too difficult for the Participant. By the Participant commencing an Activity, the Participant acknowledges and accepts the suitability and conditions of the Activity
7. That if the Participant observes an unusual significant hazard or risk, the Participant will remove themselves from participation
8. That the Participant is responsible for choosing the Participant’s gear, equipment, safety or protective equipment and the secure fitting of that equipment
9. To remove themselves if at any time the Participant senses or observes any unusual hazard or unsafe condition or if the Participant feels they have experienced any deterioration in their physical, emotional or mental fitness; or that of their protective clothing, gear or equipment
10. That the Participant is fully responsible for any loss of personal property and any costs associated
11. They have secured appropriate primary and extended medical insurance
12. This Agreement will be construed in governed by the laws and courts of the Province of Alberta

4.   The Participant is participating voluntarily in the Activities. In consideration of that participation, the Parties hereby acknowledge that they are aware of the risks, dangers and hazards and may be exposed to such risks, dangers and hazards. The risks, dangers and hazards include, but are not limited to:
a)  Contracting COVID-19 or any other contagious disease;
b)  Privacy breaches, hacking, technology malfunction or damage;
c)  Executing strenuous and demanding physical techniques;
d)  Vigorous physical exertion, strenuous cardiovascular workouts and rapid movements;
e)  Exerting and stretching various muscle groups;
f)   The failure to properly use any piece of equipment or from the mechanical failure of any piece of equipment;
g)  Spinal cord injuries which may render me permanently paralyzed;
h)  Striking participants and objects with parts of the body;
i)   Contact, colliding or being struck by other participants;
j)   Tumbling falling or being thrown to the floor;
k)   Serious injury to virtually all bones, joints, ligaments, muscles, tendons and other aspects of my body or to my general health and well-being;
l)    Abrasions, sprains, strains, fractures, or dislocations;
m)  Concussion or other head injuries, including but not limited to, closed head injury or blunt head trauma;
n)   Physical contact with other participants, spectators, equipment, and hazards;
o)   Not wearing appropriate safety or protective equipment;
p)   Failure to act safely or within my own ability or within designated areas;
q)   Negligence of other persons, including other spectators, participants, or employees;
r)   Weather conditions;
s)   Travel to and from competitive events and associated non-competitive events which are an integral part of the Activities; and
t)   Negligence on the part of The Organization, including failure on the part of The Organization to take reasonable steps to safeguard or protect me from the risks, dangers and hazards associated with my participation in the Activities.

INDEMNITY, RELEASE AND WAIVER OF CLAIMS

5.     The Participant acknowledges and agrees to the following terms:

1. To an unqualified assumption of all risks arising out of, associated with or related to, participation in the Activities and waives all claims that the Participant may have now or in the future against the Association.
2. To accept and fully assumes all such risks and possibility of personal injury, death, property damage, expense, and related loss, including loss of income, resulting from participation in the Activities.
3. To forever indemnify and release the Association from any and all liability for any and all claims, demands, actions, damages (including direct, indirect, special and/or consequential), losses, actions, judgments, and costs (including legal fees) (collectively, the “Claims”) which the Participant has or may have in the future, that might arise out of, result from, or relate to, participation in the Activities, even though such Claims may have been caused by any manner whatsoever, including but not limited to, the Association’s negligence, gross negligence, negligent rescue, omissions, carelessness, breach of contract and/or breach of any statutory duty of care of the Association, including any compounding or aggravation of injuries caused by negligent rescue.
4. To provide a FULL AND FINAL RELEASE AND WAIVER OF LIABILITY AND ALL CLAIMS the Participant has, or may in the future, against the Association from any and all liability for any loss, damage, injury or expense that the Participant may suffer as a result of their use of or presence at the Association or participation in any part of, or presence in any capacity in the Activities, due to any cause whatsoever, INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE RELEVANT OCCUPIERS LIABILITY ACT ON THE PART OF THE ASSOCIATION.
5. NOT TO SUE THE ASSOCIATION, whether directly or indirectly, from the Participant’s participation in any aspect(s) of the Activities; and
6. To SAVE and HOLD HARMLESS the ASSOCIATION, and each of them, from any litigation expense, legal fees, liability, damage, award or cost of any form or type whatsoever they may incur due to any claim made against them or any one of them by the Participant or on the Participant’s behalf, or that of the Participant’s estate, whether the claim is based on the negligence or the gross negligence of the Association or otherwise as stated above.
7. The Participant agrees that this Agreement extends to all acts of negligence by the Releasees and is intended to be as broad and inclusive as permitted by the laws of Alberta.
8. This Agreement applies to all Activities and facilities provided by or available at the Association, whether supervised or unsupervised.

SEVERABILITY
6.     If any provision of this Agreement is held invalid, illegal, or unenforceable, such provision shall be deemed severable. The invalidity, illegality, or unenforceability shall not affect the remaining provisions. A valid provision that most closely approximates the intent and economic effect of the invalid provision will be substituted.

ACKNOWLEDGMENT

7.     The Participant acknowledges and agrees that they have been provided with a reasonable period of at least 24 hours to review and consider the terms and conditions of this Agreement before signing. After this review period, the Participant voluntarily accepts the terms and conditions without undue influence or duress. The Participant affirms that they are fully aware of the risks and hazards associated with the Activities offered by the Association, including but not limited to physical injury, illness, and, in extreme cases, death. The Participant acknowledges that participation in any Activity conducted by the Association is entirely voluntary and that they choose to participate despite the risks. The Participant agrees to attend if requested by the Participant, a pre-activity briefing for risk and terms explanation.

8.     The Participant acknowledges that they have read and understand this Agreement, that they have executed this Agreement voluntarily, and that this Agreement is to be binding upon themselves, their heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legal or personal representatives. They further acknowledge that by signing this Agreement they have waived their right to maintain a lawsuit against the Association on the basis of any claims from which they have released herein.

CONSCENT CLAUSE

1.     I authorize the Organization to collect and use personal information about me for the purposes described in the Privacy Policy. 

2.     In addition to the purposes described in the Privacy Policy, I authorize the Organization to:

a)     Distribute my information to Karate Alberta Association

b)     Photograph and/or record my image and/or voice on still or motion picture film and/or audio tape, and to use this material to promote the sport through the media of newsletters, websites, television, film, radio, print, social media, and/or display form. I understand that I waive any claim to remuneration for use of audio/visual materials used for these purposes

3.     I understand that I may withdraw such consent at any time by contacting the Organization’s Privacy Officer. The Privacy Officer will advise the implications of such withdrawal.