Waiver
Release of Liability, Waiver of Claims, Information, Consent, and Acknowledgement, Assumption of Risks and Indemnity Agreement
PLEASE READ CAREFULLY, BY REGISTERING YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE
TO: Saskatchewan Soccer Association (the “Association”) and Member Organizations and Entities, its directors, officers, agents, representatives, employees, volunteers, members, participants, spectators, Leagues, Clubs, independent contractors, subcontractors, funding partners, sponsors, successors and assigns (collectively the “RELEASEES”)
Definitions
In this Agreement the term "soccer programs " shall include all activities, programs, events, classes, and services provided, sponsored or organized by the Releasees including but not limited to: games, tournaments, practices, personal training, dry land training, use of strength training and fitness conditioning equipment, machines and facilities, nutritional and dietary programs, educational, orientation or instructional sessions or lessons, aerobic and anaerobic conditioning programs.
Assumption of Risks
I am the parent/guardian of the player, referee, coach, or volunteer being registered and have full legal responsibility for the decisions of said player, referee, coach, or volunteer. I believe my child/ward is physically, emotionally and mentally able to participate in soccer programs, and is doing so voluntarily and willingly. I am aware that my child/ward’s participation in soccer programs involves many risks, dangers and hazards, which could result in damage, loss, serious physical injury or death to my child/ward. Some of these risks, dangers and hazards include, but are not limited to:
- Health: overexertion, dehydration, fatigue, lack of fitness or conditioning, traumatic injury, bacterial infections and rashes.
- Premises: defective, dangerous or unsafe condition of the facilities; falls; collisions with objects, walls, equipment or persons; dangerous, unsafe, or irregular conditions on grass, turf or other surfaces, extreme weather conditions; travel to and from premises.
- Use of Equipment: mechanical failure of the equipment; negligent design or manufacture of the equipment; the provision of or the failure by the Releasees to provide any warnings, directions, instructions or guidance as to the use of the equipment; failure to use or operate the equipment within my own ability.
- Contact: I acknowledge that contact with soccer balls, other equipment, 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.
- Advice: negligent advice regarding soccer programs.
- My child/ward’s conduct and conduct of other persons including any physical altercation between soccer participants: I acknowledge that such conduct, including my child/ward’s negligence and negligence of other persons, including NEGLIGENCE ON the PART OF THE RELEASEES, may increase the risk of damage, loss, personal injury or death. I understand that the Releasees may fail to safeguard or protect my child/ward from the risks, dangers and hazards of soccer programs, some of which are referred to above.
Personal Information, Medical History and Images
I acknowledge and grant the Releasees the unrestricted right to collect, use, and disclose my and/or my child/ward’s personal information, including my and/or my child/ward’s name, image and likeness in all forms of media, for any purpose reasonably related to the administration and management of soccer programs. I acknowledge that upon request I will provide an up to date Medical Information Form prior to participation in soccer-related activities.
I am aware that the Association has a written Privacy Policy that has been established in accordance with the Personal Information Protection and Electronic Documents Act that is posted on the Association website.
Release of Liability, Waiver of Claims and Indemnity Agreement
In consideration of the Releasees allowing my child/ward to participate in soccer programs, use its equipment and facilities and providing its soccer services and consultation, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I or my child/ward may suffer or that my next-of-kin may suffer as a result of my or my child’s/ward’s participation in soccer programs DUE TO ANY CAUSE WHATSOEVER, including but not limited to:
- negligence on the part of the Releasees;
- breach of contract by the Releasees, including a breach of the Association’s Privacy Policy;
- breach of warranty on the part of the Releasees in respect of the design, manufacture, selection, installation, maintenance or adjustment of equipment;
- the failure on the part of the Releasees to safeguard or protect me or my child/ward from the risks, dangers and hazards of soccer programs, some of which are referred to in the Assumption of Risks section of this Agreement.
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage, loss, expense or injury to my child/ward resulting from my child’s/ward’s participation in soccer programs.
3. Despite the risks, dangers and hazards of soccer programs, and fully understanding such risks, dangers and hazards, I wish my child/ward to participate in soccer programs with the Association, and I FREELY ACCEPT AND FULLY ASSUME all such risks, dangers and hazards and the possibility of personal injury, death, property damage and loss resulting therefrom.
4. To instruct my child/ward to abide by, and conduct him/herself in accordance with, the By-laws, Policies, Code of Conduct, Rules and Regulations of Saskatchewan Soccer Association and the Member Organization and/or Entity in which my child is registered and to abide by and conduct himself/herself in accordance with the By-laws, Rules and Regulations of the Canadian Soccer Association. Notwithstanding the provisions of this clause, and in the event that there should be conflict between any of the bylaws, policies, codes of conduct, rules and regulations of the Association, Member Organization and/or Entity in which my child is registered, or Canada Soccer, then the Bylaws, Policies, Codes of Conduct, Rules and Regulations of Saskatchewan Soccer Association shall govern.
5. This Agreement shall be effective and binding upon my child/ward’s heirs, next-of-kin, executors, administrators, assigns and representatives, in the event of my child/ward’s death or incapacity.
SAFETY
In entering into this Agreement I am not relying on any oral, visual or written representations or statements made by the Releasees with respect to the safety of soccer programs other than what is set forth in this Agreement.
INSURANCE
I am aware that the Association carries insurance and that should my child/ward become injured or cause personal injury or property damage to any third party while participating in a sanctioned soccer programs, my child/ward may or may not be entitled to insurance coverage depending on the terms and conditions of the Association’s Insurance Policy. I acknowledge that Saskatchewan Soccer Association insurance does not extend to non-soccer events or participation in non-sanctioned soccer events or to participation against participants who are not registered with the Association.
JURISDICTION
I am aware of Saskatchewan Soccer Association By-laws and understand and acknowledge that:
- Any recourse to the courts of any jurisdiction in a dispute by any Member before all rights of appeal and all the rights and remedies of the By-laws of the Association have been exhausted, shall be deemed a violation and breach of the By-laws, and shall result in automatic indefinite suspension from the Association.
- Any Member, who, in a dispute, has sought court action before exhausting all proper procedures of appeal, will be liable for all legal costs and disbursements incurred by the Association.
- Any Member who, having exhausted all proper procedures of appeal, proceeds with court action, will be liable for all legal costs and disbursements incurred by the Association should the courts rule in favour of the Association prior to reinstatement of said party’s membership with the Association.
