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Assiniboine Park Hockey Association

Assiniboine Park Hockey Association - Bench Staff

CREDITCARD

2023-2024

ASSINIBOINE PARK HOCKEY ASSOCIATION
 INFORMED CONSENT AND ASSUMPTION OF RISK AGREEMENT
(To be executed by a parent/guardian of participants under the age of majority)
WARNING: By signing this document you will assume certain risks and responsibilities. Please read carefully. 
Participant's Name:
Date of Birth:
1. This is a binding legal agreement. Clarify any questions or concerns before signing. In consideration of the opportunity to take part as a participant (the "Participant") or a parent/guardian of the Participant (the "Parent/Guardian" and collectively, the "Parties") in the spectating, orientation, instruction, training, and/or participation in the sport of hockey, related hockey disciplines, activities, programs, travel to and from competitive events and associated non-competitive events, including the services of and offered (the &ldquo;Activities&rdquo;) by Assiniboine Park Hockey Association, its respective directors, officers, committee members, board members, members, employees, coaches, volunteers, officials, participants, agents, sponsors, and representatives (collectively the &ldquo;Organization&rdquo;) the undersigned, on behalf of the Parties, acknowledges and agrees to the following terms:
Description of Risks
2. The Parties understand and acknowledge the following risks, dangers and hazards (the &ldquo;Risks&rdquo;) of the Activities and related disciplines which include without limitation:
a. Strenuous and demanding physical exertion, strenuous cardiovascular workouts, rapid movements, exertion and tension on various muscle groups which may cause serious injury to virtually all bones, joints, ligaments, muscles, tendons and other aspects of the Participant&rsquo;s body or the Participant&rsquo;s general health and well-being;
b. Concussion or other related head injuries including but not limited to closed head injury or blunt head trauma;
c. Loss of or damage to equipment/property;
d. Economic losses;
e. Exposure to extreme conditions and circumstances;
f. Contact with other participants, coaches, officials, administrators, facility or venue employees, spectators, or other natural or manmade objects;
g. Dangers arising from adverse weather conditions, imperfect ice surface, facility or venue conditions, equipment failure or malfunction, inadequate safety measures and participants of varying skill levels.
3. 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, sickness, disease, contagion including but not limited to COVID-19, permanent disability, paralysis, loss of life.
4. The Organization may offer or promote online Activities (such as webinars, remote conferences, workshops, and online training) which have different foreseeable and unforeseeable risks than in-person Activities.
5. The Parties understand that these Risks may be caused in whole or in part by the Participant's own actions or inactions, the actions or inactions of others participating in or present during the Activities, or the negligent acts or omissions of the Organization. The Parties have read and agree to be bound by paragraphs 1-5 (Yes)
Terms and Attestation 
6. The Parties attest, acknowledge and agree:
a. That the Participant is in good physical and mental condition to participate in the Activities;
b. The Participant will comply with the rules and regulations for participation in the Activities including those that are a condition of use of the facility or venue in which the Activities occur;
c. The Participant will comply with all rules and regulations of the Organization, Hockey Winnipeg, Hockey Manitoba, Hockey Canada, Dominion of Canada, Province of Manitoba and Public Health concerning matters of health and safety and specifically as they relate to COVID-19; 
d. If either of the Parties observes a significant hazard or risk, the Participant will remove themselves from participation in the Activities and report the hazard or risk to the attention of an Organization representative immediately;
e. That the Organization does not undertake to provide health, accident, disability, hospitalization, personal property or other insurance for the Participant;
f. When the Participant practices or trains in the Participant&rsquo;s own space, the Parties are responsible for the surroundings and the location and equipment that the Participant selects;
g. That it is the sole responsibility of the Parties to assess whether any Activities are too difficult for the Participant. By the Participant commencing any Activities, the Parties acknowledge and accept the suitability and conditions of the Activities; and
h. That the Parties are responsible for the choice and maintenance of the Participant&rsquo;s equipment whether required, recommended or optional, and the secure fitting of the equipment.
The Parties have read and agree to be bound by paragraph 6 (Yes)
Release of Liability 
7. The Parties hereby expressly assume all such Risks and responsibility for any and all damages, liabilities, and/or losses including without limitation, loss of income, expenses, or related loss which they incur, including without limitation those damages, liabilities and/or losses incurred due to serious bodily injury, sickness, disease, contagion including but not limited to COVID-19, permanent disability, paralysis, and/or loss of life as a result of the Participant&rsquo;s participation in the Activities.
Waiver 
8. The Parties hereby expressly release, waive, and discharge the Organization from any and all damages, liabilities and/or losses including without limitation, loss of income, expenses, or related loss which they incur, including without limitation those damages, liabilities and/or losses incurred due to serious bodily injury, sickness, disease, contagion including but not limited to COVID-19, permanent disability, paralysis, and/or loss of life as a result of the Participant&rsquo;s participation in the Activities.
Indemnity 
9. The Parties hereby expressly agree to indemnify and hold harmless the Organization against any and all claims, including but not limited to subrogated and third party claims, inclusive of any interest, arising out of the Participant's participation in the Activities.
Jurisdiction 
10. The Parties agree that in the event that they file a lawsuit against the Organization, they agree to do so solely in the Province of Manitoba, Canada and they further agree that the substantive law of the Province of Manitoba will apply without regard to conflict of law rules.
Severability
11. The Parties further agree that if any portion of this agreement is found to be invalid, void or unenforceable the remaining sections of the document shall remain in full force and effect.
We have read and agree to be bound by paragraphs 7-11(Yes)
Acknowledgement
12. The Parties acknowledge that they have read this Agreement and understand it, that they have executed this Agreement voluntarily, and that this Agreement is to be binding upon themselves, their heirs, their spouses, parents, guardians, next of kin, executors, administrators and legal or personal representatives. The Parties further acknowledge by signing this Agreement they have waived the right to maintain a lawsuit against the Organization on the basis of any claims from which they have released herein.
Electronic Transmission
13. This Agreement may be executed either originally or by way of electronic transmission (which will be deemed to be an original).
Signature of Parent/Guardian: ___________________________ Date: , 2023.