All track users must read and electronically sign this waiver before using the BMO Centre walking track.
WARNING! By signing this document, you will waive certain legal rights. Please read carefully before signing.
This is a binding legal agreement. Clarify any questions or concerns before signing. As a Participant in activities, programs, classes, services provided and events sponsored or organized by LOSC/BMO Centre London and its affiliated districts, leagues, clubs and teams and the sport of soccer, 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, orientational or instructional sessions or lessons, aerobic and anaerobic conditioning programs (collectively the "Activities"), the undersigned acknowledges and agrees to the following terms outlined in this agreement.
LOSC, its affiliated districts, leagues, clubs and teams, 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, successors and assigns, and representatives (the "Organization") are not responsible for any injury, property damage, expense, loss of income, damage or loss of any kind suffered by a Participant during, or as a result of, the Activities, caused in any manner whatsoever including, but not limited to, the negligence of the Organization.
I understand and acknowledge that 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. The Organization may offer or promote online programming which have different foreseeable and unforeseeable risks than in-person programming. The Organization has a difficult task to ensure safety and it is not infallible. The Organization 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. The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization and COVID-19 is extremely contagious. The Organization has put in place preventative measures to reduce the spread of COVID-19; however, the Organization cannot guarantee that the Participant will not become infected with COVID-19. Risks include but are not limited to injuries from: • Health: executing strenuous and demanding physical techniques, physical exertion, overexertion, stretching, dehydration, fatigue, cardiovascular workouts, rapid movements and stops, lack of fitness or conditioning, traumatic injury, bacterial infections, rashes, and the transmission of communicable diseases. • Premises: defective, dangerous or unsafe condition of the facilities; falls; collisions with objects, walls, equipment or persons; dangerous, unsafe, or irregular conditions on surfaces, extreme weather conditions; travel to and from premises. • Use of Equipment: mechanical failure of the equipment; negligent design or manufacture of the equipment; failure to use or operate the equipment within my own ability. • Contact: contact with equipment or other persons, whether intentional or unintentional. • Ability: Failing to act safely or within my own ability or within designated areas. • Conduct: My conduct and conduct of other persons. • Travel: Travel to and from the Activities. • Negligence: My negligence and negligence of other persons, including NEGLIGENCE ON THE PART OF THE ORGANIZATION.
In consideration of the Organization allowing me to participate in the Activities, I agree: • That my mental and physical condition is appropriate to participate in the Activities and I assume all risks related to my mental or physical condition; • That when I practice or train in my own space, I am responsible for my surroundings and the location and equipment that I select; • To comply with the rules and regulations for participation in the Activities; • To comply with the rules of the facility or equipment; • That if I observe an unusual significant hazard or risk, I will remove myself from participation and bring such to the attention of a representative immediately; • The risks associated with the Activities are increased when I am impaired, and I agree not to participate if impaired in any way; • That it is my sole responsibility to assess whether any Activities are too difficult for me; • That I am responsible for my choice of protective equipment and the secure fitting of that equipment; and • That COVID-19 is contagious in nature and I may be exposed to or infected by COVID-19 and voluntarily agree to assume all the foregoing risks.
In consideration of the Organization allowing me to participate in the Activities, use its equipment and facilities, I agree: • That the sole responsibility for my safety remains with me; • To ASSUME all risks arising out of, associated with or related to my participation; • That I am not relying on any oral or written statements made by the Organization or its agents to agree to be involved in the Activities; • To WAIVE any and all claims that I may have now or in the future against the Organization; • To freely ACCEPT AND FULLY ASSUME all such risks and possibility of personal injury, death, property damage, expense and related loss; • To FOREVER RELEASE AND INDEMNIFY the Organization 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) which I have or may have in the future, that might arise out of, result from, or relate to my participation in the Activities, even though such Claims may have been caused by any manner whatsoever, including but not limited to, the negligence, gross negligence, negligent rescue, omissions, carelessness, breach of warranty, breach of contract and/or breach of any statutory duty of care of the Organization; • TO HOLD HARMLESS AND INDEMNIFY the Organization from any and all liability for any damage, loss, expense or injury to any third party resulting from my participation in the Activities; • To FOREVER RELEASE AND INDEMNIFY the Organization relating to becoming exposed to or infected by COVID-19; • That the Organization is not responsible or liable for any damage to my vehicle, property, or equipment; and • This release, waiver and indemnity is intended to be as broad and inclusive as is permitted by law of the Province of Ontario.
I agree that in the event that I file a lawsuit against the Organization, I agree to do so solely in the province of Ontario, Canada and further agree that the substantive law of Ontario will apply without regard to conflict of law rules. I further agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
I acknowledge that I have read and understand this agreement, that I have executed this agreement voluntarily, and that this agreement is to be binding upon myself, my heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legal or personal representatives. I further acknowledge by signing this agreement I have waived my right to maintain a lawsuit against the Organization on the basis of any claims from which I have released herein.
↓ Scroll to the bottom of the waiver to enable signing