RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
BY EXECUTING THIS YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE
TERMS, DEFINITIONS, AND ASSUMPTION OF RISKS
TO: Solon Games Incorporated, I.R.L. Battle Arena, Victoria Escape Games, The District of Saanich, The District of Central Saanich, Parks Canada and all associated directors, officers, agents, representatives, employees, volunteers, members, participants, spectators, Districts, Leagues, Clubs, independent contractors, subcontractors, sponsors, successors and assigns (collectively the "RELEASEES").
DEFINITIONS: In this Agreement the term "sports programs " shall include all activities, programs, events, classes, and services provided, sponsored, hosted or organized by the Association or the RELEASEES, including but not limited to: games of combat archery, laser tag, Nerf battles, puzzle hunts, other games, tournaments, practices, recreational events, machines and facilities.
ASSUMPTION OF RISKS: I am the participant or the parent/guardian of the participant and have full legal responsibility for the decisions of said player. I believe my child/ward is physically, emotionally and mentally able to participate in sports programs, and is doing so voluntarily and willingly. I am aware that my child/ward’s participation in sports programs involves many risks, dangers and hazards, which could result in damage, loss, serious physical injury or death to my child/ward. I have spoken to my child/ward and have made my child/ward aware of these risks, dangers and hazards. 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, rashes, and the transmission of communicable diseases, including viruses of all kinds, bacteria, parasites or other organisms or any mutation thereof.
- 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 sports equipment and other persons, whether intentional or unintentional, is a common part of sports 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 sports programs.
- My child/ward’s conduct and conduct of other persons including any physical altercation between sports 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 sports programs, some of which are referred to above.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees allowing myself or my child/ward to participate in various sports programs or use equipment and facilities provided for the various sports programs, 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 nextof-kin may suffer as a result of my or my child’s/ward’s participation in sports programs DUE TO ANY CAUSE WHATSOEVER, including but not limited to:
- negligence on the part of the Releasees;
- breach of contract by the Releasees;
- breach of warranty on the part of the Releasees in respect of the design, manufacture, selection, installation, maintenance or adjustment of equipment;
- breach of any statutory or other duty of care including any duty of care owed under the Occupiers Liability Act, R.S.B.C. 1996, c. 303, on the part of the Releasees; and
- the failure on the part of the Releasees to safeguard or protect me or my child/ward from the risks, dangers and hazards of sports 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 games or activities DUE TO ANY CAUSE WHATSOEVER, including but not limited to negligence on the part of the Releasees; breach of contract by the Releasees; breach of warranty on the part of the Releasees in respect of the design, manufacture, selection, installation, maintenance or adjustment of equipment; breach of any statutory duty or other duty of care including any duty of care owed under the Occupiers liability Act, R.S.B.C. 1996, c. 303, on the part of the Releasees; and the failure on the part of the Releasees to safeguard or protect my child/ward from the risks, dangers and hazards of sports programs, some of which are referred to in the Assumption of Risks section of this Agreement.
3. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage, loss, expense or injury to any third party resulting from my own or my child’s/ward’s participation in games or activities.
4. Despite the risks, dangers and hazards of sports programs, and fully understanding such risks, dangers and hazards, I wish myself or my child/ward to participate in games or activities with IRL Battle Arena or Releasses, 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.
5. This Agreement shall be effective and binding upon my heirs, next-of-kin, executors, administrators, assigns and representatives, in the event of my death or incapacity.
6. I agree that IRL Battle Arena or any of its assign's has the right to any photos or any video/sound footage of me during the IRL Battle Arena event;
MANDATORY VACCINATIONS: Effective immediately and until further notice, all players attending IRL Battle Arena events or activities must be fully vaccinated as a material term of service and must provide proof of vaccination upon request. Failure to provide satisfactory proof of full vaccination may result in denial of service without refund solely at staff discretion. I acknowledge, agree and accept this material term of service.
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 sports programs other than what is set forth in this Agreement.
INSURANCE: I am aware that the RELEASEES carry insurance and that should myself or my child/ward become injured or cause personal injury or property damage to any third party while participating in sports programs, my child/ward may or may not be entitled to insurance coverage depending on the terms and conditions of the insurance policy.
JURISDICTION: This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia (BC), and I agree to attorn solely to the jurisdiction of the Courts of the Province of BC. Any litigation involving the parties to this Agreement shall be brought solely within the Province of BC and shall be within the exclusive jurisdiction of the Courts of the Province of BC. By executing this form, whether on-line or by signature, you agree that you are the registering player’s parent/legal guardian and that you have read, understand and are bound by the Agreement terms.
Electronic Signature and Acknowledgement
Enter the date and the full name of the Participant to acknowledge your electronic signature of this document. Participants under 18 years of age must also include the signature of a Parent or Guardian.
Participant's Electronic Signature*
For Minor Participants under the Age of 18
If participant is a minor under the age of 18, the participant's parent or legal guardian must sign and date below. By signing below, the parent/guardian with legal responsibility of the minor participant named above does hereby consent and agree to the terms and conditions of this Agreement on behalf of himself/herself and the minor participant named above and agrees that all references to “you” in the Agreement, including but not limited to the assumption of the risk, release, indemnity, and waiver of benefits are deemed to include the parent/guardian signing below.
Parent/Guardian Electronic Signature