Gladiator Athletics
Waiver 2023/2024
WAIVEROFCLAIMS,RELEASEOFLIABILITY,ASSUMPTIONOFRISKS, AND INDEMNITYAGREEMENT(“WAIVER,RELEASEANDINDEMNITY”)
BY ACCEPTING THIS WAIVER, RELEASE AND INDEMNITY YOU ARE ACCEPTING RISKS AND AGREEING TO GIVE UP CERTAIN LEGAL RIGHTS, INCLUDINGTHERIGHTTOSUE.
ATHLETICACTIVITIES
Students (from grades 3 to 12) will have anopportunitytotryoutforandparticipateinaSchool sports or athleticteam;specifically.TheAthleticActivitieswillincludepractices,andgamesand tournaments (some of which may be organized outside of CIS (Ontario) and CISAA. It is understood that the Athletic Activities may include close contact or physical interaction with otherparticipants,staff,andvisitorswhohavebeenfullyvaccinatedagainstCOVID-19.
TERMSANDCONDITIONSOFPARTICIPATION
Each student who wishes to participate in the Athletic Activities for the 2023-2024 Academic Year (the “Participant”), or in the case of a Participant under the age of 18, the Participant’s parent or guardian, mustagreetothetermsandconditionsofthisWaiver,ReleaseandIndemnity belowbymarkingthe“Iagree”checkboxfoundattheendofthisWaiver,ReleaseandIndemnity bySeptember15th,2023.
I understand that this Waiver, Release and IndemnityismadeforthebenefitofTheYorkSchool (the “School”), and the Conference of Independent Schools (Ontario) and the Conference of Independent Schools Athletic Association and each of their respective directors, officers, employees, insurers, volunteers (collectively, the “Releasees”, and together with the Participant or in the case of a Participant under the age of 18, the Participant’s parent or guardian, the “Parties”).
This Waiver, Release and Indemnity enures to the benefit of the Releasees and binds the Participant (and in the case of a Participant under the age of 18, the Participant’s parent or guardian), and their respective heirs, executors, administrators and representatives, successors andassigns.
RULESANDREGULATIONS
The Participant must comply with applicable rules and regulations, including directions and instructions from supervisors and coordinators, when participating in the Athletic Activities, including transportation. The Participant agrees to comply with such rules and regulations, act safely and responsibly at all times, and follow all safety policies andprocedures(Rowan’sLaw, etc)associatedwiththeAthleticActivitiesatalltimes.
Risks
The Athletic Activities carry risks which may include, but are not necessarily limited to, risks relatingtothefollowing:
● High-energy activities such asrunningandcardioactivitiessuchsprints,highintensityor sportspecificworkouts.
● Low-energyactivitiessuchaswalkingandstretchingactivities.
● Due to players having water bottles on the bench there is a risk of slipping on spilled water
● Physical play could result in a concussion from contact to the head by a ball, other playersorafall.
● Physical contact with other players and this contact could result in a sport related injury orthetransmissionofanillnessthatcanbecontractedbydirectorclosephysicalcontact.
● Sports injury such as a sprained ankle, sprained or torn ligaments, sprained fingers or thumb,wrist,andotherinjuries.
GeneralrisksofPhysicalActivity:
● Close contact or physical interaction with otherparticipants,staff,andvisitorsduringthe AthleticActivities.
● Playinganycompetitiveorrecreationalsport;
● High-energy activities such as running, fitness exercises, weight lifting, and cardio activities;
● Low-energy activities such as walking, indoor games, open recreation periods, and stretchingactivities;
● Climbing activities involving heightssuchasrockclimbing,climbingtowers,useofhigh andlowropeschallengecourses;
● Wateractivitiessuchasswimminginlakesandpools;
● Physicalorcloseproximitycontactwithotherparticipants,parents,employees/volunteers oftheSchoolandotherindividualswhomayattendtheSchool’sfacilities;
● Contactsportactivitiessuchasforcefulcontactwithotherparticipants;
● Traffic hazards (risks associated with traveling in buses and other vehicles on public roadwaysortravelingasapedestrian);
● Personal and general athletic injuries arising from physical activity (including fatigue, concussion,overexertion,exhaustion,andcardio-pulmonarystrain);
● Sudden Arrhythmia Death Syndromes (SADS) refers to a variety of cardiac disorders which are often genetic and undiagnosed that can be responsible for sudden death in young,apparentlyhealthypeople.
● Natural hazards (including inclement weather, terrain, manmade or other objects on the road,naturaldisasters,andpoorvisibility);
● Environmental hazards (including allergies, sun-related ailments, cold-related ailments, dehydration,altituderelatedailments/injuries,andanimalencounters);
● Equipmentfailureormalfunction;
● Theft,vandalism,andlossordamagetopersonalproperty;and
● The Participant’s useoftheSchool’sfacilitiesandequipmentortheuseofanotherschool orfacility’sservices,amenities,andequipment.
I acknowledge and understand that there are inherent risks, dangers, and hazards (“Risks”) associated with the Participant’s involvement and participation in the Athletic Activities and attendingtheSchool’sfacilities.
I acknowledge and understand that all of the potential Risks cannot be listed in this Waiver, Release and Indemnity I amawarethattheRisksinclude,butarenotlimitedto,thepotentialfor serious personal injury, death, property damage, or illness (e.g., communicable diseases such as influenza,SARSandCOVID-19).
I acknowledge that the Participant’s involvementandparticipationintheAthleticActivitiesmay lead to minor or serious bodily injury to the head, neck, back,bones,joints,ligaments,muscles, tendons, and other aspects of the musculoskeletal and/or the neurological system, injury to internal organs, and injury or impairment to other aspects of the body, general health, and well-being.
I understand that the Risks also include, but are not limited to: any injury, illness, or symptoms related to the spread of the novel coronavirus, SARS
CoV-2, which may result in the contraction of COVID-19, which in turn may involve temporary or permanent health defects impairinganindividual’swell-being.
I also acknowledge that participating in the Athletic Activities may involve attendance at locations away from Schoolpropertyandthattherearerisksanddangersinvolvedintravelingto any such locations, including serious bodily injury, illness, permanent disability, paralysis and death.
MEDICALANDEMERGENCYAUTHORIZATION
I hereby confirm that, to the best of my knowledge, the Participant is physically, mentally, and emotionally capable of participating in all aspects of the Athletic Activities. To the best of my knowledge, the Participant does not have a contagious illness (including but not limited to COVID-19). There is no medical reasonthatwouldrestricttheParticipant’sabilitytoparticipate intheAthleticActivities.
If, to my knowledge, the Participant has any significant change in his/her health conditionprior to the commencement of or during the AthleticActivities,IwillimmediatelyinformtheSchool. I acknowledge that my failure to advise theSchoolofanymedicalorhealthconcernsmayresult intheParticipant’sinabilitytoparticipateintheAthleticActivities.
Should the Participant require medical attention while involved in the Athletic Activities, I consent to the School and its staff securing such medical care as they in their sole discretion deem necessary for the Participant’s health and safety.IacknowledgeandunderstandthatIshall be financially responsible for any such medical care to the extent that there is no or inadequate healthinsurancecoverageinplacefortheParticipant.
ACKNOWLEDGEMENTANDASSUMPTIONOFRISKS
I FREELY ACCEPT AND FULLY ASSUME ALL RESPONSIBILITIES for all Risks and possibilities of personal injury, death, property damage, illness or other loss resulting from the Participant’s involvement and participation in the Athletic Activities. I accept these Risks and agree to the terms of this Waiver, Release and Indemnity, even if the Releasees are found to be negligent or in breach of any duty of care or any obligation to the Participant in respect of the Participant’sinvolvementandparticipationintheAthleticActivities.
I voluntarily assume full responsibility for any and all risks associated with the Participant’s participation in the Athletic Activities, including any and all risks associated with traveling to locations away from the School, regardless ofwhethertransportationtosuchlocationsisoffered by the School or otherwise, and regardless of the mode of transportation, such as bus, private vehicle,orotherwise.
WAIVER,AGREEMENTNOTTOSUE,ANDINDEMNITY
In exchange for the School permitting the Participant to participate in the Athletic Activities, I AGREETOTHEFOLLOWING:
a. TowaiveallclaimsthatIhaveormayhaveinthefutureagainsttheReleasees;
b. Not to commence or participate inanytypeofclaimorlawsuitagainsttheReleasees, including class or representative action, and I expressly agree to waive any law entitlingmetoparticipateinanysuchclassorrepresentativeaction;
c. To release, indemnify, hold harmless and forever discharge the Releasees to the fullestextentpermittedbylawfromallliabilityforallpersonalinjury,death,property damage, illness, or otherlossresultingfromtheStudent’sparticipationintheAthletic Activities due to any cause, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES, BREACH OF ANY DUTY IMPOSED BY LAW (INCLUDING BUT NOT LIMITED TO THE OCCUPIERS' LIABILITY ACT, R.S.O. 1990, c. O.2), BREACH OF CONTRACT OR MISTAKE OR ERROR OFJUDGMENTOFTHERELEASEES,OROTHERWISE;
d. To release, indemnify, hold harmless and forever discharge the Releasees from all liability for all personal injury, death,propertydamage,illness,orotherlossresulting from an infection, disease, virus, bacterium or other microorganisms (whether asymptomaticornot);
e. To release, indemnify, hold harmless and forever discharge the Releasees from all liability for all personal injury, death,propertydamage,illness,orotherlossresulting from public health emergencies, pandemics, or epidemics, as declared assuchbythe WorldHealthOrganizationoranygovernmentalauthority;and
f. To be liable for and to hold harmless and indemnify the Releasees from all actions, proceedings, claims, damages, costs, demands including court costs and costs on a solicitor and client basis, and liabilities whatsoever nature or kind arising out of any wayconnectedwiththeStudent’sparticipationintheAthleticActivities.
SEVERABILITY
If any provision of this Waiver, Release and Indemnity is held by a Court to be unenforceable, then such provision will be modified to reflecttheParties'intention.Allremainingprovisionsof thisWaiver,Release,andIndemnityshallremaininfullforceandeffectasdrafted.
JURISDICTION
I/We agree that any dispute arising out of, in connection with or incident to the Participant’s participation in the Athletic Activities or in any way arising out of or relating to this Waiver, Release and Indemnity shall be litigated,ifatall,beforetheSuperiorCourtofOntariolocatedin Toronto, Ontario, to the exclusion of the courts of any other city, province or country, and the parties hereto attorn to the jurisdiction of the courts of Ontario. I/We further agree that the applicable law to be applied to any dispute shall be the law of the ProvinceofOntario,withthe exceptionofitsconflictoflawsrules.
CONFIRMATIONOFAGREEMENTTOTHISWAIVER,RELEASEANDINDEMNITY
In clicking “I agree” to this Waiver, Release and Indemnity, I am not relying on any oral or written representation or statements made by the Releasees to induce me to participate or to permit the Participant to participate in the Athletic Activities other than those set out in this Waiver,ReleaseandIndemnity.
By checking in the box below, you are indicating your full, voluntary, and informed acknowledgment and acceptance of all of the above. InthecaseofaminorParticipant,by checking the box below, you are also confirming that you are a custodial parent of the minor Participant and are confirming that all custodial parents or guardians of theminor Participanthaveread,acknowledgedandacceptedalloftheabove.
TermsandConditionsofthisWaiver,ReleaseandIndemnity
Iagree(checkboxwillturnbluewhenclicked)
