GLADIATOR ATHLETICS WAIVER 2024/2025
WAIVER OF CLAIMS, RELEASE OF LIABILITY, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT (“WAIVER, RELEASE AND INDEMNITY”)
BY ACCEPTING THIS WAIVER, RELEASE AND INDEMNITY YOU ARE ACCEPTING RISKS AND AGREEING TO GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
ATHLETIC ACTIVITIES
Students (from grades 3 to 12) will have an opportunity to try out for and participate in a School sports or athletic team; specifically The Athletic Activities will include practices, and games and 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 other participants, sta , and visitors who have been fully vaccinated against COVID-19.
Competitive Teams O ered at TYS:
Junior School: Cross-Country, Basketball, Volleyball, Soccer, Track and Field Middle School: Cross-Country, Basketball, Volleyball, Soccer, Track and Field, Flag Football, Badminton, Ultimate Frisbee, Slow-Pitch, Senior School: Cross-Country, Basketball, Volleyball, Soccer, Track and Field, Flag Football, Badminton, Ultimate Frisbee, Slow-Pitch, Alpine Skiing, Swimming
TERMS AND CONDITIONS OF PARTICIPATION
Each student who wishes to participate in the Athletic Activities for the 2024-2025 Academic Year (the “Participant”), or in the case of a Participant under the age of 18, the Participant’s parent or guardian, must agree to the terms and conditions of this Waiver, Release and Indemnity below by marking the “I agree” checkbox found at the end of this Waiver, Release and Indemnity by September 23rd 2024.
I understand that this Waiver, Release and Indemnity is made for the benefit of The York School (the “School”), and the Conference of Independent Schools (Ontario) and the Conference of Independent Schools Athletic Association and each of their respective directors, o cers, 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 and assigns
RULES AND REGULATIONS
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 and procedures (Rowan’s Law, etc) associated with the Athletic Activities at all times.
Risks
The Athletic Activities carry risks which may include, but are not necessarily limited to, risks relating to the following:
● High-energy activities such as running and cardio activities such sprints, high intensity or sport specific workouts
● Low-energy activities such as walking and stretching activities
● 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 players or a fall
● Physical contact with other players and this contact could result in a sport related injury or the transmission of an illness that can be contracted by direct or close physical contact.
● Sports injury such as a sprained ankle, sprained or torn ligaments, sprained fingers or thumb, wrist, and other injuries.
General risks of Physical Activity:
● Close contact or physical interaction with other participants, sta , and visitors during the Athletic Activities
● Playing any competitive or recreational sport;
● 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 stretching activities;
● Climbing activities involving heights such as rock climbing, climbing towers, use of high and low ropes challenge courses;
● Water activities such as swimming in lakes and pools;
● Physical or close proximity contact with other participants, parents, employees/volunteers of the School and other individuals who may attend the School’s facilities;
● Contact sport activities such as forceful contact with other participants;
● Tra c hazards (risks associated with traveling in buses and other vehicles on public roadways or traveling as a pedestrian);
● Personal and general athletic injuries arising from physical activity (including fatigue, concussion, overexertion, exhaustion, and cardio-pulmonary strain);
● 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, apparently healthy people.
● Natural hazards (including inclement weather, terrain, manmade or other objects on the road, natural disasters, and poor visibility);
● Environmental hazards (including allergies, sun-related ailments, cold-related ailments, dehydration, altitude related ailments/injuries, and animal encounters);
● Equipment failure or malfunction;
● Theft, vandalism, and loss or damage to personal property; and
● The Participant’s use of the School’s facilities and equipment or the use of another school or facility’s services, amenities, and equipment.
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 attending the School’s facilities.
I acknowledge and understand that all of the potential Risks cannot be listed in this Waiver, Release and Indemnity I am aware that the Risks include, but are not limited to, the potential for serious personal injury, death, property damage, or illness (e g , communicable diseases such as influenza, SARS and COVID-19)
I acknowledge that the Participant’s involvement and participation in the Athletic Activities may 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 impairing an individual’s well-being.
I also acknowledge that participating in the Athletic Activities may involve attendance at locations away from School property and that there are risks and dangers involved in traveling to any such locations, including serious bodily injury, illness, permanent disability, paralysis and death
MEDICAL AND EMERGENCY AUTHORIZATION
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 reason that would restrict the Participant’s ability to participate in the Athletic Activities.
If, to my knowledge, the Participant has any significant change in his/her health condition prior to the commencement of or during the Athletic Activities, I will immediately inform the School I acknowledge that my failure to advise the School of any medical or health concerns may result in the Participant’s inability to participate in the Athletic Activities
Should the Participant require medical attention while involved in the Athletic Activities, I consent to the School and its sta securing such medical care as they in their sole discretion deem necessary for the Participant’s health and safety. I acknowledge and understand that I shall be financially responsible for any such medical care to the extent that there is no or inadequate health insurance coverage in place for the Participant
ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS
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’s involvement and participation in the Athletic Activities
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 of whether transportation to such locations is o ered by the School or otherwise, and regardless of the mode of transportation, such as bus, private vehicle, or otherwise.
WAIVER, AGREEMENT NOT TO SUE, AND INDEMNITY
In exchange for the School permitting the Participant to participate in the Athletic Activities, I AGREE TO THE FOLLOWING:
a. To waive all claims that I have or may have in the future against the Releasees;
b. Not to commence or participate in any type of claim or lawsuit against the Releasees, including class or representative action, and I expressly agree to waive any law entitling me to participate in any such class or representative action;
c. To release, indemnify, hold harmless and forever discharge the Releasees to the fullest extent permitted by law from all liability for all personal injury, death, property damage, illness, or other loss resulting from the Student’s participation in the Athletic 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 OF JUDGMENT OF THE RELEASEES, OR OTHERWISE;
d To release, indemnify, hold harmless and forever discharge the Releasees from all liability for all personal injury, death, property damage, illness, or other loss resulting from an infection, disease, virus, bacterium or other microorganisms (whether asymptomatic or not);
e To release, indemnify, hold harmless and forever discharge the Releasees from all liability for all personal injury, death, property damage, illness, or other loss resulting from public health emergencies, pandemics, or epidemics, as declared as such by the World Health Organization or any governmental authority; 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 way connected with the Student’s participation in the Athletic Activities
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 reflect the Parties' intention. All remaining provisions of this Waiver, Release, and Indemnity shall remain in full force and e ect as drafted.
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, if at all, before the Superior Court of Ontario located in 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 Province of Ontario, with the exception of its conflict of laws rules
CONFIRMATION OF AGREEMENT TO THIS WAIVER, RELEASE AND INDEMNITY
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, Release and Indemnity.
By checking in the box below, you are indicating your full, voluntary, and informed acknowledgment and acceptance of all of the above. In the case of a minor Participant, 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 the minor Participant have read, acknowledged and accepted all of the above.
Terms and Conditions of this Waiver, Release and Indemnity
I agree (checkbox will turn blue when clicked)