RELEASE AND WAIVER OF LIABILITY

RELEASE AND WAIVER OF LIABILITY

In accordance with Bylaw Section 6 on membership, 6.1 on eligibility, β€œAll individuals in the greater Ottawa area, age 18 or above are eligible to be members of the OPA-APO.” I attest that I meet this requirement. 

In consideration of participating in games, activities and events (collectively, β€œGames”) of the Ottawa Pickleball Association (the β€œOPA-APO”), and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I, on behalf of myself and my successors, heirs, assigns and anyone else who may make any claim for or on my behalf, hereby irrevocably and unconditionally agree with and represent to the OPA-APO as follows: 

  • I have reached the legal age of majority in my jurisdiction of residence and have every right to contract in my own name and execute this Release and Waiver of Liability (β€œRelease”).
  • I acknowledge and understand that my participation in the Games may involve certain risks and dangers of accidents, injuries, losses and/or damages, including, but not limited to, personal and bodily injury, death and/or injury to property (the β€œRisks”) and that I understand, have considered and have evaluated the nature, scope and extent of the Risks involved, and I voluntarily and freely choose to assume these risks;
  • I knowingly and freely assume all risks, both known and unknown, related to public health events such as, but not limited to, Coronavirus/COVID-19. I agree that COVID-19 is contagious in nature and I may be exposed to, or infected by, COVID-19 and such exposure may result in personal injury, illness, permanent disability or death
  • I hereby fully and forever release the OPA-APO, its officers, directors, members, agents, representatives, successors and assigns (collectively, the β€œReleased Parties”) from any and all causes of action, lawsuits, losses, damages, injuries (including, but not limited to, personal and bodily injuries, death and injury to property) howsoever caused (whether by negligence, omissions or otherwise), claims, demands, sums, expenses (including, but not limited to, legal fees), and all other liability of any kind whatsoever, that arise, directly or indirectly, out of or in connection with the Games;
  • I hereby agree not to initiate any lawsuit, court action or other legal proceeding against the Released Parties or any of them, nor to join or assist in the prosecution of any claim for damages, which anyone may have, on account of loss, damage or injury sustained by me or others in connection with the Games;
  • I give my permission, irrevocably and in perpetuity, to reproduce, copy, publish, broadcast, or otherwise use: (i) my name; (ii) my likeness; (iii) my voice; and (iv) any comments attributed to me (collectively, the β€œAssets”) that may be filmed, photographed, recorded or otherwise captured by or on behalf of the OPA-APO while I am a participant in the Games, or any material based upon or derived therefrom, or to refrain from so doing, in whole or in part, in any manner or media whatsoever.  I acknowledge that the decision to use or not use the Assets is in the sole and absolute discretion of the OPA-APO and that I shall have no right of approval, no claim to additional compensation or benefit, and no other claims arising, directly or indirectly, out of the use of the Assets.  Further, I agree that any and all materials (the β€œMaterials”) created by or for OPA-APO that incorporate, in whole or in part, the Assets shall remain the sole and exclusive property of the OPA-APO and that the OPA-APO shall retain all intellectual property rights that exist in the Materials.  Further, to the extent that I may have any moral rights in the Materials, I hereby waive all such moral rights in favour of the OPA-APO; 
  • I acknowledge that if any portion of this Release is held to be invalid or unenforceable, all other provisions shall nevertheless continue to be valid and enforceable. This document is governed by the domestic laws of the Province of Ontario and operates to the benefit of the Released Parties, as well as their administrators, successors and assigns, and is binding on me and my heirs, administrators, successors, assigns, insurers and estate; and

I HAVE READ THIS RELEASE CAREFULLY. I FULLY UNDERSTAND ITS CONTENTS, AND VOLUNTARILY AGREE TO ITS TERMS.  

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