SPORTS WAIVER AND RELEASE OF LIABILITY
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, provincial, and local governments and health agencies recommend social distancing and safety measures. Lakeshore Cricket League and it members (“the Association & its Membership”) are using preventative measures to reduce the spread of COVID-19; however, we cannot guarantee that you or your players will not become infected with COVID-19. Further, attending the activities could increase your risk and your players’ risk of contracting COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and I voluntarily assume the risk that my players and I may be exposed to or infected by COVID-19 by attending in Lakeshore Cricket League and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Lakeshore Cricket League activities may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Lakeshore Cricket League employees, volunteers, associated umpires, it members leagues & Club officials and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my teams or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with me and/or my child(ren)’s attendance at Lakeshore Cricket League, its members league & teams, umpires/scorers or participation in teams programming (“Claims”). On my behalf, and on behalf of my players, I hereby release, covenant not to sue, discharge, and hold harmless Lakeshore Cricket League, it’s organizing members, teams, players, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Team, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Team program.
In consideration of the risk of injury while participating in Cricket (the "Activity"), and as consideration for the right to participate in the Activity, We hereby, on behalf of our cricket club, which includes myself, our team members, heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of our participation in the Activity, and do hereby release and forever discharge Lakeshore Cricket League Inc ( LCL) their affiliates, executives, umpires, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, referred as for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that the club or its members may suffer as a direct result of our participation in the aforementioned Activity, including traveling to and from an event related to this Activity. We know that games will be held in all 3 fields of Wet n Wild Dome in Brampton, Niagara Cricket Centre, Peel Region Cricket Grounds or any other Cricket Venue where matches or practices will be held and we assume the risk of the Cricket ball hitting the players / Spectators. If a player, umpire or a spectator gets hit by a ball, then Lakeshore Cricket League Inc. will not be responsible or Liable. This Waiver form is for all Lakeshore Cricket League events (Practices, Matches, Events, Captains Meet, Awards Night, Tournaments, Cup Games, League Games).
We are voluntarily participating in the aforementioned Activity and are participating in the Activity entirely at our own risk. We are aware of the risks associated with traveling to and from as well as participating in this Activity, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), death, economic or emotional loss, property damage or any personal loss We understand that these injuries or outcomes may arise from our own or others' negligence, conditions related to travel, or the condition of the Activity location(s). Nonetheless, We assume all related risks, both known or unknown to us, of our participation in this Activity, including travel to, from and during this Activity. We are aware that protective equipment should be worn while playing Cricket.
We agree to indemnify and hold harmless Lakeshore Cricket League Inc. & WW Toronto Holdings L.P against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by us or anyone on our behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by us or by anyone else acting on our behalf. If Lakeshore Cricket League Inc. incurs any of these types of expenses, We agree to reimburse Lakeshore Cricket League Inc.
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We acknowledge that Lakeshore Cricket League Inc, (LCL) and their directors, owners, umpires, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Lakeshore Cricket League Inc.
We acknowledge that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.
We acknowledge that we have carefully read this "waiver and release" and fully understand that it is a release of liability. We expressly agree to release and discharge LCL , all of its affiliates, umpires, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, from any and all claims or causes of action and we agree to voluntarily give up or waive any right that we otherwise have to bring a legal action against LCL for personal injury or property damage. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of LCL, its agents, and employees. In the event that we should require medical care or treatment, we agree to be financially responsible for any costs incurred as a result of such treatment. We are aware and understand that we should carry our own health insurance.
The aforesaid waiver and release document shall be effective and binding upon the heirs, next of kind, executors, administrator, assigns and representatives in the event of the death of any of club members.
By signing this document we are waiving all legal rights, including the right to sue or claim compensation following an accident and this holds harmless and indemnifies the organization LCL for any kind of liability for any property damage, loss or personal injury to our club member participating in the Cricket Event or relative/friend of club member who may be a spectator to any such event. This document shall be governed by and interpreted solely in accordance with the laws of the province of Ontario and no other jurisdiction and any litigation shall be brought solely within the province of Ontario, exclusively.
We certify that we are fully authorized to sign this document on behalf of the club and its members. We certify that we have read this agreement, that we fully understand its content and that this release cannot be modified orally. We are aware that this is a release of liability and a contract and that we are signing it of our own free will, on behalf of all our club members.