WARNING! By agreeing to this document you will waive certain legal rights. Please read carefully.
1. This is a binding legal agreement. Clarify any questions or concerns before signing. In consideration of the opportunity to participate as a Participant in the spectating, orientation, instruction, training, participation in the sport of athletics, related athletics disciplines, activities, programs, travel to and from competitive events and associated non-competitive events, including the services of and offered (the "Activities") by Athletics Yukon its respective, directors, officers, committee members, members, employees, coaches, volunteers, officials, participants, governing body, agents, sponsors, owners/operators of the facilities in which the Activities take place and representatives (collectively the "Organization") the undersigned, being the Participant and the Participant's Parent/Guardian (collectively the "Parties"), acknowledge and agree to the following terms:
Description of Risks
2. The Participant understands and acknowledges the following risks dangers and hazards (the "Risks") of the Activities and related disciplines which include without limitation:
a) Strenuous and demanding physical exertion, strenuous cardiovascular workouts, rapid movements, exertion and tension on various muscle groups which may cause serious injury to virtually all bones, joints, ligaments, muscles, tendons and other aspects of the Participant's body or the Participant's general health and wellbeing.
b) Concussion or other related head injuries including but not limited to closed head injury or blunt head trauma.
c) Loss of or damage to equipment/property.
d) Exposure to extreme conditions and circumstances.
e) Contact with other participants, officials, administrators, spectators or other natural or manmade objects, dangers arising from adverse weather conditions, imperfect field of play conditions, equipment failure or malfunction, inadequate safety measures and participants of varying skill levels.
3. The Activities have foreseeable and unforeseeable inherent risks, hazards and dangers that no amount of care, caution or expertise can eliminate, including without limitation, the potential for serious bodily injury, sickness, disease, contagion including but not limited to COVID-19, permanent disability, paralysis and loss of life.
4. The Organization may offer or promote online programming (such as webinars, remote conferences, workshops online training and virtual events) which have different foreseeable and unforeseeable risks than in-person programming.
5. The Participant understands that these Risks may be caused in whole or in part by the Participant's own actions or inactions, the actions or inactions of others participating in or present during the Activities or the negligent acts or omissions of the Organization.
6. The Participant understands that many events are unsupported or virtual and take place in the Yukon wilderness which presents additional risk that Athletics Yukon cannot prepare for.
Terms and Attestation
7. The Participant attests, acknowledges and agrees:
a) That the Participant is in good physical and mental condition to participate in the Activities.
b) The Participant will comply with the rules and regulations for participation in the Activities including those that are a condition of use of the facility or venue in which the Activities occur.
c) The Participant will comply with all rules and regulations of the Organization, Dominion of Canada, Yukon Territory and Public Health concerning matters of health and safety and specifically as they relate to COVID-19 or such other communicable disease or contagion.
d) If the Participant observes a significant hazard or risk, the Participant will remove themselves from participation in the Activities and report the hazard or risk to the attention of an Organization representative immediately.
e) That the Organization does not undertake to provide health, accident, disability, hospitalization, personal property or other insurance for the Participant
f) When the Participant practices or trains in the Participant's own space, the Participant is responsible for the surroundings and the location and equipment that the Participant selects.
g) That it is the Participant's sole responsibility to assess whether any Activities are too difficult for the Participant. By the Participant commencing an Activity, the Participant acknowledges and accepts the suitability and conditions of the Activity; and
h) That the Participant is responsible for the choice of the Participant's safety equipment, if required or recommended and the secure fitting of the safety equipment.
Release of Liability and Waiver
8. The Participant hereby expressly assumes all such risks and responsibility for any damages, liabilities, losses including loss of income, expenses or related loss which they incur as a result of the Participant's participation in the Activities.
9. The Participant waives any and all claims that they may have now or in the future against the Organization and covenants not to sue the Organization.
10. The Participant forever releases the Organization from any and all claims, demands, actions, damages (including direct, indirect, special and/or consequential), losses, judgments and costs (including legal fees) (collectively, the "Claims") which the Participant has or may have in the future, that might arise out of, result from or relate to participation in the Activities, even though such Claims may have been caused by the Organization in any manner whatsoever, including but not limited to, the negligence, gross negligence, negligent rescue, omissions, carelessness, breach of contract and/or breach of any statutory duty of care of the Organization. That negligence includes failure on the part of the Organization to take reasonable steps to safeguard or protect the Participant from the risks, dangers and hazards associated with the Activities.
11. The Participant agrees that if, despite this release and waiver of liability, assumption of risk and indemnity agreement, the Participant or anyone on the Participant's behalf, makes a claim against the Organization or any third party that claims indemnification from the Organization, the Participant WILL INDEMNIFY, SAVE AND HOLD HARMLESS the Organization from any litigation expenses, legal fees, loss, liability, damage or costs which any may incur as a result of such claim, to the fullest extent permitted by law.
Jurisdiction
12. The Participant agrees that in the event that the Participant files a lawsuit against the Organization, the Participant agrees to do so solely in the Yukon Territory, Canada and further agrees that the substantive law of the Yukon Territory will apply without regard to conflict of law rules. The Participant further agrees that if any portion of this Agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
Privacy
13. The participant understands that Athletics Yukon collects personal information about each of its registrants, including name, address, email, telephone number, sex, age and date of birth. This information is used for the purposes of the communications from the association, ensuring that each participant competes in the appropriate category, that their name will be listed in that category in the results which are posted on Athletics Yukon website and determining demographics and market trends. The information is also used by and disclosed to Athletics Canada for annual demographic reporting, registration, determining age group and to communicate with provincial associations and participants about athletic programs, events and activities. I understand that Athletics Yukon has the right to take photographs, videotape, or digital recordings of me and to use these in any and all media. I am aware that by giving this consent, I am permitting my name and performance results to be posted on the Athletics Yukon and Athletics Canada website and publications, which can be viewed by anyone who accesses these websites or publications. I understand that I may withdraw consent to the collection, use or disclosure of my personal information at any time by contacting Athletics Yukon or Athletics Canada.
Zero Tolerance
14. The Participant acknowledges that Athletics Yukon is committed to providing a safe environment in which all its participants shall be respected by all other participants, be free from abuse at the hands of any other participant and not be required to participate, and not be required to participant in unsafe or abusive conditions. Athletics Yukon has a "zero tolerance policy" in breaches of the law. Zero tolerance means that no level of sexual harassment is acceptable. No application of membership will be accepted from any person who has been convicted of any criminal offence with respect to any sexual assault under the laws of Canada.
Acknowledgement
15. The Participant acknowledges that they have read and understand this Agreement, that they have executed this Agreement voluntarily and that this Agreement is to be binding upon the Participant, their heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legal or personal representatives. The Participant further acknowledges by signing this Agreement that the Participant has waived the right to maintain a lawsuit against the Organization on the basis of any claims released herein.