PLEASE READ CAREFULLY!

In this agreement (this “Agreement”), the “Activities” shall mean volleyball leagues, volleyball tournaments, volleyball drop-in sessions and any related or associated recreational or sports activities organized by Ottawa Premier Volleyball, an Ontario sole proprietorship (the “Company”).

In consideration of the Company permitting the individual named below (“I” or “me”) to participate in the Activities, and for other good and valuable consideration, I agree to all the terms and conditions set forth in this Agreement.

ASSUMPTION OF RISKS

I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES INVOLVE MANY RISKS, DANGERS, AND HAZARDS, INCLUDING BUT NOT LIMITED TO THE RISK OF SERIOUS INJURY, DEATH, OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS, AND HAZARDS INVOLVED AND THE POSSIBILITY OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.

Without limiting the foregoing, I am aware that my participation in recreational sports such as the Activities involves many risks, dangers and hazards, which could result in damage, loss or physical injury to me. Some of these risks, dangers and hazards include, but are not limited to:

• Health: Overexertion, dehydration, fatigue, lack of fitness or conditioning.
• Gameplay: Collisions, falls or strikes arising from contact with equipment, facilities or other players or participants in the Activities.
• Premises: Defective, dangerous or unsafe condition of the facilities.
• Use of Equipment: Mechanical failure of equipment used in the Activities; negligent design or manufacture of the equipment used in the Activities; the provision of or the failure by the Company to provide any warnings, directions, instructions or guidance as to the use of the equipment used in the Activities; failure to operate the equipment used in the Activities within my own ability.
• Advice: Negligent advice regarding how to participate in the Activities safely.

My conduct and conduct of other persons, including negligence on the part of the Company, may increase the risk of damage, loss, personal injury or death. I understand that the Company may fail to safeguard or protect me from the risks, dangers and hazards of the Activities, some of which are referred to above.

Despite the risks, dangers and hazards of the Activities, and fully understanding such risks, dangers and hazards, I wish to participate in the Activities, and I FREELY ACCEPT AND FULLY ASSUME all such risks, dangers and hazards and the possibility of personal injury, death, property damage and loss resulting therefrom.

I hereby expressly waive and release any and all claims which I have or may in the future have against the Company, its affiliates, and their respective directors, officers, employees, agents, representatives, shareholders, successors, and assigns (collectively, “Releasees”), on account of injury, death, or property damage arising out of or attributable to my participation in the Activities, due to any cause whatsoever, 

including without limitation the negligence of the Company or any other Releasee, breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.

This Agreement constitutes the entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall enure to the benefit of me and my heirs and next-of-kin, and the Company and its successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of the Province of Ontario, and I hereby consent to the exclusive jurisdiction of such courts.

I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS, AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE THE COMPANY AND THE RELEASEES.