Vancouver Island University Athletics and Recreation Release of Liability

 

Please be advised that this is a binding legal agreement. By signing this document, you are waiving certain legal rights, including the right to sue or claim compensation following an injury.

 

I, the undersigned, in consideration of VIU agreeing to my participation in the activities, programs, classes, services provided, and events held, sponsored, or organized by Vancouver Island University (“VIU”), including, but not limited to, games, tournaments, practices, training, personal training, instructional sessions or lessons, and conditioning programs whether on a grass or turf field, ice surface, court surface, or any other surface (the “Activities”) and permitting my use of any lands, properties, facilities, structures, installations, vehicles, or equipment owned, leased, operated, or otherwise controlled by VIU (the “Premises”), and for good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge, I hereby agree to be bound by the terms contained in this Release of Liability (this “Release”).

 

1.         ASSUMPTION OF RISK

 

1.1       I understand, acknowledge, and agree that 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, permanent disability, paralysis, and loss of life (the “Risks”). The Risks include, but are not limited to, injuries as a result of:

 

(a)        Health: executing strenuous and demanding physical techniques, physical exertion, overexertion, stretching, dehydration, fatigue, cardiovascular workouts, rapid movements and stops, lack of fitness or conditioning, traumatic injury, bacterial infections, rashes, and the transmission of communicable diseases, including viruses of all kinds, COVID-19, bacteria, parasites, or other organisms or any mutation thereof;

 

(b)       Premises: defective, dangerous, or unsafe condition of the facilities; falls; collisions with objects, walls, equipment, or persons; dangerous, unsafe, or irregular conditions on ice, turf/grass, court or other surfaces, extreme weather conditions; travel to and from premises;

 

(c)        Use of Equipment: mechanical failure of the equipment; negligent design or manufacture of the equipment; the provision of or the failure by VIU to provide any warnings, directions, instructions, or guidance as to the use of the equipment; failure to use or operate the equipment properly and/or within my own ability;

 

(d)       Contact: contact with any and all sporting equipment, nets, boards, benches, stands, poles, fences or other persons, whether intentional or unintentional, is a common part of ice and/or turf/field/court programs, and may lead to serious bodily injury, including but not limited to concussions and/or other brain injury, including but not limited to closed head injury or blunt head trauma or serious spinal injury which may render the participant permanently paralyzed;

 

(e)        Serious injury to virtually any and / or all bones, joints, ligaments, muscles, tendons, and other aspects of the participants body or to the participants general health and wellbeing;

 

(f)        Abrasions, sprains, strains, fractures, or dislocations;

 

(g)        Ice, grass, turf, and other surfaces including bacterial infections and rashes;

 

(h)        Advice: negligent advice regarding ice and/or turf/field/court programs;

(i)         Ability: Failing to act safely within my own capability and/or within designated areas;

 

(j)        Sport: the use of ice and/or field/turf/court and its inherent risks;

 

(k)        Conduct: My conduct and the conduct of other persons including any physical altercation between ice and/or field/turf/court participants and/or spectators;

 

(l)         Travel: Travel to and from the Activities;

 

(m)      Negligence: My negligence and negligence of other persons;

 

(n)        Negligence on the part of VIU or its employees, including the failure on the part of VIU or its employees to safeguard or protect me from the risks.

 

1.2       I agree with the foregoing and freely accept and fully assume all of the Risks and acknowledge the possibility of and agree to be solely responsible for any personal injury, illness, death, disability, or property damage I may suffer as a result of my participation in the Activities and/or my use of the Premises.

 

2.         REPRESENTATIONS AND WARRANTIES

 

2.1       I hereby represent and warrant that:

(a)        My mental and physical condition are appropriate to participate in the Activities.

 

(b)       When I take part in the Activities or use the Premises, I will:

           (i) comply with the rules and regulations for participation in the Activities and use of the Premises;

           (ii) comply with all applicable laws, statutes, acts, regulations, government orders, and guidelines,            including but not limited to those pertaining to COVID-19;

           (iii) remove myself from participation in the Activities if I observe a significant hazard or risk and bring such hazard or risk to the attention of a VIU representative immediately;

           (iv) not participate in the Activities or use or occupy the Premises if I am impaired by alcohol, drugs, or for any other reason;

 

(c)        be responsible for assessing whether I am capable of taking part in the Activities safely and to not commence any Activity that is too difficult for me or is otherwise unsafe for me to participate in;

 

(d)       be responsible for selecting and using appropriate protective equipment for the Activities.

 

 

3.         WAIVER OF CLAIMS AND RELEASE OF LIABILITY

 

3.1       I hereby waive any and all claims that I have or may in the future have against VIU and its directors, officers, employees, agents, partners, coaches, sponsors, affiliates, therapists, volunteers, and contractors (the “Releasees”) and hereby Release the Releasees from any and all claims, costs, damages, liability, or responsibility whatsoever for any personal injury, property damage, or wrongful death which I may suffer or that my next of kin may suffer, which may arise from my participation in the Activities or my use of the Premises due to any cause whatsoever, including without limitation negligence, breach of contract, or breach of any statutory or other duty of care as well as any duty of care owned under the Occupiers Liability Act, on the part of the Releasees, and also including the failure on the part of the Releasees to safeguard or protect me from the Risks.

 

4.         INDEMNITY

 

4.1       I shall indemnity and save harmless the Releasees from and against any losses, claims, damages, actions, causes of action, costs (including costs on a solicitor and own client basis), and expenses that the Releasees may sustain, incur, suffer, or be put to at any time resulting from or arising out of my participation in the Activities or my use of the Premises.

 

5.         APPLICABLE LAW

 

5.1       This Release and any rights, duties, and obligations hereunder shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia.

 

5.2       Any litigation involving VIU and the undersigned shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.

 

6.         ACKNOWLEDGEMENT

 

6.1       I acknowledge that I have read and understand this Release in its entirety, that I have executed this Release voluntarily, and that this Release is to be binding upon myself, my heirs, spouse, children, parents, guardians, next of kin, executors, administrators, and legal or personal representatives. I further acknowledge clicking "I agree to the Terms of Service, Liability Waiver and Rules" on this website, I have waived my right to commence or maintain any action against VIU based on any claims from which I have released herein.