JACKED SPORTS & SOCIAL CLUB (2122786 Ontario Inc.) ADULT PARTICIPANT WAIVER, RELEASE, INDEMNITY & ASSUMPTION OF RISK (ONLINE TERMS & CONDITIONS)
IMPORTANT – PLEASE READ CAREFULLY
EACH PLAYER PARTICIPATING IN ANY JACKED SPORTS & SOCIAL CLUB PROGRAM IS REQUIRED TO READ AND AGREE TO THIS DOCUMENT. BY CLICKING “I AGREE” (OR SIMILAR) DURING ONLINE REGISTRATION, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE, YOU MAY NOT PARTICIPATE.
This is a binding legal agreement between the individual participant (“Participant”, “I”, “me”) and Jacked Sports & Social Club, a program of 2122786 Ontario Inc. (“Jacked Sports”).
Definitions / Activities
In this agreement:
• “Jacked Sports” means Jacked Sports & Social Club, a program operated by 2122786 Ontario Inc. (which also operates programs under the “VolleyGirls” name).
• “Activities” means all sports, volleyball and related activities organized, sponsored or operated by Jacked Sports, including without limitation leagues, games, training sessions, practices, tournaments, open gyms, clinics, camps, social events incidental to sports programming, and related travel or gatherings at any facility used by Jacked Sports.
Assumption of Risks
I understand and acknowledge that participation in sports and volleyball activities involves inherent risks, dangers and hazards, which can result in serious personal injury, illness, disability, death, and/or property damage.
These risks include, but are not limited to:
• collisions with other players, spectators, walls, floors or equipment;
• falls, slips or trips;
• awkward landings, jumps, dives or sudden changes of direction;
• overuse injuries; sprains and strains; fractures;
• concussions and other head, neck, back or spinal injuries;
• strenuous physical exertion, rapid movements and cardiovascular stress;
• risks associated with playing surfaces, facilities, equipment or weather conditions;
• exposure to or transmission of communicable diseases or illnesses, which may be spread through person-to-person contact or shared surfaces; and
• travel to and from Activities.
I understand that Jacked Sports will take reasonable steps to provide a safe and positive environment and to reduce the risk of harm, including establishing rules, providing supervision and responding to incidents as appropriate, but that it is not possible to make participation risk-free.
I understand that the above risks and other risks may be caused by:
• my own actions or inactions;
• the actions or inactions of other participants, spectators, volunteers, coaches, officials, facility staff or third parties; and/or
• the condition of facilities or equipment.
I freely accept and fully assume all such risks and the possibility of personal injury, illness, death, property damage or loss (collectively, the “Assumed Risks”).
Release of Liability
I understand and acknowledge that, even where reasonable precautions are taken, injuries, illnesses and losses can still occur due to the Assumed Risks and other factors beyond the control of Jacked Sports.
To the fullest extent permitted by law, I hereby release, waive and forever discharge:
• 2122786 Ontario Inc., operating as Jacked Sports & Social Club and VolleyGirls;
• Trinity Christian School, and any other facility owner/operator used by Jacked Sports; and
• their respective directors, officers, shareholders, employees, contractors, coaches, volunteers, agents, representatives and assigns
(collectively, the “Releasees”) from:
any and all liability, recourse, proceedings, claims, demands, actions, causes of action, damages, losses, costs and expenses of any kind whatsoever (including legal fees), arising out of or in any way connected with:
• the Assumed Risks; and/or
• my preparation for, attendance at or participation in any Activities, including where such loss, injury, illness or damage is caused in whole or in part by the negligence of any of the Releasees, to the fullest extent permitted by law.
This release is intended to apply to ordinary negligence but does not release claims that cannot legally be waived under applicable law (for example, where exclusion of liability for gross negligence or wilful misconduct is prohibited).
Indemnity
I agree to indemnify and hold harmless the Releasees from and against any and all claims, demands, actions, causes of action, damages, losses, costs and expenses (including legal fees on a solicitor-client basis) brought by any person in connection with:
• my presence at or participation in any Activities;
• the Assumed Risks as they relate to me; and/or
• my failure to comply with any rules, safety measures, facility policies or instructions,
including claims alleging negligence on the part of any of the Releasees, to the fullest extent permitted by law.
Participant Responsibilities & Alcohol
I acknowledge and agree that:
• I am responsible for ensuring that I am physically and medically fit to participate in the Activities and have consulted a physician if I have any concerns.
• I will play and conduct myself in a safe, respectful manner and will comply with all rules, safety measures, facility policies and instructions communicated by Jacked Sports staff, officials and volunteers.
Alcohol
• Consumption of alcohol is strictly prohibited on site and at any facility where it is not expressly permitted.
• Jacked Sports does not sell, serve, monitor or control alcohol consumption.
• If I choose to consume alcohol before or after Activities (offsite or where legally permitted), I do so entirely at my own risk and remain fully responsible for my conduct, decisions, transportation and compliance with all applicable laws.
Refund Policy
I acknowledge and agree that:
• Leagues / Programs:
There are no refunds for cancellations made with less than 30 days’ notice before the scheduled start date of a program or league.
All cancellations are subject to an administrative fee of $75.00 for a full team and $25.00 for an individual registration.
No refunds or credits will be issued due to defaulted or cancelled games (including cancellations due to weather, facility issues or other circumstances beyond Jacked Sports’ control), for injuries, or for any player or team that is suspended or removed from participation for disciplinary or safety reasons.
Tournaments:
All tournament registrations are final. Due to team allocations, facility bookings and scheduling requirements, no refunds or credits will be issued once a tournament registration has been processed.
Photo / Image Release
I hereby grant Jacked Sports & Social Club (2122786 Ontario Inc.), its directors, officers, employees, coaches, volunteers, contractors and authorized media representatives:
• the right to photograph, film and otherwise record my image, likeness, voice and performance during Activities; and
• the right to use, reproduce, publish, display and distribute such images and recordings (the “Images”) in any media now known or hereafter developed, for marketing, promotional and informational purposes, including but not limited to websites, social media, print materials and electronic communications.
I understand and agree that:
• I will not receive any payment or compensation for the use of the Images;
• the Images may be viewed, shared or copied by third parties beyond the control of Jacked Sports (for example, via social media); and
• I waive any right to inspect or approve the finished product or its use.
If I do not wish my image to be used for marketing purposes, I may email Jacked Sports at the address provided on the website and request a marketing photo opt-out. I understand that Jacked Sports will use reasonable efforts to respect such requests on a go-forward basis but cannot guarantee that I will never be incidentally captured in group or background images.
I confirm that I am over 19 years of age and that I have not granted any other person the exclusive right to use my name, portrait, picture or photograph in a way that conflicts with this release.
Age of Majority & Binding Effect
• I confirm that I am at least 19 years old and of legal age to enter into this binding agreement.
• I understand that Jacked Sports would not permit me to participate in any Activities unless I accept this Waiver, Release, Indemnity & Assumption of Risk, which applies to all Activities now and in the future, without the need to re-sign or re-accept each time.
• This agreement is binding upon me and my heirs, executors, administrators, personal representatives and assigns.
Governing Law
This agreement and any dispute arising out of or in connection with it shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
Acknowledgement
By clicking “I agree” (or similar) during online registration, I confirm that:
• I have read and understood this Waiver, Release, Indemnity & Assumption of Risk;
• I understand that by accepting it I am waiving certain legal rights, including the right to sue in certain circumstances;
• I have been given the opportunity and am encouraged to seek independent legal advice before accepting this agreement;
• I am freely and voluntarily accepting this agreement without any inducement or pressure; and
• I agree to be bound by this agreement in consideration for being permitted to participate in Activities organized or operated by Jacked Sports & Social Club (2122786 Ontario Inc.).
By proceeding with registration and indicating acceptance, I agree to all of the terms set out above.