Please read carefully. By agreeing to this waiver, you will waive certain legal rights, including the right to sue.
Registration Policy: Due to limited capacity, staffing, and advance venue commitments, registration fees are generally non-refundable. Any exception is at the sole discretion of Breakaway Pickleball Camps.
Program
Breakaway Pickleball Camps
Activities
Pickleball camps, clinics, training sessions, instruction, drills, and gameplay
Venue(s)
Various partner facilities (including The Jar Pickleball Club, Toronto)
Participants
Adults only
PLEASE READ CAREFULLY — BY AGREEING TO THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
This Release of Liability, Waiver of Claims and Assumption of Risk (the "Agreement") is entered into by the undersigned participant ("Participant", "I", or "me") in favour of Breakaway Pickleball Camps Inc., an Ontario corporation (the "Company").
I acknowledge and agree that this Agreement applies to my participation in any pickleball camps, clinics, training sessions, instructional programs, events, or related activities organized or operated by Breakaway Pickleball Camps Inc. (collectively, the "Programs").
The Programs may take place from time to time at various facilities and locations and may include, without limitation, instruction, coaching, drills, demonstrations, supervised and unsupervised gameplay, warm-ups, conditioning, physical exertion, and related activities (collectively, the "Activities").
I acknowledge and understand that participation in the Activities involves inherent risks, dangers, and hazards, including but not limited to:
I freely and voluntarily assume all risks associated with the Activities, whether such risks are known or unknown, foreseeable or unforeseeable, and whether arising from negligence or otherwise, to the fullest extent permitted by law.
In consideration of being permitted to participate in the Activities, I hereby waive, release, and forever discharge the Company and all of the following parties (collectively, the "Releasees"):
from any and all claims, demands, actions, causes of action, damages, losses, costs, or expenses of any kind arising out of or related to my participation in the Activities, including claims arising from the negligence of any of the Releasees, to the fullest extent permitted by the laws of Ontario.
I acknowledge and agree that:
I confirm that:
In the event of a medical emergency, I authorize the Company to obtain emergency medical treatment for me at my cost. I release the Releasees from any liability arising from such emergency care or the failure to obtain it.
I grant the Company the irrevocable right and permission to photograph, record, and use my name, likeness, image, voice, and appearance in photographs, video, audio, or other media captured during the Event for marketing, promotional, educational, and commercial purposes, in any medium, without compensation or further approval.
I agree to defend, indemnify, and hold harmless the Releasees from and against any claims, actions, damages, losses, or expenses (including legal fees) arising out of my participation in the Activities or my breach of this Agreement.
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 legal proceeding shall be brought exclusively in the courts of Ontario.
By accepting this waiver, I acknowledge that I have read and understood this Agreement, that I am agreeing voluntarily, and that I understand I am waiving substantial legal rights.
BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION
PLEASE READ CAREFULLY!
In consideration of 1000614977 Ontario Inc. (d/b/a The Jar Pickleball Club), a company incorporated in the Province of Ontario (the "Company") permitting the individual named below ("I" or "me") to access the premises and use the facilities located at 900 Caledonia Road, Unit 5 Toronto, ON, M6B 3Y1, Canada (the “Club”) and participate in pickleball matches, pickleball training, stretching, fitness activities, exercise, weight lifting, using the sauna, using the cold plunge, consuming food and beverages and other attractions, events, classes, sessions, activities, services or facilities of any kind whatsoever at the Club, including but not limited to its courts, amenities, lounges, kitchen, changerooms, washrooms, entryways and parking lot, or that are otherwise sponsored, endorsed or operated by the Company (collectively, the “Activities”), and for other good and valuable consideration, I agree to all the terms and conditions set forth in this agreement (this "Agreement").
The Company has adopted policies, procedures, rules, and regulations, including those posted on the Company’s website at www.thejarpickleball.com, the Company’s mobile application or the premises of the Club or provided to me in writing (collectively, “Policies”) designed to provide for the safe, enjoyable, and healthy use of the Club facilities, services and events by me and the Club’s members and guests. I acknowledge and agree that the Policies are subject to change from time to time in the sole discretion of the Company and that I will read and comply with the then-current Policies whenever I participate in the Activities.
I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES INVOLVE MANY RISKS, DANGERS, AND HAZARDS, INCLUDING BUT NOT LIMITED TO THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, PROPERTY DAMAGE, LOST OR STOLEN PROPERTY, THE TRANSMISSION OF COMMUNICABLE DISEASES, COLLISION WITH OTHER PERSONS OR OBJECTS, BEING STRUCK BY A PADDLE OR BALL, STROKE, HEART ATTACK, OTHER LIFE THREATENING CONDITIONS CAUSED BY PHYSICAL EXERTION, STRAINS, SPRAINS, FRACTURES, TORN MUSCLES OF LIGAMENTS, ALLERGIC REACTIONS, BURNS, SCRAPES, BRUISES, LACERATIONS, EYE INJURY, BRAIN INJURY, SPINAL CORD INJURY, HEAT STRESS, DEHYDRATION, HEARING LOSS, LOSS OF BALANCE OR CONTROL, SLIPS, TRIPS, FALLS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, EQUIPMENT FAILURE, NEGLIGENT FIRST AID, FAILURE TO PLAY SAFELY OR WITHIN ONE’S OWN ABILITY, NEGLIGENCE OF OTHER PERSONS, NEGLIGENCE ON THE PART OF THE RELEASEES (DEFINED BELOW), TRAVEL OR TRANSPORT TO AND FROM THE CLUB, AND NEGLIGENCE OF THE COMPANY INCLUDING FAILURE OF THE COMPANY TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES. 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, DISEASE, PROPERTY DAMAGE OR LOSS, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.
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, disability, disease, death, or property damage arising out of or attributable to the Activities, due to any cause whatsoever, including without limitation the negligence of the Company or any other Releasee (“Negligence Claims”), 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.
I understand that Negligence Claims include but are not limited to the Company’s (1) negligent design, construction (including renovation or alteration), repair, maintenance, operation, supervision, monitoring, or provision of the Activities; (2) negligent failure to warn of or remove hazardous, unsafe, dangerous, or defective conditions; (3) negligent failure to provide or keep premises in a reasonably safe condition; (4) negligent provision of or failure to provide emergency care; (5) negligent hiring, selection, training, instruction, certification, supervision, or retention of employees, independent contractors or volunteers; (6) negligent collection, use, disclosure, or storage of personal, sensitive, or other information (including negligent failure to implement or maintain information security controls); or (7) other negligent act(s) or omission(s).
I SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ALL OTHER RELEASEES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE LEGAL FEES, IN CONNECTION WITH ANY THIRD PARTY CLAIM, SUIT, ACTION, OR PROCEEDING ARISING OUT OF OR RESULTING FROM THE ACTIVITIES.
I confirm that I am: (a) in good health, in proper physical and mental condition, and do not have any medical or other conditions that would impair my ability to participate in the Activities; and (b) not experiencing symptoms of any bacterial or viral diseases (such as cough, shortness of breath, fever or other symptoms), do not have a confirmed or suspected case of a bacterial or viral disease, and have not come in contact in the last fourteen days with a person who has been confirmed or suspected of having a bacterial or viral disease. I will comply with all federal, provincial and local laws, orders, directives and guidelines related to the Activities while participating in the Activities. I will also follow all instructions, recommendations, and cautions of the Company at all times during my participation in the Activities. If at any time I believe conditions to be unsafe, that I am no longer in proper physical condition to participate in the Activities, or I begin experiencing symptoms of a bacterial or viral disease, I will immediately discontinue further participation in the Activities. I have been advised by the Company to wear and will wear all protective equipment that is required by the rules and regulations of the governing body for my sport.
This Agreement, together with any membership agreement or coaching agreement that I have entered into with the Company, 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 NEXTOF-KIN), INCLUDING THE RIGHT TO SUE THE COMPANY AND THE RELEASEES.
This page is provided for review purposes only. Waiver acceptance is captured during checkout or via the waiver-sign page.