RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
*PLEASE READ CAREFULLY*
I am aware that participating in, and/or being present at, the activities and sports offered by or associated with LUG SPORTS GROUP INC., including but not limited to those outlined in Appendix “A” to this document (individually and collectively referred to in this document as the “Activities and Sports”), involves risks and dangers. I understand that known and unknown risks and dangers associated with my participation in, and/or being present at, the Activities and Sports may result in personal injury, death, property damage or loss to myself and others. I understand as well that personal injury, death, property damage or loss may be caused or contributed to by the negligence or carelessness of others.
In consideration of permitting me to participate in the Activities and Sports, permitting me to the use of its equipment and facilities, I HEREBY AGREE, on behalf of myself, my heirs, trustees, assigns, and next of kin, that:
1. I FREELY ACCEPT AND FULLY ASSUME, WITHOUT LIMITATION, ALL RISKS AND DANGERS associated with my participation in, and/or presence at, the Activities and Sports.
2. I WAIVE ANY AND ALL CLAIMS that I have or may in the future have against LUG SPORTS GROUP INC., its affiliated and related companies, and each of their respective directors, officers, employees, agents, contractors, volunteers, sponsors, representatives, successors and assigns, as well as elected and appointed officials (all of whom are collectively referred to in this document as “LUG”).
3. I FOREVER RELEASE, HOLD HARMLESS, AND INDEMNIFY LUG from any and all liability for any loss, damage, injury, or expense that I, my next of kin, or anyone else in connection with my participation in and/or presence at the Activities and Sports may suffer due to any cause whatsoever, including alleged negligence, breach of contract, and/or breach of statutory duty of care including but not limited to the Occupier’s Liability Act, R.S.O. 1990, c.o.2 on the part of LUG, or other participants, or anyone else.
5. I UNDERSTAND AND ACKNOWLEDGE that any abusive play and/or any physical or verbal abuse to any player, manager, referee, spectator, or other individual can and will result in suspension and potential expulsion [whichever the commissioners deem appropriate] from the league and future Activities and Sports.
6. I GRANT to LUG the non-exclusive right to tape, photograph and/or film, and record my actions, movements, voice, and sounds, in whole or in part, during my participation and/or presence at the Activities and Sports (the “Recordings”). Further, I hereby acknowledge and agree that LUG shall be the exclusive owner of the Recordings and the results and proceeds of the Recordings, with the right, but not the obligation, to copyright and to use, distribute, exhibit, advertise, publicize, promote and otherwise exploit the Recordings in any and all forms of media, now known or hereinafter devised, throughout the world, in perpetuity, for no compensation. Furthermore, I irrevocably waive any and all moral rights in and to the Recordings. I acknowledge and agree that I shall not be entitled to enjoin, restrict or otherwise interfere with LUG’s use of the Recordings, and I shall not be entitled to seek injunctive relief in connection therewith.
I FURTHER ACKNOWLEDGE THAT I AM PHYSICALLY FIT TO PARTICIPATE IN THE ACTIVITIES AND SPORTS.
BY ACCEPTING THIS AGREEMENT ONLINE, I CONFIRM THAT I HAVE READ THIS WAIVER OF LIABILITY, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT THOROUGHLY. I FULLY UNDERSTAND ITS TERMS, AND THAT I AM GIVING UP IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
APPENDIX “A”
Non-Exhaustive List of the Activities and Sports:
• Ice Hockey
• Softball
• Indoor Soccer
• Outdoor Soccer
• Indoor Flag Football
• Outdoor Flag Football
• Spikeball
• Beach Volleyball
• Indoor Volleyball
• Golf
• Indoor Basketball
