**If this waiver is for use with EDSA, EMSA, EIYSA or BHE, please contact the league you are registered with for waiver signing. Electronically signed waivers will not be accepted for individuals registered with the above leagues.
Please click here for the waiver in .pdf format, which will be accepted by all leagues, or can be dropped off in person at any of the below listed facilities.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
(To be executed by Participants who are 18 years old and older)
WARNING! Please read carefully! By signing this document, you will waive certain legal rights – including the right to sue
1. This is a binding legal agreement. Clarify any questions or concerns before signing.
2. The “Organization” shall be defined as and include the Edmonton Soccer Association Facilities, Edmonton Soccer Association, the City of Edmonton, and any association/league/ casual renter organizing or sanctioning the Activities, as well as their respective directors, officers, committee members, members, employees, coaches, volunteers, officials, participants, agents, sponsors, owners/operators of the facilities in which the Activities take place, and representatives.
3. The “Organization” shall also include the named lands and premises of the City of Edmonton listed below that are leased to and operated by the Edmonton Soccer Association and that are municipally described as:
a) 17415 106a Avenue
b) 12720 Victoria Trail
c) 6520 Roper Road
d) 14920 – 142 Street
4. Prior to participating, an individual who is 18 years old or older and who wants to participate in any activities, programs, classes and services (such as competitions, tournaments, practices, training, personal or strength training, dry land training, training using machines or weights, nutritional and dietary programs, orientational or instructional sessions or lessons, and aerobic and anaerobic conditioning programs (collectively the “Activities”)) that are provided by or sanctioned by the Organization, and/or who wants to participate in any events sponsored, hosted, or organized by the Organization, must acknowledge and agree to the terms outlined in this agreement.
5. The Organization is not responsible for any injury, personal injury, damage, property damage, expense, loss of income or loss of any kind suffered by a Participant during, or as a result of, the Activities, caused in any manner whatsoever including, but not limited to, the negligence of the Organization.
Description and Acknowledgement of Risks
6. I understand and acknowledge that
a) 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
b) The Organization may offer or promote online programming (such as webinars, remote conferences, workshops, and online training) which have different foreseeable and unforeseeable risks than in-person programming
c) The Organization has a difficult task to ensure safety and it is not infallible. The Organization may be unaware of my fitness or abilities, may misjudge weather or environmental conditions, may give incomplete warnings or instructions, and the equipment being used might malfunction
d) (COVID-19) The COVID-19 disease has been declared a worldwide pandemic by the World Health Organization and is extremely contagious. The Organization has put in place preventative measures to reduce the spread of COVID-19; however, the Organization cannot guarantee that I will not become infected with COVID-19. Further, participating in the Activities could increase my risk of contracting COVID-19
7. I am participating voluntarily in the Activities. In consideration of my participation, I hereby acknowledge that I am aware of the risks, dangers and hazards associated with or related to the Activities. I understand that the Organization may fail to safeguard or protect me form the risks, dangers and hazards of the Activities, some of which are listed below.
The risks, dangers and hazards include, but are not limited to:
a) Health: executing strenuous and demanding physical techniques; physical exertion; overexertion; stretching; dehydration; fatigue; cardiovascular workouts; rapid movement and stops; lack of fitness or conditioning;traumatic injury; sprains, dislocations and fractures; tendonitis; muscular and soft tissue damage; heart attack, stroke; head facial, eye or dental injuries; spinal cord injuries, bacterial infections; rashes; asthma; 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 floors, the ground, or other surfaces; extreme weather conditions; and travel to and from the premises
c) Equipment: mechanical failure of the equipment; misuse, malfunction or breakdown of the equipment; negligent design or manufacture of the equipment; the provision of or the failure by the Organization to provide any warnings, directions, instructions or guidance as to the use of the equipment; failure to wear safety or protective equipment; and failure to use or operate equipment within my own ability
d) Contact: contact with balls, sticks, nets, other equipment, vehicles, or other persons; and other contact that may lead to serious bodily injury, including but not limited to concussions and/or other brain injury or serious spinal injury
e) Advice: negligent advice regarding the Activities
f) Ability: failing to act safely or within my own ability or within designated areas
g) Sport: participation in sport and its inherent risks
h) Non-Sport: the use of vending, concession and/or lounge facilities, bleachers, dressing rooms and all other amenities
i) Cyber: privacy breaches; hacking; and technology malfunction or damage
j) Conduct: my conduct and conduct of other persons including any physical altercation between participants
k) Travel: travel to and from the Activities
l) Negligence: my negligence and negligence of other persons, including NEGLIGENCE ON THE PART OF THE ORGANIZATION,which may increase the risk of damage, loss personal injury or death
8. In consideration of the Organization allowing me to participate in the Activities, I agree:
a) That when I practice or train in my own space, I am responsible for my surroundings and the location and equipment that I select and I assume all risks related to my mental and physical condition
b) That my mental and physical condition is appropriate to participate in the Activities
c) To comply with the rules and regulations for participation in the Activities
d) To comply with the rules of the facility or equipment
e) That if I observe an unusual significant hazard or risk, I will remove myself from participation and bring my observations to a representative of the Organization immediately
f) The risks associated with the Activities are increased when I am impaired and I will not to participate if impaired in any way
g) That it is my sole responsibility to assess whether any Activities are too difficult for me. By commencing an Activity, I acknowledge and accept the suitability and conditions of the Activity
h) That I am responsible for my choice of safety or protective equipment and the secure fitting of that equipment
i) (COVID-19) That COVID-19 is contagious in nature and I may be exposed to, or infected by, COVID-19 and such exposure may result in personal injury, illness, permanent disability, or death
Release of Liability and Disclaimer
9. In consideration of the Organization allowing me to participate, I agree:
a) That the sole responsibility for my safety remains with me
b) To ASSUME all risks arising out of, associated with or related to my participation
c) That I am not relying on any oral or written statements made by the Organization or its agents, whether in a brochure or advertisement or in individual conversations, to agree to participate in the Activities
d) To WAIVE any and all claims that I may have now or in the future against the Organization
e) To freely ACCEPT AND FULLY ASSUME all such risks and possibility of personal injury, death, property damage, expense and related loss, including loss of income, resulting from my participation in the Activities
f) To FOREVER RELEASE the Organization from any and all liability for any and all claims, demands, actions, damages (including direct, indirect, special and/or consequential), losses, actions, judgments, and costs (including legal fees) (collectively, the “Claims”) which I have or may have in the future, that might arise out of, result from, or relate to my participation in the Activities, even though such Claims may have been caused by any manner whatsoever, including but not limited to, the negligence, gross negligence, negligent rescue, omissions, carelessness, breach of contract and/or breach of any statutory duty of care of the Organization
g) To FOREVER RELEASE AND INDEMNIFY the Organization from any action related to my becoming exposed to or infected by COVID-19 as a result of, or from, any action, omission or negligence of myself or others, including but not limited to the Organization
h) That the Organization is not responsible or liable for any damage to my vehicle, property, or equipment that may occur as a result of the Activities
i) That negligence includes failure on the part of the Organization to take reasonable steps to safeguard or protect me from the risks, dangers and hazards associated with the Activities
j) This release, waiver and indemnity is intended to be as broad and inclusive as is permitted by law of the Province of Alberta and if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect
10. I agree that in the event that I file a lawsuit against the Organization, I will do so solely in the Province of Alberta and further agree that the substantive law of the Province of Alberta will apply without regard to conflict of law rules.