2023 Men's 35+ PVSL Registration (Grimsby Town Youth Soccer Club)

ONTARIO SOCCER -  

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
(To be signed by Participants of the age of majority and over)

WARNING!  By signing this document, you will waive certain legal rights. Please read carefully.

1.This is a binding legal agreement. Clarify any questions or concerns before signing. As a Participant in activities, programs, classes, services provided and events sponsored or organized by Ontario Soccer and its affiliated districts, leagues, clubs and teams and the sport of soccer, including but not limited to: games, tournaments, practices, training, personal training, dry land training, use of strength training and fitness conditioning equipment, machines and facilities, nutritional and dietary programs, orientation or instructional sessions or lessons, aerobic and anaerobic conditioning programs (collectively the “Activities”), the undersigned acknowledges and agrees to the following terms outlined in this agreement:  

Disclaimer

2.Ontario Soccer, its affiliated districts, leagues, clubs and teams, and their respective directors, officers, committee members, members, employees, coaches, volunteers, officials, participants, agents, independent contractors, subcontractors, sponsors, owners/operators of the facility in which the Activities take place, , successors and assigns, and representatives (the “Organization”) are not responsible for any injury, property damage, expense, loss of income, damage 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 of Risks

3.  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; and

d)    The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization and COVID-19 is extremely contagious.  The Organization has put in place preventative measures to reduce the spread of COVID-19; however, the Organization cannot guarantee that the Participant will not become infected with COVID-19.  Further, attending the Activities could increase your risk of contracting COVID-19.  

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 grass, turf 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 the Organization to provide any warnings, directions, instructions or guidance as to the use of the equipment; failure to use or operate the equipment within my own ability.

d)    Contact: contact with soccer balls, other equipment, poles, stands, soccer equipment, nets, fences, or other persons, whether intentional or unintentional, is a common part of soccer programs, and 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 soccer programs.

f)     Ability:  Failing to act safely or within my own ability or within designated areas.

g)    Sport: the game of soccer and its inherent risk.

h)    Conduct: My conduct and conduct of other persons including any physical altercation between soccer participants.

i)      Travel: Travel to and from the Activities.

j)     Negligence: My negligence and negligence of other persons, including NEGLIGENCE ON the PART OF THE ORGANIZATION, may increase the risk of damage, loss, personal injury or death. I understand that the Organization may fail to safeguard or protect me from the risks, dangers and hazards of soccer programs, some of which are referred to above.

Terms

5. In consideration of the Organization allowing me to participate in the Activities, I agree:

a)    That my mental and physical condition is appropriate to participate in the Activities and I assume all risks related to my mental or physical condition;

b)    That when I practice or train in my own space, I am responsible for my surroundings and the location and equipment that I select;

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 such to the attention of a The Organization representative immediately;

f)     The risks associated with the Activities are increased when I am impaired, and I agree 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 protective equipment and the secure fitting of that equipment; and

i)     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 and voluntarily agree to assume all the foregoing risks.  

Release of Liability and Disclaimer

6. In consideration of the Organization allowing me to participate in the Activities, use its equipment and facilities, 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 be involved 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, events and programs of the Organization; 

f)     To FOREVER RELEASE AND INDEMNIFY 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 warranty, breach of contract and/or breach of any statutory duty of care of the Organization; 

g)    TO HOLD HARMLESS AND INDEMNIFY the Organization from any and all liability for any damage, loss, expense or injury to any third party resulting from my participation in the Activities;

h)   To FOREVER RELEASE AND INDEMNIFY the Organization relating to becoming exposed to or infected by COVID-19 which may result from the actions, omission or negligence of myself and others, including but not limited to the Organization; 

i)     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;

j)     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; and

k)    This release, waiver and indemnity is intended to be as broad and inclusive as is permitted by law of the Province of Ontario and if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect.

Jurisdiction

7. I agree that in the event that I file a lawsuit against the Organization, I agree to do so solely in the Province of Ontario, Canada and further agree that the substantive law of Ontario will apply without regard to conflict of law rules.  I further agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.

Acknowledgement

8. I acknowledge that I have read and understand this agreement, that I have executed this agreement voluntarily, and that this agreement 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 by signing this agreement I have waived my right to maintain a lawsuit against the Organization on the basis of any claims from which I have released herein.

ROWAN’S LAW – CONCUSSION AWARENESS

Rowan’s Law comes into effect in 2020.   This legislation is named in memory of Rowan Stringer who tragically died in 2013 of Second Impact Syndrome, the result of suffering multiple concussions playing rugby three times in six days.  There are new measures being taken by the Ontario Government to ensure that players registered in organized sports are aware of the concussion legislation and protocols, which have been designed to create a safer environment for competitive amateur athletes, children and youth to play sport.  Knowing how to recognize the signs and symptoms of a concussion, and what to do if a concussion happens – whether you are an athlete, a student, a parent, a coach, a team trainer, an official or an educator – saves lives. 

ALL registrations will be subject to the requirements of the new legislation. Rowan’s Law has been passed to ensure that all athletes under 26 years of age; parents of athletes under 18 years of age; and all team coaches/ staff/ officials confirm annually that they have reviewed Ontario’s Concussion Awareness resources.

Under Rowan's Law, before any player can be registered with the Grimsby Town Youth Soccer Club and Ontario Soccer, the player (and the parent or legal guardian of the player if the player is under 18 years of age), must review one of the Concussion Education Resources provided by the Province of Ontario. A link to these resources is provided here.  Please copy and paste the link to open it in a separate window:

MANDATORY Province of Ontario Concussion Education Resources:
https://www.ontario.ca/page/rowans-law-concussion-safety

There are also links to Rowan's Law documents by applicable division on our website.

Rowan’s Law is a multi-level awareness for every sport so the documents that need to be reviewed can be done for multiple sports, but all players or guardians must sign a soccer waiver confirming that they have reviewed the Rowan’s Law resources every year at registration.  

While the legislation is only applicable to players under the age of 26, in the interests of player safety and best practices, the Grimsby Town Youth Soccer Club will require ALL players (or their parent/guardian if they are under 18 years of age) to review and sign off on the requirements of the legislation. 

Rowan's Law Acknowledgement:

I hereby confirm that the player being registered to participate in soccer activities with the Grimsby Town Youth Soccer Club and Ontario Soccer, and the parent or legal guardian of the player being registered if the player is under 18 years of age, have reviewed one of the concussion education resources provided by the Province of Ontario as referenced above and have reviewed the player code of conduct as referenced above. I / we further acknowledge understanding the nature and risk of concussion and head injury to athletes, including the risks of continuing to play after a concussion or head injury is suspected.

ONTARIO SOCCER CONSENT FOR USE OF PERSONAL INFORMATION

I authorize the Canadian Soccer Association, *Ontario Soccer, the applicable District Association (Niagara Soccer Association) and Soccer Organization (Grimsby Town Youth Soccer Club) to collect and use personal information about me or my child/ward for the purpose of receiving communications from the Canadian Soccer Association, Ontario Soccer, District Association, League and Soccer Organization.  I understand that I may withdraw such consent related to receiving communications at any time by contacting the Ontario Privacy Officer at [email protected] or by mail to: Attention: Privacy Officer, Ontario Soccer 7601 Martin Grove Road, Vaughan ON  L4L 9E4.  The Privacy Officer will advise the implications of such withdrawl.

 *We do not sell or distribute your personal information to any other third party not listed herein.*

GTYSC REFUND POLICY

1.   Any refund is in the sole discretion of the Board of GTYSC. This policy is provided as a guide to the availability of refunds. For the purpose of this policy the start date for the season is deemed to be the first Monday of May* or when the first scheduled house league game takes place, whichever is earlier.

2.    Any refund is contingent on all issued equipment and full uniform being returned to the club unused and in pristine condition. The date of return of all issued equipment and uniform will be deemed the effective date for the purpose of applying this refund policy.

3.    All refunds are subject to a $25.00 administration charge which will be deducted from the refund amount.

4.    Refund amount (subject to above deduction) of player registration fees will be as follows:

Prior to the start of the season..............................100%

Before May 31..................................................... 50%*

After May 31........................................................Nil*

5.    In exceptional circumstances, such as sudden individual illness extending more than 50% of the regularly scheduled season, provided supporting documents requested by the Board are provided in a timely manner.

6.    Players who submit their registration to play in a travel league and subsequently cancel their registration with the GTYSC prior to the start of the season will also be subjected to a $35.00 cancellation fee.

7.    Travel team try-out players who are not offered a position with a travel team prior to the start of the season will be offered a 100% refund of registration fees.

8.    Any travel team try-out players who are not offered a position with a travel team and wish to transfer to house league prior to the start of the season may do so without any administration charge levied and with a refund of fees paid in excess of the house league rate.

9.    Travel players withdrawing to play house league after the start of the season may do so with a refund of fees paid in excess of the house league rate though subject to a $35.00 cancellation fee.