CLUB REGISTRATION - Minor Track Association of Ontario

1. This is a binding legal agreement. Clarify any questions or concerns before signing.  In consideration of the opportunity to participate in the spectating, orientation, instruction, training, participation in any activity of the MINOR TRACK ASSOCIATION of ONTARIO, consisting of sport of athletics, related athletics disciplines, activities, programs, travel to and from events and associated non-competitive events, including the services of and offered by the Minor Track Association of Ontario, their respective, directors, officers, committee members, members, employees, coaches, volunteers, officials, participants, governing body, agents, sponsors, owners/operators of the facilities in which the Activities take place, and representatives (collectively the “Organizations”) the undersigned, being the Participant and/or the Participant’s Parent/Guardian  (collectively the “Parties”), acknowledges and agrees to the following terms:

Description of Risks

2. The Club understands and acknowledges the following risks, dangers and hazards (the “Risks”) of the Activities and related disciplines which include, without limitation: 
    
   1. Strenuous and demanding physical exertion, strenuous cardiovascular workouts, rapid movements, exertion and tension on various muscle groups which may cause serious injury to virtually all bones, joints, ligaments, muscles, tendons, organs and other aspects of the Participant’s body or the Participant’s general health and wellbeing.
   2. Concussion or other related head injuries including but not limited to closed head injury or blunt head trauma.
   3. Loss of or damage to equipment/property.
   4. Exposure to extreme conditions and circumstances.
   5. Contact with participants, officials, administrators, employees, volunteers, spectators or other natural or manmade objects, dangers arising from adverse weather conditions, imperfect field of play conditions, equipment failure or malfunction, inadequate safety measures and participants of varying skill levels.

3. 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, sickness, disease, contagion including but not limited to COVID-19, permanent disability, paralysis, loss of life.

4. The Club may offer or promote online programming (such as online training) which mayhave different foreseeable and unforeseeable risks than in-person programming.

5. The Club understands that these Risks may be caused in whole or in part by the Club’s own actions or inactions, the actions or inactions of others participating in or present during the Activities, or the negligent acts or omissions of the Club or Organizations, their employees and/or agents.

Terms and Attestation

6. The Club attests, acknowledges and agrees:
    
   1. That all Participants are in good physical and mental condition to participate in the Activities and does not have any undisclosed medical conditions.
   2. The Club will comply with the rules and regulations for participation in the Activities including those that are a condition of use of the facility or venue in which the Activities occur.
   3. The Club will comply with all rules and regulations of the Organizations, Dominion of Canada, Province of Ontario and Public Health concerning matters of health and safety and specifically as they relate to COVID-19 or such other communicable disease or contagion.
   4. If the Club observes or is aware of a potential or significant hazard or risk, the Club will remove any participant from the Activities and report the hazard or risk to the attention immediately.
   5. That the Minor Track Association will not undertake to provide health, accident, disability, hospitalization, personal property or other insurance for the Club.
   6. When the Club practices or trains in the Club’s own space, the Club is responsible for the surroundings and the location and equipment that the Club selects.
   7. That it is the Club's responsibility to assess whether any Activities are too difficult or strenuous for the Participant. By the Club allowing an Activity, they acknowledge and accept the suitability and conditions of the Activity; and
   8. That the Club is responsible for the choice of the Participant’s safety equipment, if required or recommended, and the secure fitting of the safety equipment.

Release of Liability

7. The Club hereby expressly assumes all such Risks and responsibility for any damages, liabilities, losses including loss of income, expenses, or related loss which they incur as a result of the Participant’s participation in the Activities.

Jurisdiction

8. The Parties agree that in the event that they file a lawsuit against the Minor Track Association, they agree to do so solely in the Province of Ontario, Canada and they further agree that the substantive law of the Province of Ontario will apply without regard to conflict of law rules.

Severability

9. The Club further agrees that if any portion of this agreement is found to be void or unenforceable the remaining sections of the document shall remain in full force and effect.

Acknowledgement

10. The Club acknowledges that they have read this Agreement and understand it, that they have executed this Agreement voluntarily, and that this Agreement is to be binding upon themselves, the Club’s heirs, spouse, parents, guardians, next of kin, executors, administrators, members, participants and legal or personal representatives. The Club further acknowledges by signing this Agreement that they have waived the right to maintain a lawsuit against the Minor Track Association on the basis of any claims from which they have released herein.