ORGANIZATION NAME: Elite Stars Elgin and Jesse Foster, employees, coaches, referees, independent contractors, suppliers, sponsors, (all of whom are hereinafter referred as “the Releasees”)
DEFINITION: In this Release Agreement, the term “BASKETBALL” shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees as mentioned above and shall include, but is not limited to: running; jumping; shooting; physical contact; throwing, passing, hitting of an object; instructional camps, travel, transport and accommodation; and other such activities, events and services in any way connected with or related to BASKETBALL.
SAFETY: I am aware that the physical exertion required for basketball and the forces exerted on the body can activate or aggravate pre-existing physical injuries, conditions, symptoms or defects.
ASSUMPTION OF RISKS: I am aware that basketball involves many risks, dangers and hazards. The risks, dangers and hazards, including but not limited to: loss of balance; difficulty or inability to control one’s speed and direction; impact or collision with other participants or equipment; failure of equipment; travel or transport to and from the sites used for basketball; failing to play safely or within the limitations of one’s own abilities, negligence of other participants; I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH BASKETBALL AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT: In consideration of the RELEASEES agreeing to my participation in basketball and permitting my use of their services, equipment and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in basketball or my use of the Equipment DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT.
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in basketball or use of the Equipment.
3. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the province of Ontario and no other jurisdiction.
4. Any litigation involving the parties to this Release Agreement shall be brought solely within the province of Ontario and shall be within the exclusive jurisdiction of the Courts of Ontario. In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in basketball, other than what is set forth in this Release Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.