Participation Waiver

WAIVER & ACKNOWLEDGEMENT AND RELEASE In signing this document you are waiving the right to bring a court action to recover compensation or obtain any other remedy for; personal injuries, damage to property, loss of property, accident of any kind, death, arising out of your use of or participation in the youth soccer education and training program, hereinafter referred to as Artis Soccer Academy. This includes Artis Soccer Academy’s: facilities, equipment, your participation in classes, or activities sponsored by ARTIS Soccer Academy (including but not limited to tournaments, boot camps, seminars, clinics, and workshops) whether supervised or unsupervised. You must be 18 years of age or older to sign this Acknowledgement and Release, otherwise a parent or guardian must sign on your behalf. ACKNOWLEDGEMENT AND RELEASE WHEREAS Artis Soccer Academy operates soccer training programs and equipment located at the Central Huron Secondary School in Clinton, Ontario (hereinafter referred to as the “Academy”); AND WHEREAS an essential condition for the Academy permitting me to use its facilities and/or participate in any programs and/or training activities, I have agreed to give this Acknowledgement and Release. NOW THEREFORE, IN CONSIDERATION of the Academy permitting me, or my child, to participate in the program Activities, I, for myself or on behalf of my child, my personal representatives, assigns, and heirs: (1) ACKNOWLEDGE, agree and represent that I understand the nature of the Academy and the Activities that I, or my child, am in good health and in proper physical condition to use Academy’s facilities. (2) I fully understand that; A). The Academy’s programs and activities may involve serious risks and dangers of serious bodily injury, including permanent disability, paralysis, infectious diseases, and death (collectively referred to as the “Risks”). B). These Risks may be caused by my own action, the actions or inactions of others using or participating in the Academy’s programs, the condition of the Academy’s facilities or the condition in which the Academy’s activities take place, or the negligence of the Releasees listed below. C). There may be other special or unusual risks associated with the participation in the Academy, including social or economic losses, either known to me or not readily foreseeable at this time: AND I, AND ON BEHALF OF MY CHILD, FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR ALL LOSSES, COSTS, AND DAMAGES I MAY INCUR AS A RESULT OF MY USE OF THE GYM OR MY PARTICIPATION IN THE GYM ACTIVITIES BOTH NOW AND IN THE FUTURE. (3) HEREBY RELEASE, and forever discharge and covenant not to sue the Academy, its officers, directors, shareholders, employees, volunteers, instructors, participants in the Academy’s programs, users of the Academy’s facilities, assigns, owners and lessors of the facility where the Academy is located, all designers, manufacturers and installers of equipment and other fixtures located at the Gym’s facilities(collectively referred to as the “Releasees”) from all liability, claims, causes of action, demands, losses or damages on my account caused, or alleged to have been caused, by in whole or in part by my, or my child’s, use of, or participation in, the Academy or the negligence of the releases or otherwise. I further agree that if despite executing this acknowledgement and release I or anyone on my behalf, makes a claim against any of the releases, whether directly or indirectly, I will indemnify, save and hold harmless each of the releases from any litigation expense, solicitor fee, loss, liability, damage or cost which may be incurred as a result of such claim. (4) CHOICE OF LAW AND ATTORNMENT- This acknowledgement and release shall be governed by and construed in accordance with the laws of the province of Ontario and the laws of Canada applicable within. I agree that the courts of the province of Ontario will have exclusive jurisdiction to determine all disputes and claims arising between the parties. (5) SUCCESSORS AND ASSIGNS- This acknowledgement and release shall be binding upon myself, my personal representatives, assigns, and heirs and shall endure the benefit of ARTIS Soccer Academy and its respective heirs, executors, administrators, directors, successors, assigns and legal representatives. (6) I understand and agree that as a club member, instructor, employee, or visitor I may be photographed, videotaped, contacted by email or other means, or have my likeness recorded by other means and used for commercial purposes including but not limited to marketing, instructional products, and internet applications. I also understand and agree that all pictures, videos, and other recordings done inside the Academy’s facilities are the intellectual property of the Academy. As such, permission to use said pictures, videos, and other recordings, can be granted and withdrawn by the Academy at anytime. I have read this acknowledgement and release, and fully understand its terms and understand that I have given up substantial rights by signing it, and have signed it freely and without any inducement or assistance of any nature and intend it to be irrevocable and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this acknowledgement and release is held to be invalid, the balance of the acknowledgement and release shall continue in full force and effect. Dated in ON on (dd/mm/yyyy): Name of participant: Name of person signing: