Terms and Conditions
Acknowledgement of Activities
1. This is a binding legal agreement. Please clarify any questions or concerns before agreeing. These Terms and Conditions must be agreed to by the Participant and/or the Participant’s parent/guardian (if applicable, when the Participant is younger than the age of majority in their Province/Territory of residence) prior to participation.
2. The Participant acknowledges and agrees to the terms outlined in this Agreement. When applicable, the Participant’s parent/guardian acknowledges and agrees to the terms on behalf of the Participant and references in this Agreement to the Participant agreeing to or acknowledging a risk or term is understood to be referring to the Participant’s parent/guardian agreeing to or acknowledging the risk or term on behalf of the Participant.
Activities
3. The Participant is voluntarily participating in the sport of volleyball and the spectating, orientation, instruction, and activities (collectively the “Activities”) of Northern Lights Athletic Club (hereinafter referred to as “NLAC”). The Activities may include but are not limited to practices, training, personal or strength training, dry land training, nutritional and dietary programs, and aerobic and anaerobic conditioning programs.
4. NLAC, and their respective Directors, Officers, members, employees, coaches, volunteers, participants, agents, sponsors, owners/operators of the facilities in which the Activities take place, and representatives (collectively the “Organization”) are 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 and/or, when the Participant is the age of majority or older, when caused by the negligence of the Organization.
Risks
5. 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. These risks include:
5.1. 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; sprains and fractures, spinal cord injuries, 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.
5.2. Premises: defective, dangerous or unsafe condition of the facilities; falls; collisions with objects or barriers that are a part of the premises, dangerous, unsafe, or irregular conditions on the court or other surfaces; and travel to and from the premises.
5.3. 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 wear safety or protective equipment; and failure to use or operate equipment within the Participant’s own ability.
5.4. Contact: contact with participants, spectators or other persons, equipment, or the court; 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.
5.5. Advice: negligent advice regarding the Activities.
5.6. Ability: failing to act safely or within the Participant’s own ability or within designated areas.
5.7. Sport: the sport of volleyball and its inherent risks, including but not limited to contact with, colliding with, or being struck by the volleyball, net, poles, benches, equipment, other participants, or spectators.
5.8. Conduct: the Participant’s conduct and conduct of other persons including any physical altercation between participants.
5.9. Travel: travel to and from the Activities
6. By agreeing when checking the Terms and Conditions box, the Participant accepts the sport-specific risks listed above.
Personal Information and Image Consent
1. The Participant (and the Participant’s parent/guardian, if applicable) authorizes the Organization to collect and use personal information about the Participant for the purpose of receiving communications (newsletters, announcements, invitations and other news or information) and posting articles of interest, newsletters, promotions, statistics, images and results on their website(s) or social media.
2. The consent obtained in this section complies with the Personal Information Protection and Electronic Documents Act. The Participant (and the Participant’s parent/guardian, if applicable) grants permission to the Organization to photograph and/or record the Participant’s image and/or voice on still or motion picture film and/or audio tape, and to use this material to promote the sport, the Organization, and/or the Organization’s Activities through social media, newsletters, websites, television, film, radio, print and/or displays.
3. The Participant (or the Participant’s parent/guardian, if applicable) understands that they waive any claim to remuneration for use of audio/visual materials used for these purposes.
4. The Participant (and the Participant’s parent/guardian, if applicable) understands that they may withdraw any authorization or permission granted in this section by contacting Northern Lights Athletic Club at:
4.1. info@northernlightsathletic.com or 587-921-6390
Disclaimer
1. When the Participant is the age of majority or older, the Participant forever indemnifies and releases 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 the Participant has or may have in the future, that might arise out of, result from, or relate to, participation in the Activities, even though such Claims may have been caused by any manner whatsoever, including but not limited to, the Organization’s negligence, gross negligence, negligent rescue, omissions, carelessness, breach of contract and/or breach of any statutory duty of care of the Organization.
Acknowledgement
1. The Participant (and the Participant’s parent/guardian, if applicable) acknowledges that they have read and understand this Agreement, that they have executed this Agreement voluntarily, and that this Agreement is to be binding upon themselves, their heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legal or personal representatives.
2. They further acknowledge that by agreeing to this Agreement they have waived their right to maintain a lawsuit against the Organization on the basis of any claims from which they have released herein. When the Participant is younger than the age of majority, the parent or legal guardian registering the participant acknowledges and agrees that they are a parent/guardian of the Participant and have full legal responsibility for the decisions of the Participant.