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 ACE VOLLEYBALL CLUB
TERMS & CONDITIONS

CONSENT, ASSUMPTION OF RISK, RELEASE OF LIABILITY AND PARENT/GUARDIAN CONDUCT AGREEMENT

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SIGNING. BY SIGNING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ITS TERMS AND THAT YOU ARE AGREEING TO BE LEGALLY BOUND BY THEM TO THE FULLEST EXTENT PERMITTED BY LAW.

1. CONSENT TO PARTICIPATION

I/We, as the parent(s) and/or legal guardian(s) of the participant identified below, hereby authorize and consent to the participant’s participation in programs, practices, training sessions, camps, clinics, tournaments, competitions, games, travel and other activities operated, organized or sponsored by ACE Volleyball Club (“ACE”).

I/We acknowledge that participation is voluntary and that I/we have had an opportunity to ask questions concerning the nature of the activities and their associated risks.

2. EMERGENCY MEDICAL AUTHORIZATION

I/We authorize ACE and its directors, officers, coaches, staff, employees, volunteers, agents and representatives to obtain or arrange reasonable emergency medical assessment, transportation and treatment for the participant if, in ACE’s reasonable judgment, medical attention is required and I/we cannot be reached within a reasonable period of time.

I/We authorize ACE representatives to communicate with emergency medical personnel and to provide information reasonably necessary to facilitate emergency treatment.

I/We understand that ACE is not a medical provider and does not assume responsibility for the provision, adequacy or outcome of medical treatment provided by qualified medical professionals.

3. ACKNOWLEDGEMENT AND ASSUMPTION OF INHERENT RISKS

I/We acknowledge that volleyball and related athletic activities involve inherent and foreseeable risks of injury, illness, property damage, and other loss.

These risks may include, without limitation:

  • sprains, strains and muscle injuries;

  • fractures and dislocations;

  • bruising, cuts and abrasions;

  • collisions with other participants, coaches or equipment;

  • contact with volleyballs or other equipment;

  • falls or contact with floors, courts, walls, benches or other surfaces;

  • injuries resulting from athletic movements, jumping, landing or physical exertion;

  • aggravation of a pre-existing condition;

  • illness or medical complications;

  • risks associated with transportation and travel where applicable; and

  • in rare circumstances, catastrophic injury, permanent disability or death.

I/We freely and voluntarily accept and assume these inherent risks on behalf of myself/ourselves and the participant.

I/We understand that no safety measures can eliminate all risks associated with participation.

4. RELEASE AND WAIVER OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, I/we, on behalf of myself/ourselves and, where legally permitted, on behalf of the participant, our respective heirs, executors, administrators, personal representatives, successors and assigns, hereby RELEASE, WAIVE AND FOREVER DISCHARGE ACE VOLLEYBALL CLUB and its directors, officers, coaches, employees, staff, volunteers, agents, representatives, successors and assigns (collectively, the “Released Parties”) from claims, demands, actions, causes of action, damages, losses, costs and expenses arising from or relating to the participant’s participation in ACE activities.

This release includes claims arising from the ordinary negligence of one or more of the Released Parties, to the extent such liability may lawfully be released or waived.

This Agreement does not purport to release, waive or exclude liability that cannot legally be released, waived or excluded under applicable law.

 

5. MEDICAL, HEALTH AND FITNESS ACKNOWLEDGEMENT

I/We represent that, to the best of my/our knowledge, the participant is physically capable of participating in the activities for which they are registered.

I/We agree to notify ACE of any medical condition, injury, allergy, medication requirement, physical limitation or other circumstance that may reasonably affect the participant’s ability to participate safely.

I/We understand that ACE coaches and staff are not responsible for determining whether a participant is medically fit to participate.

6. PARENT, GUARDIAN AND PARTICIPANT CONDUCT

ACE is committed to maintaining a safe, respectful and professional environment for participants, coaches, staff, volunteers and families.

Accordingly, ACE maintains a zero-tolerance policy for harassment, bullying, threats, intimidation, abuse, discrimination, maltreatment or other inappropriate conduct directed toward coaches, staff, volunteers, participants, officials or other members of the ACE community.

This policy applies to conduct occurring in person, electronically, through social media, by telephone, by email, through messaging platforms or by any other means connected to ACE activities.

Parents, guardians and participants are expected to communicate respectfully and appropriately with ACE personnel.

7. DISCIPLINARY ACTION

ACE reserves the right, acting reasonably and subject to applicable law, to take disciplinary action in response to conduct that violates this Agreement or ACE policies.

Depending on the circumstances and seriousness of the conduct, disciplinary measures may include:

  • a verbal or written warning;

  • removal from a facility or event;

  • suspension from activities;

  • restrictions on communication or attendance;

  • removal of a parent or guardian from an ACE facility or event;

  • suspension or termination of a participant’s registration; or

  • permanent removal from an ACE program or event (No Refund).

Where appropriate, ACE may also take reasonable steps to protect the safety and well-being of its coaches, staff, volunteers and participants.

8. REMOVAL FROM PROGRAM OR EVENT

I/We acknowledge that ACE has the right to remove a parent, guardian or participant from an ACE facility, event, program or activity where ACE reasonably determines that their conduct presents a safety, security or operational concern or materially interferes with the program or the rights of other participants.

Any termination, suspension or removal will be subject to ACE’s applicable policies and any rights that cannot lawfully be excluded.

9. ACKNOWLEDGEMENT OF LEGAL EFFECT

I/We acknowledge and confirm that:

  1. I/we have carefully read this Agreement in its entirety;

  2. I/we understand the nature and extent of the risks associated with participation;

  3. I/we understand that this Agreement contains a release and waiver of liability;

  4. I/we understand that the release applies to ordinary negligence to the extent permitted by law;

  5. I/we have had sufficient opportunity to obtain independent legal advice before signing;

  6. I/we are signing this Agreement voluntarily and without coercion;

  7. I/we understand that ACE is relying upon this Agreement in permitting the participant to participate in ACE activities; and

  8. I/we agree to be bound by the terms of this Agreement to the fullest extent permitted by applicable law.

10. SEVERABILITY

If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, that provision shall be severed or limited to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

11. GOVERNING LAW

This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Alberta and the applicable laws of Canada.

12. BINDING EFFECT

This Agreement shall be binding upon the undersigned and, to the extent legally permitted, their respective heirs, executors, administrators, personal representatives, successors and assigns.

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