This Waiver of Liability & Acceptance of Risk (the “Agreement”) applies to all participants (“Participant”) in activities at Community Pickleball Club (“CPC”), including use of all CPC facilities and equipment.

Acknowledgment and Assumption of Risks

Inherent Risks: Participating in pickleball and related physical activities at CPC involves inherent risks, both foreseeable and unforeseeable, that could result in bodily injury, illness, permanent disability, or death. Such risks include, but are not limited to, slips, falls, muscle strains, sprains, head injuries, collisions with other participants, and equipment malfunctions.

Environmental and Communicable Disease Risks: Participation also includes exposure to environmental hazards, such as slippery or wet surfaces, and communicable diseases, including but not limited to COVID-19 and other illnesses.

Responsibility for Physical and Medical Condition: I am solely responsible for assessing and monitoring my physical, mental, and medical condition for participation in activities at CPC. I certify that I am in good health, physically fit, and not aware of any medical condition or limitations that could make participation in CPC activities unsafe.

Waiver and Release of Liability

In consideration of being permitted to participate in activities at CPC, I hereby agree, on behalf of myself, my heirs, and assigns, to release, waive, discharge, and hold harmless Community Pickleball Club, Progress Sport, and Progress Recreation Centre, its officers, directors, employees, volunteers, and agents (collectively, the “Releasees”) from any and all claims, liabilities, or damages related to injury, illness, disability, death, or property damage arising from or connected to my participation in CPC activities. This waiver applies regardless of whether the injury or damage was caused by the negligence of the Releasees or otherwise, except for any gross negligence or willful misconduct by the Releasees.

Indemnification

I agree to indemnify and hold harmless the Releasees from any and all claims or liabilities that may be brought by third parties as a result of my actions while participating in activities at CPC. This includes, without limitation, claims by other participants, spectators, or any individuals who may sustain injury or damage due to my actions or negligence during CPC events or on CPC’s operating facilities.

Use of Equipment and Facilities

Responsibility for Equipment Use: I acknowledge that I am responsible for the appropriate use of CPC facilities and equipment and agree to follow all posted rules, guidelines, and  instructions.

Assumption of Risks in Unsupervised Areas: I understand that some areas within CPC may be unsupervised, and I accept all risks associated with using such areas, including but not limited to locker rooms, washrooms, showers, and common areas where surfaces may be slippery.

Governing Law and Severability

Governing Law: This Agreement shall be governed by the laws of the Province of Ontario, Canada. Any claim or dispute arising from this Agreement or participation in CPC activities shall be resolved exclusively in the courts of Ontario.

Severability: Should any provision of this Agreement be deemed unenforceable by a court of competent jurisdiction, all remaining provisions shall remain in full force and effect.