Activities
The Participant warrants that the Participant is voluntarily participating in the sport of
badminton and the spectating, orientation, instruction, activities, competitions, programs, and
services (collectively the “Activities”) of Badminton World Federation, Badminton Canada,
Badminton Ontario, the Provincial Sport Organization ("PSO") governing badminton in Ontario,
and any affiliated Member club.
For further clarity, the PSO includes its Directors, Officers, committee members, members,
employees, coaches, volunteers, officials, participants, agents, sponsors, owners/operators of
the facilities in which the Activities take place, and representatives, and is 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, even when caused by
the negligence of the PSO.
Risks
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 but
are not limited to:
- Executing strenuous and demanding physical techniques;
- Vigorous physical exertion, strenuous cardiovascular workouts and rapid movements;
- Exerting and stretching various muscle groups;
- The failure to properly use any piece of equipment or from the mechanical failure of any
piece of equipment;
- Spinal cord injuries which may render the Participant permanently paralyzed;
- Serious injury to virtually all bones, joints, ligaments, muscles, tendons and other aspects of
the Participant’s body or to the Participant’s general health and well-being;
- Abrasions, sprains, strains, fractures, or dislocations;
- Concussion or other head injuries, including but not limited to, closed head injury or blunt
head trauma;
- Physical contact with other participants, spectators, equipment, and hazards;
- Contact with a racquet, shuttlecock, net, or the court;
- Not wearing appropriate safety or protective equipment;
- Failure to act safely or within the Participant’s own ability or within designated areas;
- Travel to and from competitive events and associated non-competitive events which are an
integral part of the Activities;
- Exposure to disease including COVID-19 and other contagious illnesses.
The PSO may offer or promote online programming (such as webinars, remote conferences,
workshops, and online training) which have some different foreseeable and unforeseeable risks
than in-person programming. These risks include but are not limited to privacy breaches,
hacking, technology malfunction or damage.
Terms
In consideration of the PSO allowing the Participant to participate in the Activities, the
Participant (or the Participant’s parent/guardian, if applicable) agrees:
- That the Participant is not relying on any oral or written statements made by the PSO or
their agents, contained in any medium, including but not limited to a brochure or
advertisement or in individual conversations, to agree to participate in the Activities;
- That when the Participant practices or trains in their own space, the Participant is
responsible for the Participant’s surroundings and the location and equipment that is
selected for the Participant;
- That the Participant’s mental and physical condition is appropriate to participate in the
Activities and the Participant assumes all risks related to the Participant’s mental and
physical condition;
- To comply with the rules and regulations for participation in the Activities as outlined in the
regulation section of each Activity; extending to and including additional health and safety
practices as required by the PSO;
- To comply with the rules of the facility and use all equipment properly and for its intended
purpose only;
- That if the Participant observes an unusual significant hazard or risk, the Participant will
remove themselves from participation and immediately bring their observations to a
representative of the PSO;
- The risks associated with the Activities are increased when the Participant is impaired and
the Participant will not participate if impaired in any way;
- That it is the Participant’s sole responsibility to assess whether any Activities are beyond the
skill level of the Participant. By the Participant commencing an Activity, the Participant
acknowledges and accepts the suitability and conditions of the Activity as measured against
the skills of the Participant;
- That the Participant is responsible for choosing the Participant’s safety or protective
equipment and the secure fitting of that equipment.
Disclaimer
The Participant (or the Participant’s parent/guardian, if applicable) assumes all risks arising out
of, associated with or related to, participation in the Activities and waives any and all claims that
the Participant may have now or in the future against the PSO. The Participant, when the age of
majority or older, accepts and fully assumes all such risks and possibility of personal injury,
death, property damage, expense and related loss, including loss of income, resulting from
participation in the Activities.
The Participant (when 18 years old or older) forever releases and indemnifies the PSO 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 PSO’s
negligence, gross negligence, negligent rescue, omissions, carelessness, breach of contract
and/or breach of any statutory duty of care of the PSO.
The PSO is not responsible or liable for any damage to the Participant’s vehicle, property, or
equipment that may occur as a result of the Activities. This Agreement is governed by the laws
of the Province of Ontario and if any portion thereof is held invalid, the balance shall,
notwithstanding, continue in full legal force and effect. Notwithstanding the waiver of Claims as
set out above, the Participant (or the Participant’s parent/guardian, if applicable) agrees to file
any proceeding against the PSO in the Province of Ontario and further agrees that the
substantive law of the Province of Ontario will apply with regard to conflict of law rules
Acknowledgement
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. It is
further acknowledged that by signing this agreement the Participant (when 18 years old or
older) has waived the right to maintain a lawsuit against the PSO on the basis of any claims from
which they have released herein.
