WAIVER RELEASE OF LIABILITY

ASSUMPTION OF RISK 

Participation in the activity(s) at Carleton University’s Recreation and Fitness Centre, carries with its certain inherent risks. I am aware that, while participating in the activity(s), I may be exposed to any manner of harm, injury, illness, death or property damage resulting from such risks, including but not limited to the following:

General:

• Loss or damage of personal property by any means including, but not limited to, theft, vandalism, fire, or water damage;
• Travel by motor vehicle, bus, traffic accidents, poor road conditions, watercraft, airplanes or any other means of transportation to, from, or during the activity(s).

NOTE: Please consult with your physician prior to participating in any physical activity(s) or using any equipment if you have any pre-existing conditions which may be affected by your participation in the activity(s).

 

Sporting Activities:

• All manner of muscular and skeletal injuries, bruises, scrapes, cuts, strains, sprains, leg cramps, dislocations, or bone injuries;
• Head, facial, dental and neurological injuries such as concussions and traumatic brain injuries (TBI);
• An increased load on the heart that may result in dizziness, shortness of breath, fainting, chest pain or discomfort, nausea, and in extreme circumstances may result in a heart attack;
• Being struck with projectiles;
• Falling against, impacting, entanglement or impairment on apparatus, equipment or other natural or man-made obstacles (visible or not visible), or against the ground, floors, walls or other surfaces;
• Contact with participants, officials, spectators, or other people or sustaining injuries arising from their actions;
• My participation and/or use of equipment beyond my own skills and abilities; and
• The use, misuse, failure or malfunctioning of equipment.

I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property damage or loss, resulting therefrom.

Covid-19 INFORMED CONSENT 

The Government of Ontario declared a province-wide state of emergency under The Emergency Management and Civil Protection Act on March 17, 2020 to protect the health and safety of all Ontarians and to reduce the spread of the novel coronavirus (or COVID-19).  COVID-19 is easily spread by contact with droplets produced by people who have the virus.

Carleton University (the University) has put in place measures to reduce the spread of COVID-19, however the University cannot guarantee that any individual attending the University Campus, using the University’s facilities, or participating in activities organized by the University, whether on-campus or off-campus including activities at Carleton University’s Recreation and Fitness Centre (collectively, the University Activities) will not become infected with COVID-19. Further, attending the University Campus and participating in the University Activities, could increase the risk of contracting COVID-19.

All participants in the University Activities are being asked to carefully review, confirm, and agree to the statements made below.

I have informed myself of the risks of COVID-19.  I knowingly, willingly, and voluntarily agree to participate in my University Activities during the COVID-19 pandemic, even though my participation could heighten the chances that I become infected with COVID-19.

I understand:

1. That COVID-19 has been declared a worldwide pandemic by the World Health Organization and that COVID-19 is extremely contagious and can spread by person to person contact.
2. That by participating in my University Activities I may become infected with COVID-19, which could result in the following: extended quarantine/self-isolation, additional tests, hospitalization that may require medical therapy/intervention, intensive care treatment, possible need for intubation/ventilator support, short-term or long-term intubation, other potential complications (including lung and heart complications) and the risk of death.
3. That COVID-19 might cause additional risks, some of which may not currently be known at this time.
4. These risks could cause me to incur medical and other expenses.

 

I certify that:

1. Neither I, nor anyone in my household, has travelled internationally in the past fourteen (14) days.
2. Neither I, nor anyone in my household, believes that they have been exposed to a person with a confirmed or suspected diagnosis of COVID-19.
3. Neither I, nor anyone in my household, has been diagnosed with COVID-19 within the past 2 months and/or is being directed by a health care provider to self-isolate.
4. Both I and the individuals in my household are following recommended guidelines as much as possible including, but not limited to: practicing social distancing by maintaining a separation of at least six (6) feet or two (2) metres from others who are not part of the household(s), engaging in proper handwashing, respecting inter-provincial travel recommendations, and otherwise limiting our exposure to COVID-19.
5. If my answers to any of the above statements change prior to me commencing my University Activities or during my University Activities, I will withdraw myself from the University Activities and inform the University by emailing ravens@carleton.ca

 

I further certify:

1. No one in my household(s) is experiencing any symptoms of illness, including symptoms that resemble a cold. Symptoms include, but are not limited to: cough, fever, shortness of breath or difficulty breathing, runny nose, stuffy nose, sore throat, painful swallowing, headache, chills, muscle or joint aches, feeling unwell in general, new fatigue or severe exhaustion, gastrointestinal symptoms (such as nausea, vomiting, diarrhea, or unexplained loss of appetite), loss of sense of smell or taste, or pink eye.
2. I understand that the list of symptoms noted above is constantly evolving, and I will make best efforts to monitor the most current information from the Government of Ontario at the following link before Using University Facilities or Participating in University Activities: https://www.ontario.ca/page/covid-19-stop-spread#section-0
3. I will not use University Facilities or Participate in University Activities if anyone in my household(s) is sick, even if the symptoms resemble a mild cold. If anyone in my household(s) is sick or symptomatic, I agree to not use University Facilities or Participate in University Activities and will inform the University by emailing ravens@carleton.ca
4. I have read and understand the risks of not conforming with the safety and hygiene protocols that have been adopted by the University, and are posted on   the   Government   of   Ontario’s   website   (https://www.ontario.ca/page/covid-19-stop-spread#section-0) in advance of using University Facilities or Participating in University Activities. I also understand that I must follow these safety and hygiene protocols

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

In consideration of Carleton University permitting my participation in the activity(s) of Athletic and Fitness Centre, I agree as follows:

1. TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against Carleton University and its members, officers, employees, students, agents, volunteers and independent contractors (all of whom are hereinafter collectively referred to as “the Releasees”);
2. TO RELEASE THE RELEASEES from any and all liability for any loss, damage, injury or expense that I may suffer, or that my next of kin may suffer as a result of my participation in the activity(s) of Athletic and Fitness Centre due to any cause whatsoever INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIER’S LIABILITY ACT, RSA 2000 c. 0-4 AS AMENDED ON THE PART OF THE RELEASEES;
3. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to the property of, or personal injury to, any third party, resulting from my participation in the activity(s) of Athletic and Fitness Centre; and
4. THAT if I am supplying my own equipment, I am responsible for ensuring that it is safe and well maintained and up to the requisite standards for the activity(s) in which I am participating. I understand that the Releasees accept no responsibility for any incidents or accidents occurring out of the use or misuse of my equipment.
5. This agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives in the event of my death or incapacity.
6. This Waiver shall be governed by and construed in accordance with the laws in force in the province of Ontario and the federal laws of Canada, as applicable. The courts of Ontario shall have exclusive jurisdiction over all claims, disputes and actions arising out of and related to this course/activity and this Waiver and the parties hereby attorn to the jurisdiction of Ontario courts.

In entering into this Agreement, I am not relying upon any oral or written representations or statements made by the Releasees, other than what is set forth in this Agreement.

I CONFIRM THAT I AM 18 YEARS OF AGE OR OLDER, THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT AND THAT I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE, WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS MAY HAVE AGAINST THE RELEASEES.