Gymnastics BC Release of Liability
GYMNASTICS BC RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter the "Release Agreement")
BY SIGNING THIS RELEASE AGREEMENT, YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF THE OCCUPIERS LIABILITY ACT OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT. PLEASE READ CAREFULLY!
TO: GYMNASTICS B.C. AND ALL MEMBER CLUBS and their respective directors, officers, employees, members, participants, coaches, volunteers, agents, independent contractors, subcontractors, representatives, successors, and all owners, operators or occupiers of the facilities in which the gymnastics activities, as defined below, take place (all of whom are hereinafter collectively referred to as the "Releasees").
DEFINITIONS
In this Release Agreement, the term "gymnastics activities" shall include all orientation, training, instruction, supervision, competitions, programs, services, and use of facilities and equipment which are organized, provided, controlled or conducted by the Releasees.
ASSUMPTION OF RISKS - Gymnastics activities involve various risks, dangers and hazards, which can result in serious injuries or death. These risks, dangers and hazards are reviewed in detail in the Gymnastics B.C. website at: https://gymbc.org/safety-and-riskmanagement/. Please take the time to learn about the risks, dangers and hazards of participating in gymnastics activities by carefully reviewing the Health and Safety, Assumption of Risks, and Risk Management sections of the Gymnastics B.C. website. Exposure to infectious disease including COVID-19 is one of the risks of participating in gymnastics activities. Specific information regarding the response of Gymnastics B.C. and member clubs to the COVID-19 pandemic is found in the Public Health section of the website. If you are a parent or guardian of a participant under the age of 19, please educate your child on these risks, dangers and hazards before completing this form. All participants in gymnastics activities are required to assume all such risks, dangers and hazards and all injuries resulting therefrom.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH GYMNASTIC ACTIVITIES AND 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.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT (applies to person 19 years of age and older) In consideration of THE RELEASEES allowing me to participate in gymnastics activities, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE RELEASEES and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer or that my next of kin may suffer as a result of my participation in gymnastics activities, 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 OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, c. 337, ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN GYMNASTICS ACTIVITIES;
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in gymnastics activities;
3. This Release 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;
4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of British Columbia and no other jurisdiction; and
5. Any litigation involving the parties to this Release Agreement shall be brought solely within British Columbia and shall be within the exclusive jurisdiction of the Courts of British Columbia.
In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of gymnastics activities, other than what is set forth in this Release Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
KG/FVG Gymnastics BC Participant Declaration of Compliance
Attention: All participants entering the facility must comply with this declaration.
By signing this document, I agree to follow club staff directives, and engage with all club requirements in KG's COVID-19 Safety Plan. Additionally, I hereby acknowledge and agree to respect the following information outlined in this document:
1) Sickness
a) I will stay home if I am unwell, or if someone in my household is unwell, or is displaying the following symptoms:
i) Fever and chills
ii) Cough
iii) Shortness of breath
iv) Sore throat and painful swallowing
v) Stuffy or runny nose
vi) Loss of sense of smell
vii) Headache
viii) Fatigue, etc.
b) I confirm that I have not knowingly been in contact with a person that has a confirmed or suspected case of COVID-19.
c) I agree to complete a routine daily screening process prior to entering my club.
d) I confirm that I have not traveled outside of Canada in the last 14 days. Additionally, I confirm that I have not been knowingly exposed to someone who has travelled outside of Canada in the last 14 days.
e) I acknowledge there are inherent risks associated with participating in activities. By attending club activities, I understand and assume all risks associated with potential exposure of COVID-19.
2) Personal hygiene:
a) I agree to follow all personal hygiene requirements set out by my club, including but not limited to: frequent hand-washing and sanitizing, coughing and sneezing into my sleeve, etc.
3) Physical distancing
a) I agree to practice safe social interactions, by maintaining a minimum distance of two meters between myself and others.
4) Environmental hygiene
a) I agree to adhere to all club cleaning requirements.
5) Physical modifications
a) I understand that equipment may be moved in order to facilitate safe social interactions and physical distancing.
Additionally, I understand and agree that if I do not adhere to the requirements set out by my club, I may be asked to leave the club activity in order to protect the health and safety of all involved.
This Participant Declaration of Compliance will remain in effect until GBC determines it is no longer required, based on viaSport, PHO, and WorkSafeBC requirements.
I also confirm that I have signed (Parent or Guardian if participant is under age 19) the Release of liability, waiver of claims, assumption of risks and indemnity agreement.
Assumption and Acknowledgment of Risks
I have read the guidelines and rules issued for Gymnastics BC and for the use of the Kelowna Gymnastix Inc. & Fraser Valley Gymnastix premises and equipment, which I understand, and I agree to be bound by them (to view the Gymnastics BC document
click here ). I further agree that: 1. The rules and guidelines governing the use of the premises and equipment are solely for that purpose, that is, for the use of gymnastics activities, and it remains my sole responsibility to act and govern myself and my dependents in such a manner as to be responsible for my own safety and for the safety of my dependents; 2. I am aware of the risks inherent in participating in gymnastics activities and the use of gymnastics premises, facilities and equipment and I assume the risks and waive notice of all conditions, dangers or otherwise relating to or arising out of such use.
Adult Release and Indemnity
I have read the guidelines and rules issued for Gymnastics BC and for the use of Kelowna Gymnastix Inc. & Fraser Valley Gymnastix premises and equipment, which I understand, and I agree to be bound by them. I agree to RELEASE, SAVE HARMLESS AND INDEMNIFY Kelowna Gymnastix Inc., Fraser Valley Gymnastix and/or their Agents from and against all claims, actions, costs and expenses and demands in respect to death, injury, loss or damage to my person or property wheresoever and howsoever caused , arising out of, or in connection with my use of the premises and equipment notwithstanding that the same may have been contributed to or occasioned by any act or failure to act, including, without limitation, negligence, of Kelowna Gymnastix, Fraser Valley Gymnastix and/or any one or more of its agents. I further agree and acknowledge that: 1. The rules and guidelines governing the use of the premises and equipment are solely for that purpose and it remains my sole responsibility to act and govern myself in such a manner as to be responsible for my own safety; 2. I am aware of the risks inherent in participating in gymnastics activities and the use of gymnastics premises, facilities and equipment and I assume the risks and waive notice of all conditions, dangers or otherwise relating to or arising out of such use. I further agree to HOLD HARMLESS AND INDEMNIFY Kelowna Gymnastix Inc., Fraser Valley Gymnastix and its agents from any and all actions, claims, demands, losses judgments or costs of any nature to any third party resulting from my use of the premises and equipment herein and I agree not to make any claims or take any proceedings against any other person, society, corporation or other legal entity who might claim contribution or indemnity from Kelowna Gymnastix Inc., Fraser Valley Gymnastix and/or its Agents in respect of matters which are the subject of this release. I agree that this Release shall bind my heirs, executors, administrators and assigns. I confirm that I am the full age of eighteen years and I have read this Release and understand it.
Medical Emergencies
In the event of an accident or emergency, I hereby authorize my child(ren) to be transported to a hospital for medical treatment and I hold Kelowna Gymnastix Inc., Fraser Valley Gymnastix and its representatives harmless in the execution of such. Additionally, I hereby agree to individually provide for all medical expenses which may be incurred by me or my child(ren) as a result of an injury sustained while participating at or for Kelowna Gymnastix Inc. & Fraser Valley Gymnastix.
Photo & Video Release
I hereby authorize any images or video footage taken of my child or myself, in whole or in part, individually or in conjunction with other images and video footage, to be displayed on the Kelowna Gymnastix/West Kelowna Gymnastix/Fraser Valley Gymnastix/Ambition Parkour websites and other official channels, and to be used for media purposes including promotional presentations and marketing campaigns. (Please contact us if you would prefer to opt out)
Payment/Cancellation Policies
Online payment is made by e-cheque or credit card (Visa or MC). NO VISA DEBIT CARDS ACCEPTED. Payment for first month's tuition fee, annual student registration fee ($15) and annual GBC membership fee (rec athletes= $47- K/WK, or $42-FVG) will be put through shortly after enrollment for new or recently inactive students. Cancellation in writing 1 month prior to the desired drop date is required to remove your child from classes. Following the second class no refunds will be given for that month of class. Minimum 2 months enrollment required. An NSF fee of $25 will be charged for declined credit card or e-cheque payments.
Please note that Visa debit cards are not supported in our system.
e-Payment Schedule
2021/2022 Payment Policy: You are agreeing to pay on a monthly basis with the option of e-cheque or credit card (1st of the month or 1st business day of the month) until the end of the gymnastics/parkour year (September 2021 - August 2022) unless 1 month written cancellation notice is given. Minimum two-month commitment required (after attending 2nd class).
Please note that Visa debit cards are not supported in our system.
