HAMILTON SPORT AND SOCIAL CLUB
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
WARNING! By signing this document you will waive certain legal rights. Please read carefully.
1. This is a binding legal agreement; therefore clarify any questions or concerns before executing. As a participant with Portolite Inc. o/a as Toronto Central Sport & Social Club, Toronto Sport & Social Club, York Region Sport & Social Club, Hamilton Sport & Social Club, Mississauga Sport & Social Club, Sudbury Sport & Social Club (hereinafter the "TSSC") and its offered or associated events, programs, travels and activities (collectively the "Events"), I acknowledge and agree to the following terms:
2. I am at least 19 years of age or older.
3. TSSC and its directors, officers, committee members, shareholders, members, employees, volunteers, participants, contractor, agents and representatives (collectively the "Organization") are not responsible for any injury, personal injury, death, damage, property damage, expense, loss of income or loss of any kind suffered by me during, or as a result of, the Events, participating in the Events, use of equipment or facilities, the acts of others, the unavailability of emergency medical care, or caused in any manner whatsoever including, but not limited to, the negligence of the Organization.
Description of Risks
4. I am participating voluntarily with the Organization and in the Events. In consideration of my participation, I hereby acknowledge that I am aware of the risks, dangers and hazards associated with or related to the Organization and its Events. The risks, dangers and hazards include, but are not limited to, injuries from:
a) Indoor and/or outdoor social and sport activities
b) Using any equipment or services provided by the Organization, including, but not limited to, sports such as: Amazing Races, Australian Rules Football, Ball Hockey, Basketball, Badminton, Benchball, Bowling, Canoeing, Corporate Events, Curling, Dance Classes, Dodgeball, Dragon Boating, Endball, European Team Handball, Fitness Classes, Flag Football, Floor Hockey, Gaelic Football, Golf Lessons, Handoccer, Ice Hockey, Inner Tube Water Polo, Kayaking, Kickball, King’s Court, Lacrosse, Lawn Bowling, Mixed-Martial Arts, Multi-Sport Programs (All Sorts of Sports), Paddling, Paintball, Pilates, Ping Pong, Rock Climbing, Rowing, Rugby Basketball, Running, Sailing, Scavenger Hunts, Self Defense, Soccer, Social Events, Softball, Spinning Classes, Squash, Stand Up Paddle Boarding, Tennis, Touch Football, Touch Rugby, Ultimate Frisbee, Urban Adventures Events, Volleyball, Water Polo, Yoga.
5. The risks, dangers, and hazards also include, but are not limited to, injuries from:
a) Failing to comply with the rules established for participation
b) Bad weather conditions including hypothermia, sunstroke, or dehydration
c) Vigorous physical exertion and rapid movements
d) Failing to remain within designated areas
e) Failure to properly use any piece of equipment or from the mechanical failure of any piece of equipment
f) Contact, colliding, falling or being struck by other participants or equipment
g) Travel to and from the Events
Good Health/Prerequisite Skills and Training
6. I acknowledge and agree that I have the requisite skills, qualifications, physical abilities, and training necessary for proper and safe use of the equipment and facilities and to participate in the Events. I acknowledge and agree that if I have any questions as to what skills, qualifications or training is necessary to properly use the equipment, facility, or to participate in the Event, I will direct such questions to the Organization. I further acknowledge and agree that any questions relating to my physical ability to properly use the equipment, facility, or to participate in the Event will be determined by me in consultation with my physician, and I shall not rely on any statements or omissions from the Organization. If I believe the conditions of an Event to be unsafe, I will immediately discontinue further participation.
Release of Liability and Disclaimer
7. In consideration of the Organization allowing me to participate in the Events, to use its equipment and permitting me the use of its facilities, I agree:
a) That the sole responsibility for my safety remains with me;
b) I will remove myself from participation if I sense or observe any unusual hazard or unsafe condition; or feel unable or unfit to safely continue;
c) To ASSUME all risks arising out of, associated with or related to, my participation;
d) To WAIVE any and all claims that I may have now or in the future against the Organization;
e) To freely ACCEPT AND FULLY ASSUME all such risks and possibility of personal injury, death, property damage, expense and related loss, including loss of income, resulting from my participation with the Organization or in the Events; and
f) To FOREVER RELEASE the Organization 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 I have or may have in the future, that might arise out of, result from, or relate to my participation with the Organization or the Events, my presence at any facilities, the events, activities or programs of the Organization, and/or my traveling to or from the Organization or the Events, even though such Claims may have been caused by any manner whatsoever, including but not limited to, the negligence, gross negligence, negligent rescue, omissions, carelessness, breach of contract and/or breach of any statutory duty of care of the Organization, or any breach under the Occupier's Liability Act, as amended.
1. I grant permission to the TSSC to photograph and/or record my image and/or voice on still or motion picture film and/or audio tape, and to use this material to promote the TSSC through the media of newsletters, websites, television, film, radio, print and/or display form. I waive any claim to remuneration for use of audio/visual materials used for these purposes. I understand that I may withdraw such consent at any time by contacting the TSSC. The TSSC will advise the implications of such withdrawal.
Consent for Use of Personal Information and Photo Release
2. I authorize the TSSC to collect and use personal information about me for the purpose of receiving communications (newsletters, publications, announcements, invitations and other news or information) from the Toronto Sport and Social Club and posting articles of interest, newsletters, promotions, statistics, images and results on the TSSC's website. This consent is in compliance with the Personal Information Protection and Electronic Documents Act. I understand that I may withdraw such consent at any time by contacting theTSSC's Privacy Officer. The Privacy Officer will advise the implications of such withdrawal.
*We do not sell or distribute your personal information to any other third party not listed herein.*
Acceptance of Terms and Conditions
In consideration of my acceptance in the TSSC, I agree as follows:
Policies and Procedures
A. I am aware of and acknowledge reading and knowing all of the policies and procedures relating to the TSSC activities, facilities, and/or equipment as located at http://www.mississaugassc.com/rules/ (hereinafter "Policies and Procedures") and understand that the safe and proper use of the facilities, equipment or participation in the activity is dependent upon carefully following such Policies and Procedures.
B. To abide by the Policies and Procedures of the TSSC.
C. That the TSSC reserves the right to revoke my registration at any time for any reason.
Sportsmanship and Fair Play
D. I have read, understood and will abide by the rules of my sport as outlined by TSSC.
E. I understand that I am responsible to call my own fouls. I will not wait for my opponent or the Event Coordinator (if present) to make that decision.
F. I understand that if it is reported by the Event Coordinator or an opponent that I have behaved in an unsporting manner or have not played by the Policies, Procedures or rules, that I could be suspended or ejected from the TSSC, with no refund.
G. I understand that my team captain is the only person who can approach the Event Coordinator or the opposing captain regarding concerns surrounding the game. It is my responsibility to let my captain know my concerns so she/he can deal with the matter.
H. TSSC attempts to ensure that all venues are safe and suitable for play. The majority of TSSC games are self-officiated and thus a Toronto Sport and Social Club representative is often not present at games. Therefore, it is the responsibility of the captains and all participants to inspect the playing area prior to playing their game to ensure it is safe for play and to make their OWN decision regarding personal safety in terms of a scheduled venue, playing style and transportation to a TSSC league/event.
I. I accept sole responsibility for my personal possessions and athletic equipment.
J. That all information provided to the TSSC is accurate and correct.
1. I acknowledge that I have read and understand this agreement, that I have executed this agreement voluntarily, and that this agreement is to be binding upon myself and my heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legal or personal representatives.
2. By clicking the "I understand and agree" button, I agree to be bound this Legal Agreement.
1) General Policy:
- All leagues are played first and foremost for fun
- Get to know our General Policies
- SSC Venues: Sport and Social Club attempts to ensure that all venues are safe and suitable for play. The majority of games are self-officiated and thus a league representative is often not present at games. Therefore, it is the responsibility of the captains and all participants to inspect the playing area prior to playing their game to ensure it is safe for play and to make their OWN decision regarding personal safety in terms of a scheduled venue, playing style and transportation to a Sport and Social Club league/event. If captains/participants/teams decide a venue is unsafe for play and thus not to play at the scheduled venue at the scheduled time for personal safety reasons, please contact the SSC office to discuss alternate arrangements and/or rescheduling of the game in question.
- Foul Weather Policy: Sport and Social Club has a detailed policy with what happens during foul weather for both indoor and outdoor leagues. Please read it by clicking here so that you are clear on what occurs during inclement weather situations.
2) Sport Specific Rules:
- Read your sports rules and bring a copy to your games: It is your job to know them.
3) Communication, Email and Website:
- Please safe list (if possible) firstname.lastname@example.org, email@example.com, and firstname.lastname@example.org
- The Chalkboard, our E-Newsletter, is sent bi-weekly. You may unsubscribe from this, but you will still receive information regarding any schedule changes via email.
- Bookmark your profile page at our website! From here you can access rules, policy, schedules, rosters, standings, and report scores, communicate with you teammates, and use our web forum.
4) Spirit Points:
- After each game, your team will rank your opposition on their "spirit level" on a scale from 0 to 5 (0 being the lowest, 5 being the highest).
- Spirit points count toward 25% of you team's overall standings.
- Spirit points are not effective unless you provide accurate scores to us. We cannot deal with disciplinary issues unless they are reported to us.
- Spirit points are not used in any programs that are officiated (men's basketball, men's ice hockey, and women's ice hockey).
- If you wish to submit a formal complaint against your opponents (whether it be the full team or specific players), you must fill out an incident report form when you submit your score online. Teams/players will not be contacted regarding their behaviour unless we receive a formal complaint. To become familiar with our discipline policies click here.
- We monitor teams that consistently RECEIVE low Spirit Points in order to take corrective action on repeat offenders. We also monitor teams that consistently GIVE low spirit scores to ensure that teams are not abusing the system.
- Spirit points are designed to be subjective - however 90% of teams receive an average spirit score of 4.0 or better. Low spirit teams are asked to leave the leagues. This system works! Please check out the Suggested Guideline for Spirit Points.
- Sanctioned members are only those people who have profiles with the Sport and Social Club website.
- Creating a user profile involves completing our release form.
- Team captains and individual registrants will already have approved the waiver by registering using their user profiles.
- Team members and substitutes must be sent an invitation from the Team Builder page by the team captain to join a team and complete the acceptance process.
- Team captains should note that if someone is listed on their team roster then they have completed a waiver.
- If any players have not signed a waiver with Sport and Social Club, the team will default the game.
- Teams that fail to comply with this policy may be ejected from the league without refund.
6) Venues: One of our largest challenges is finding and maintaining new sports venues for you. As such, we demand that you show the utmost respect for the places you play.
- Please do not urinate in inappropriate spaces (mainly outdoor venues). As odd as this may seem, this kind of behaviour nearly lost members a key location in the past. The team or teams responsible for the loss of a permit or facility will be removed from the league without refund. The league may be cancelled if alternate facilities are not available.
- Drinking of alcoholic beverages at facilities/venues by players or spectators (indoor or outdoor) is strictly forbidden. Offenders will be asked to leave the league without refund: no exceptions! Any team involved with any incident that results in the loss of a permit, facility, location or field will be expelled from the league without refund. The league may be cancelled if alternate facilities are not available.
- Please pick up your trash, water bottles, clothing and other belongings prior to leaving any venue. Make sure to return any benches or equipment to their original positions.
- Please leave all school gymnasiums IMMEDIATELY after your game, especially if you are in the last time slot. If you leave late, we will lose the permit. The team or teams responsible for the loss of a permit or facility will be removed from the league without refund. The league may be cancelled if alternate facilities are not available.
- Please wear non-marking soled footwear for gym leagues.
- Please remove outdoor footwear prior to entering the gym at any given venue. Leave wet footwear outside the gym or in a plastic bag to prevent water from ruining the playing surface. Occurrences of this may result in the loss of a permit or facility. This is especially crucial during periods of wet and snowy weather. The team or teams responsible for the loss of a permit or facility will be removed from the league without refund. The league may be cancelled if alternate facilities are not available.
- Please do not become confrontational with custodians, school staff or officials or other user groups or people from the general public in the event of permit conflicts. Contact us if you encounter a permit conflict at a venue.
7) Medical Issues:
- All team captains are advised to carry a list of emergency contact numbers for players on their team. In the event of an injury/emergency, these numbers can be utilized to notify the player's family in cases where medical treatment/attention is required.
- Captains are also advised to include a list of hospitals with emergency room service on this page. It will take the guesswork out of situations that are stressful and time sensitive. Click here to find a list of local hospitals.
- First aid is the responsibility of the team captain. Ice packs, band aids, tensors and athletic tape are all things which can be used in the event of minor scrapes and bruises. If a club representative is on hand when there is an injury, we will be happy to assist in any way we can. We are not, however, responsible for providing tape for bad ankles, fingers etc. There may be a first-aid kit on-site at some venues, but please be prepared for all situations.
- Injuries that occur at games which require medical attention must be reported. This can be completed at the Team Profile page.
8) Reporting Scores:
- Opposing team captains must agree upon the result and score of the game before leaving the venue.
- SSC will not resolve score discrepancies: it is up to you to know the result of your games.
- Team captains are responsible for reporting scores and spirit points no later than 2:00 p.m. two (2) business days after each match. Score reporting is completed online by captains or co-captains in their user profiles. The online reporting tool will include game scores, spirit scores, incident reporting and will display box scores for each game once both captains have completed the process. Any and all discrepancies with the posted results must be cleared up within 3 business days of the posting date.
- Please report any technical problems with score reporting to email@example.com.
9) SCHEDULE CHANGES:
- They happen and can occur with short notice.
- They are usually beyond our control.
- SSC is in weekly phone and face-to-face contact with its facility providers; however, problems with venues will occur from time to time. With indoor leagues that occur at public school facilities, it is often a communication gap between the school staff and the permit office that results in double bookings etc. Please understand that SSC never knowingly sends its members into a double booked facility.
- Your original schedule may change with regard to game time and venue.
- In the event of a last minute schedule change, all team captains and "individual" registrants will be emailed and/or called. Captains of teams whose games have been altered within 48 hours of revision date will be contacted by email and phone. Changes made outside of 48 hours will be updated on the website. All changes will always be reflected on the website. Please ensure that you check the web on the day of your game to ensure that you have the most up-to-date information. Please note: refunds are not provided due to last minute schedule changes or cancellations.
- No refunds due to defaulted, cancelled, rescheduled games or injuries. Read about our refund policy here.
11) Customer Service:
- We are always happy to hear from you. Please call or email with your concerns, questions or problems. Remember, we can only help you if you bring your concerns to our attention. We strive to make our members happy. It is easier for us to accomplish this when we find out about problems or concerns when they arise. There is little we can do if you raise them at the end of the season.
- Email: firstname.lastname@example.org.
- Phone: 1-866-921-GAME (4263)
- After hours HELP Line: If you are having problems at a facility (locked door, missing equipment, unreasonable caretakers) for Sport & Social Club you can call 416-768-HELP (4357).
12) Corporate Partners & Deals For You: After completing this WAIVER FORM, you are a fully sanctioned member. As such, you are automatically entitled to all member benefits.