ASSUMPTION OF RISK, RELEASE, WAIVER, CONSENT AND INDEMNITY
I hereby agree, in return for becoming a member of the Ontario Basketball Association (“OBA”) and my participation or the participation of the child named below in any practices, training, games, events, programs and/or activities organized, operated, conducted or sanctioned by OBA alone or with another organization (each an “OBA Program”):
• THAT THE World Health Organization has classified the Coronavirus Disease (“COVID-19”) outbreak as a global pandemic and I am aware of the risks of COVID-19, and the risks to personal health, including by the failure to follow physical distancing, flowing from COVID-19;
• THAT I AM assuming all health risks and adverse health related consequences, including without limitation COVID-19, to me and the child named below caused by or arising from engaging in any OBA Programs (the “Assumed Risks”);
• THAT OBA is implementing Return to Play Guidelines (“RTP Guidelines”) the most recent version of which will be posted from time to time on OBA’s website;
• THAT I AM aware of the RTP Guidelines, that I and the child named below will abide by the RTP Guidelines, and that the RTP Guidelines are subject to all federal, provincial and municipal laws, regulations, by-laws and orders as they may exist from time to time;
• TO RELEASE the OBA, event organization bodies, sanctioning bodies and OBA sponsors and their respective directors, officers, employees, agents, volunteers, contractors, representatives, successors or assigns (collectively the “Releasees”) from any liability for any loss, damage, injury or expense (collectively “Loss”) that I may suffer arising out of or connected with the Assumed Risks and/or the content or implementation of the RTP Guidelines and/or my participation in and transportation to or from any OBA Program, due to any cause, including negligence;
• TO WAIVE ANY CLAIM that I have or may have against any or all of the Releasees regarding any matter, including without limitation, any claim arising out of any OBA Program or implementation of the RTP Guidelines;
• TO INDEMNIFY THE RELEASEES from any and all claims, actions or Loss resulting in any way from my participation or participation of the child named below in any OBA Program or from implementation of the RTP Guidelines;
• THAT I am (or the child named below is) physically fit to participate in any OBA Programs; • THAT I am a legal guardian or custodial parent of the child named below;
• THAT the OBA is authorized to record personal information, images and audio recordings in any medium of the child named below or me at or in relation to any OBA Program for publicity and promotional purposes or regarding the implementation of the RTP Guidelines, and I hereby consent to the collection, use and disclosure of such personal information about me and/or the child named below;
• THAT OBA may use and disclose the information provided by me in relation to my application for membership to enable OBA to provide membership benefits to all OBA members.
• TO CONDUCT myself in accordance with the ‘Guidelines for Behavior’ at OBA sanctioned events, as set out at https://basketball.on.ca/about-us/policies-and-procedures/.
• TO COMPLY with the RTP Guidelines and its implementation and that any failure by me or the child named below to comply with the RTP Guidelines, the ‘Guidelines for Behavior’ or any other OBA rule or guideline may have consequences (including without limitation a withdrawal of permission to participate in an OBA Program or OBA Programs) and could jeopardize relevant insurance coverage.
• THIS DOCUMENT SHALL bind my heirs, executors, administrators, assigns and personal representatives and will have effect throughout my membership in the OBA and, to the extent reasonably necessary to give it effect, thereafter;