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- I understand and acknowledge that
a) 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.
b) The Organization may offer or promote online programming (such as webinars, remote conferences, workshops, and online
training) which have different foreseeable and unforeseeable risks than in-person programming
c) The Organization has a difficult task to ensure safety and it is not infallible. The Organization may be unaware of my fitness or
abilities, may give incomplete warnings or instructions, and the equipment being used might malfunction
- I am participating voluntarily in the Activities. In consideration of my participation, I hereby acknowledge that I am aware of the risks,
dangers and hazards associated with or related to the Activities. I understand that the Organization may fail to safeguard or protect
me from the risks, dangers and hazards of the Activities, some of which are listed below. The risks, dangers and hazards include, but
are not limited to:
a) Health: executing strenuous and demanding physical techniques; physical exertion; overexertion; stretching; dehydration;
fatigue; cardiovascular workouts; rapid movements and stops; lack of fitness or conditioning; traumatic injury; sprains and
fractures, spinal cord injuries, bacterial infections; rashes; and the transmission of communicable diseases, including viruses of
all kinds, bacteria, parasites or other organisms or any mutation thereof
b) Premises: defective, dangerous or unsafe condition of the facilities; falls; collisions with objects, walls, equipment or persons;
dangerous, unsafe, or irregular conditions on the floor or other surfaces; and travel to and from the premises
c) Use of equipment: mechanical failure of the equipment; negligent design or manufacture of the equipment; the provision of or
the failure by the Organization to provide any warnings, directions, instructions or guidance as to the use of the equipment;
failure to wear safety or protective equipment; and failure to use or operate equipment within my own ability
d) Contact: contact with mats, participants, equipment, or other persons; and other contact that may lead to serious bodily injury,
including but not limited to concussions and/or other brain injury or serious spinal injury
e) Advice: negligent advice regarding the Activities
f) Ability: failing to act safely or within my own ability or within designated areas
g) Sport: the sport of judo and its inherent risks, including but not limited to striking participants and objects with parts of the body;
contact, colliding with or being struck by other participants; tumbling falling or being thrown to the floor; and striking, kicking,
punching or blocking participants and objects with parts of the body
h) Cyber: privacy breaches; hacking; and technology malfunction or damage
i) Conduct: my conduct and conduct of other persons including any physical altercation between participants
j) Travel: travel to and from the Activities
k) Negligence: my negligence and negligence of other persons, including NEGLIGENCE ON THE PART OF THE ORGANIZATION, which
may increase the risk of damage, loss, personal injury or death
- In consideration of the Organization allowing me to participate in the Activities, I agree:
a) That when I practice or train in my own space, I am responsible for my surroundings and the location and equipment that I
select
b) That my mental and physical condition is appropriate to participate in the Activities and I assume all risks related to my mental
and physical condition
c) To comply with the rules and regulations for participation in the Activities
d) To comply with the rules of the facility or equipment
e) That if I observe an unusual significant hazard or risk, I will remove myself from participation and bring my observations to a
representative of the Organization immediately
f) The risks associated with the Activities are increased when I am impaired and I will not to participate if impaired in any way
g) That it is my sole responsibility to assess whether any Activities are too difficult for me. By commencing an Activity, I
acknowledge and accept the suitability and conditions of the Activity
h) That I am responsible for my choice of safety or protective equipment and the secure fitting of that equipment
Release of Liability and Disclaimer
- In consideration of the Organization allowing me to participate, I agree:
a) That the sole responsibility for my safety remains with me
b) To ASSUME all risks arising out of, associated with or related to my participation
c) That I am not relying on any oral or written statements made by the Organization or its agents, whether in a brochure or
advertisement or in individual conversations, to agree to participate in the Activities
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 in the Activities
f) To FOREVER RELEASE and INDEMNIFY 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 in the Activities, 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
g) That the Organization is not responsible or liable for any damage to my vehicle, property, or equipment that may occur as a
result of the Activities
h) That negligence includes failure on the part of the Organization to take reasonable steps to safeguard or protect me from the
risks, dangers and hazards associated with the Activities
i) This release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by law of the Province of
Manitoba and if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect
Jurisdiction
- I agree that in the event that I file a lawsuit against the Organization, I will do so solely in the Province of Manitoba and further
agree that the substantive law of the Province of Manitoba will apply without regard to conflict of law rules.
