Waiver

Waiver & Release of Liability

By agreeing to this Waiver & Release of Liability (the “Agreement”), you acknowledge that you understand and accept the terms outlined below.

Agreement text
I, the undersigned acknowledge that I am signing this agreement in one or more of the following capacities:
A participant who is 18 years of age or older;
The parent or legal guardian of a participant under 18 years of age (the “Minor Participant”);
Team/Club Representative, including on behalf of team/club members;
Facility/Field Renter (individual or organization), including on behalf of participants during rental period;
An individual otherwise engaged by FTY LAB or accessing FTY LAB facilities
(collectively referred to as “Participants” and individually as “Participant”)
The Participant(s) wish(es) to participate, in one or more of the following: access to facilities, activities, programs, classes, rentals, leagues, camps, services, use of facilities, and events sponsored, organized, or hosted by FTY Lab Canada (“FTY LAB”), including but not limited to: games, tournaments, leagues, practices, training, personal training, dry land training, use of strength training and fitness conditioning equipment, machines and facilities, nutritional and dietary programs, orientational or instructional sessions or lessons, aerobic and anaerobic conditioning programs, camps and clinics, use of turf fields and rental spaces, field, team and club rentals, special events and recurring programming (collectively, the “Activities” and individually “Activity”). For greater certainty, the Activities include general athletic training, strength and conditioning programs, agility drills, speed training, fitness activities, performance assessments, technology-assisted training sessions, and any other sport or non-sport related programming conducted at FTY LAB.
I acknowledge that this agreement applies to all current and future participation in the Activities, unless expressly replaced by a subsequent written agreement signed by FTY LAB. I further acknowledge and agree that access to and presence within FTY LAB facilities, whether actively participating or not, is undertaken at my own risk
Disclaimer of Liability
I acknowledge and agree that FTY LAB, and its respective directors, officers, committee members, members, employees, coaches, volunteers, officials, participants, agents, independent contractors, subcontractors, sponsors, owners/operators of the facility in which the Activities take place, successors and assigns, and representatives (collectively, the “Organization”) is not responsible for any injury, property damage, expense, loss of income, damage or loss of any kind arising from participation in the Activities, however caused, including negligence on the part of the Organization.
Assumption of Risk
I understand and acknowledge that :
Participation in the Activities involves 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;
FTY LAB operates a high-performance training facility that incorporates advanced performance environment and technology systems, which include but are not limited to: electronic and smart training systems, sprint timing systems and speed tracking devices, rebound and ball return systems, sensor-based reaction systems, projection systems, wearable and non-wearable performance tracking devices, strength and conditioning equipment, turf systems, mounted or suspended devices, cabling, displays, structural supports, and related infrastructure.
I hereby acknowledge that I am aware of the risks, dangers and hazards associated with or related to the Activities which could result in damage, loss, serious physical injury, or death. The risks, dangers and hazards include, but are not limited to, injuries from:
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, bacterial infections, rashes, and the transmission of communicable diseases, including viruses of all kinds, COVID-19, bacteria, parasites or other organisms or any mutation thereof.
Premises: defective, dangerous or unsafe condition of the facilities; falls; collisions with objects, walls, equipment or persons; dangerous, unsafe, or irregular conditions on grass, turf or other surfaces, extreme weather conditions; travel to and from premises
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 use or operate the equipment within the Participant(s)’ own ability.
Contact: contact with soccer balls, other equipment, poles, stands, soccer equipment, nets, fences, or other persons, whether intentional or unintentional, is a common part of soccer programs, and may lead to serious bodily injury, including but not limited to concussions and/or other brain injury, or serious spinal injury.
Advice: negligent advice regarding soccer programs
Ability: failing to act safely or within my own ability or within designated areas
Sport: the game of soccer and its inherent risks
Conduct: my conduct and conduct of other persons including any physical altercation between soccer participants
Travel: travel to and from the Activities
Negligence: my negligence and negligence of other persons, including NEGLIGENCE ON the PART OF FTY LAB, may increase the risk of damage, loss, personal injury or death. I understand that the FTY LAB may fail to safeguard or protect me from the risks, dangers and hazards of soccer programs, some of which are referred to above.
Participation Terms and Responsibilities
I hereby agree:
That the Participant(s)’ mental and physical condition is appropriate to participate in the Activities, and I ASSUME ALL RISKS related to the Participant(s)’ mental or physical condition;
That when the Participant(s) practice(s) or train(s), I am responsible for the Participant(s)’ surroundings and the selected location and equipment;
To comply with the rules and regulations for participation in the Activities;
To comply with the rules of the facility or equipment;
To immediately remove the Participant(s) if unsafe conditions arise, and to immediately bring such to the attention of a FTY LAB representative;
Not to participate or have the Participant(s) participate if impaired in any way;
That it is my sole responsibility to assess whether any Activities are too difficult for the Participant(s). By commencing an Activity, I acknowledge and accept the suitability and conditions of the Activity; and
That protective equipment selection and secure fitting of that equipment is my responsibility.
If signing as a team or club representative, I confirm that I am authorized to bind the team, club, league or organization and its participants and shall ensure that all participants sign FTY LAB’s individual WAIVER agreements, if required by FTY LAB, prior to participation in any Activities. I assume responsibility for supervision and agree to comply with all FTY LAB facility rules and safety requirements. I agree to INDEMNIFY and hold harmless FTY LAB from claims arising out of the team’s use of the FTY LAB facilities. I acknowledge that in the event individual WAIVERS are not obtained, the Team/Club agrees to defend and INDEMNIFY FTY LAB from any claims brought by or on behalf of participants.
If signing as a renter (individual or organization booking FTY LAB facilities), I confirm that during the rental period, I shall exercise care, custody and control over the rented FTY LAB facilities and activities conducted therein. I acknowledge that FTY LAB does not provide supervision, instruction, officiating, medical services, or participant screening unless expressly agreed in writing. I further agree to assume full responsibility for all persons attending the FTY LAB rented premises, their conduct and safety, and to INDEMNIFY and hold harmless the Organization from all claims, damages and losses arising from or related to the rental period or use of FTY LAB facilities, including third party claims.
Release of Liability, Waiver and Indemnity
In consideration of FTY LAB allowing the Participant(s) to participate in the Activities, use its equipment and facilities, I agree:
That the sole responsibility for the Participant(s)’ safety remains with me;
To ASSUME ALL RISKS arising out of, associated with or related to participation;
That I am not relying on any oral or written statements made by the Organization, whether in a brochure or advertisement or in individual conversations, to agree to be involved in the Activities;
To WAIVE any and all claims that I may have now or in the future against the Organization;
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 participation in the activities, events and programs of FTY LAB;
To 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 participation in the Activities, even though such Claims may have been caused by any manner whatsoever, including but not limited to, the negligence of the Organization. This RELEASE applies to Claims for personal injury, death, property damage, or other loss sustained as a result of participation in the Activities;
TO HOLD HARMLESS AND INDEMNIFY the Organization from any and all liability for any damage, loss, expense or injury to any third party resulting from participation in the Activities;
That FTY LAB is not responsible or liable for any damage to my vehicle, property, or equipment that may occur as a result of the Activities;
That negligence includes failure on the part of FTY LAB to take reasonable steps to safeguard or protect me from the risks, dangers and hazards associated with the Activities; and
This RELEASE, WAIVER and INDEMNITY is intended to be as broad and inclusive as is permitted by law of the Province of Ontario and if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect.
Parent/Guardian Consent and Release (Required for Participants under 18 years of age)
If signing on behalf of the Minor Participant:
I confirm that I am the lawful parent or legal guardian of the Minor Participant;
I consent to the Minor Participant’s participation in all Activities;
On behalf of the Minor Participant, I ACCEPT and ASSUME ALL RISKS described herein, WAIVE all claims the Minor Participant may have against the Organization, RELEASE the Organization from any liability, AGREE to INDEMNIFY the Organization from any claims brought by or on behalf of the Minor Participant, and CONFIRM that I have full legal authority to sign this agreement and bind the Minor Participant.
Media Consent
I grant FTY LAB the unrestricted right to photograph, record, or film participation in the Activities. I authorize FTY LAB to use such media for promotional, commercial, advertising, educational, or marketing purposes in any format, including social media and digital platforms, without compensation. I acknowledge incidental inclusion in group recordings is permitted, and I WAIVE any rights to inspect or approve final materials produced by FTY LAB.
Consent to Use of Personal Information
I authorize the Organization to collect, use, store and disclose personal information provided to FTY LAB for the purposes of membership administration, billing and scheduling, receiving communications, emergency response and safety, program management, performance tracking, facility operations and any other related purposes described in the Organization’s privacy policy. I understand that I may withdraw such consent at any time by contacting the Organization’s management, who shall at such advise on the implications of such withdrawal. Personal information will be handled in accordance with applicable Ontario and Canadian privacy legislation.
Survival Clause
This agreement and the RELEASES, WAIVERS, INDEMNITIES and ASSUMPTIONS OF RISK contained herein shall survive termination of membership, rental, participation, or any other relationship with FTY LAB.
Governing Law and Severability
I acknowledge that this agreement is governed by the laws of the Province of Ontario, Canada. I further acknowledge that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
Acknowledgement
I acknowledge that I have read and understood this agreement, that I have executed this agreement voluntarily, and that this Agreement shall be binding upon the undersigned and, where applicable, the Minor Participant, and shall enure to the benefit of and be binding upon their respective heirs, executors, administrators, legal and personal representatives, successors and assigns, to the fullest extent permitted by law. I further acknowledge by signing this agreement I have WAIVED my right to maintain a lawsuit against FTY LAB on the basis of any claims from which I have RELEASED herein, and that terms of this agreement apply to all present and future participation at FTY LAB.
Signature *
Draw your signature with your mouse or finger.
FTY Lab Canada — Waiver & Release of Liability
Invoice: # · Service: Waiver
Participant
Role: STANDALONE
Full name:
Email:
Phone:
DOB:
Country:
Address:
Gender:
Marketing opt-in: No
Submitted at: — · Accepted electronically (checkbox).
Agreement text
I, the undersigned acknowledge that I am signing this agreement in one or more of the following capacities: A participant who is 18 years of age or older; The parent or legal guardian of a participant under 18 years of age (the “Minor Participant”); Team/Club Representative, including on behalf of team/club members; Facility/Field Renter (individual or organization), including on behalf of participants during rental period; An individual otherwise engaged by FTY LAB or accessing FTY LAB facilities (collectively referred to as “Participants” and individually as “Participant”) The Participant(s) wish(es) to participate, in one or more of the following: access to facilities, activities, programs, classes, rentals, leagues, camps, services, use of facilities, and events sponsored, organized, or hosted by FTY Lab Canada (“FTY LAB”), including but not limited to: games, tournaments, leagues, practices, training, personal training, dry land training, use of strength training and fitness conditioning equipment, machines and facilities, nutritional and dietary programs, orientational or instructional sessions or lessons, aerobic and anaerobic conditioning programs, camps and clinics, use of turf fields and rental spaces, field, team and club rentals, special events and recurring programming (collectively, the “Activities” and individually “Activity”). For greater certainty, the Activities include general athletic training, strength and conditioning programs, agility drills, speed training, fitness activities, performance assessments, technology-assisted training sessions, and any other sport or non-sport related programming conducted at FTY LAB. I acknowledge that this agreement applies to all current and future participation in the Activities, unless expressly replaced by a subsequent written agreement signed by FTY LAB. I further acknowledge and agree that access to and presence within FTY LAB facilities, whether actively participating or not, is undertaken at my own risk Disclaimer of Liability I acknowledge and agree that FTY LAB, and its respective directors, officers, committee members, members, employees, coaches, volunteers, officials, participants, agents, independent contractors, subcontractors, sponsors, owners/operators of the facility in which the Activities take place, successors and assigns, and representatives (collectively, the “Organization”) is not responsible for any injury, property damage, expense, loss of income, damage or loss of any kind arising from participation in the Activities, however caused, including negligence on the part of the Organization. Assumption of Risk I understand and acknowledge that : Participation in the Activities involves 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; FTY LAB operates a high-performance training facility that incorporates advanced performance environment and technology systems, which include but are not limited to: electronic and smart training systems, sprint timing systems and speed tracking devices, rebound and ball return systems, sensor-based reaction systems, projection systems, wearable and non-wearable performance tracking devices, strength and conditioning equipment, turf systems, mounted or suspended devices, cabling, displays, structural supports, and related infrastructure. I hereby acknowledge that I am aware of the risks, dangers and hazards associated with or related to the Activities which could result in damage, loss, serious physical injury, or death. The risks, dangers and hazards include, but are not limited to, injuries from: 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, bacterial infections, rashes, and the transmission of communicable diseases, including viruses of all kinds, COVID-19, bacteria, parasites or other organisms or any mutation thereof. Premises: defective, dangerous or unsafe condition of the facilities; falls; collisions with objects, walls, equipment or persons; dangerous, unsafe, or irregular conditions on grass, turf or other surfaces, extreme weather conditions; travel to and from premises 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 use or operate the equipment within the Participant(s)’ own ability. Contact: contact with soccer balls, other equipment, poles, stands, soccer equipment, nets, fences, or other persons, whether intentional or unintentional, is a common part of soccer programs, and may lead to serious bodily injury, including but not limited to concussions and/or other brain injury, or serious spinal injury. Advice: negligent advice regarding soccer programs Ability: failing to act safely or within my own ability or within designated areas Sport: the game of soccer and its inherent risks Conduct: my conduct and conduct of other persons including any physical altercation between soccer participants Travel: travel to and from the Activities Negligence: my negligence and negligence of other persons, including NEGLIGENCE ON the PART OF FTY LAB, may increase the risk of damage, loss, personal injury or death. I understand that the FTY LAB may fail to safeguard or protect me from the risks, dangers and hazards of soccer programs, some of which are referred to above. Participation Terms and Responsibilities I hereby agree: That the Participant(s)’ mental and physical condition is appropriate to participate in the Activities, and I ASSUME ALL RISKS related to the Participant(s)’ mental or physical condition; That when the Participant(s) practice(s) or train(s), I am responsible for the Participant(s)’ surroundings and the selected location and equipment; To comply with the rules and regulations for participation in the Activities; To comply with the rules of the facility or equipment; To immediately remove the Participant(s) if unsafe conditions arise, and to immediately bring such to the attention of a FTY LAB representative; Not to participate or have the Participant(s) participate if impaired in any way; That it is my sole responsibility to assess whether any Activities are too difficult for the Participant(s). By commencing an Activity, I acknowledge and accept the suitability and conditions of the Activity; and That protective equipment selection and secure fitting of that equipment is my responsibility. If signing as a team or club representative, I confirm that I am authorized to bind the team, club, league or organization and its participants and shall ensure that all participants sign FTY LAB’s individual WAIVER agreements, if required by FTY LAB, prior to participation in any Activities. I assume responsibility for supervision and agree to comply with all FTY LAB facility rules and safety requirements. I agree to INDEMNIFY and hold harmless FTY LAB from claims arising out of the team’s use of the FTY LAB facilities. I acknowledge that in the event individual WAIVERS are not obtained, the Team/Club agrees to defend and INDEMNIFY FTY LAB from any claims brought by or on behalf of participants. If signing as a renter (individual or organization booking FTY LAB facilities), I confirm that during the rental period, I shall exercise care, custody and control over the rented FTY LAB facilities and activities conducted therein. I acknowledge that FTY LAB does not provide supervision, instruction, officiating, medical services, or participant screening unless expressly agreed in writing. I further agree to assume full responsibility for all persons attending the FTY LAB rented premises, their conduct and safety, and to INDEMNIFY and hold harmless the Organization from all claims, damages and losses arising from or related to the rental period or use of FTY LAB facilities, including third party claims. Release of Liability, Waiver and Indemnity In consideration of FTY LAB allowing the Participant(s) to participate in the Activities, use its equipment and facilities, I agree: That the sole responsibility for the Participant(s)’ safety remains with me; To ASSUME ALL RISKS arising out of, associated with or related to participation; That I am not relying on any oral or written statements made by the Organization, whether in a brochure or advertisement or in individual conversations, to agree to be involved in the Activities; To WAIVE any and all claims that I may have now or in the future against the Organization; 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 participation in the activities, events and programs of FTY LAB; To 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 participation in the Activities, even though such Claims may have been caused by any manner whatsoever, including but not limited to, the negligence of the Organization. This RELEASE applies to Claims for personal injury, death, property damage, or other loss sustained as a result of participation in the Activities; TO HOLD HARMLESS AND INDEMNIFY the Organization from any and all liability for any damage, loss, expense or injury to any third party resulting from participation in the Activities; That FTY LAB is not responsible or liable for any damage to my vehicle, property, or equipment that may occur as a result of the Activities; That negligence includes failure on the part of FTY LAB to take reasonable steps to safeguard or protect me from the risks, dangers and hazards associated with the Activities; and This RELEASE, WAIVER and INDEMNITY is intended to be as broad and inclusive as is permitted by law of the Province of Ontario and if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect. Parent/Guardian Consent and Release (Required for Participants under 18 years of age) If signing on behalf of the Minor Participant: I confirm that I am the lawful parent or legal guardian of the Minor Participant; I consent to the Minor Participant’s participation in all Activities; On behalf of the Minor Participant, I ACCEPT and ASSUME ALL RISKS described herein, WAIVE all claims the Minor Participant may have against the Organization, RELEASE the Organization from any liability, AGREE to INDEMNIFY the Organization from any claims brought by or on behalf of the Minor Participant, and CONFIRM that I have full legal authority to sign this agreement and bind the Minor Participant. Media Consent I grant FTY LAB the unrestricted right to photograph, record, or film participation in the Activities. I authorize FTY LAB to use such media for promotional, commercial, advertising, educational, or marketing purposes in any format, including social media and digital platforms, without compensation. I acknowledge incidental inclusion in group recordings is permitted, and I WAIVE any rights to inspect or approve final materials produced by FTY LAB. Consent to Use of Personal Information I authorize the Organization to collect, use, store and disclose personal information provided to FTY LAB for the purposes of membership administration, billing and scheduling, receiving communications, emergency response and safety, program management, performance tracking, facility operations and any other related purposes described in the Organization’s privacy policy. I understand that I may withdraw such consent at any time by contacting the Organization’s management, who shall at such advise on the implications of such withdrawal. Personal information will be handled in accordance with applicable Ontario and Canadian privacy legislation. Survival Clause This agreement and the RELEASES, WAIVERS, INDEMNITIES and ASSUMPTIONS OF RISK contained herein shall survive termination of membership, rental, participation, or any other relationship with FTY LAB. Governing Law and Severability I acknowledge that this agreement is governed by the laws of the Province of Ontario, Canada. I further acknowledge that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect. Acknowledgement I acknowledge that I have read and understood this agreement, that I have executed this agreement voluntarily, and that this Agreement shall be binding upon the undersigned and, where applicable, the Minor Participant, and shall enure to the benefit of and be binding upon their respective heirs, executors, administrators, legal and personal representatives, successors and assigns, to the fullest extent permitted by law. I further acknowledge by signing this agreement I have WAIVED my right to maintain a lawsuit against FTY LAB on the basis of any claims from which I have RELEASED herein, and that terms of this agreement apply to all present and future participation at FTY LAB.