Birthday Parties

GYMNASTICS ONTARIO and High Flyers Gymnastics
INFORMED CONSENT AND ASSUMPTION OF RISK AGREEMENT
2020 - 2021

WARNING! PLEASE READ CAREFULLY
BY SIGNING THIS DOCUMENT, YOU WILL ASSUME CERTAIN RISKS AND RESPONSIBILITIES

 

1. This is a binding legal agreement. Clarify any questions or concerns before signing. As a participant in the sport of gymnastics and the spectating, orientation, instruction, activities, competitions, programs, and services of Gymnastics Ontario and High Flyers Gymnastics (collectively the “Activities”), the undersigned, being the Participant and the Participant’s Parent/Guardian (if Participant is under 18 years old), (collectively the “Parties”), acknowledge and agree to the terms outlined in this document.
2. Gymnastics Ontario, High Flyers Gymnastics, and their respective Directors, Officers, committee members, members, employees, coaches, volunteers, officials, participants, agents, sponsors, owners/operators of the facilities in which the Activities take place, and representatives (collectively the “Organization”).

 

Description and Acknowledgement of Risks

3. The Parties understand and acknowledge that:

• 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.
• 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.
• The Organization has a difficult task to ensure safety and it is not infallible. The Organization may be unaware of the Participant’s fitness or abilities, may give incomplete warnings or instructions, may misjudge weather or environmental conditions, and the equipment being used might malfunction.
• The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization and COVID-19 is contagious. The Organization has put in place preventative measures to reduce the spread of COVID-19; however, the Organization cannot guarantee that the Participant will not become infected with COVID-19. Further, participating in the Activities could increase the Participant’s risk of contracting COVID-19.

4. The Participant is participating voluntarily in the Activities. In consideration of that participation, the Parties hereby acknowledge that they are aware of the risks, dangers and hazards and may be exposed to such risks, dangers, and hazards. The risks, dangers and hazards include, but are not limited to:

• Privacy breaches, hacking, technology malfunction or damage.
• Executing strenuous and demanding physical techniques and exerting and stretching various muscle groups.
• Vigorous physical exertion, strenuous cardiovascular workouts, and rapid movements.
• The failure to properly use any piece of equipment or from the mechanical failure of any piece of equipment or apparatus.
• Failure to follow instructions or rules.
• Serious injury to virtually all bones, joints, ligaments, muscles, tendons, and other aspects of the Participant’s body or to the Participant’s general health and well-being.
• Abrasions, sprains, strains, fractures, or dislocations.
• Concussion or other head injuries, including but not limited to, closed head injury or blunt head trauma.
• Physical contact with other participants, spotters, spectators, equipment, and hazards.
• Collisions with walls, any gymnastics apparatus, floors, or mats.
• Falling, tumbling, or hitting any gymnastics apparatus, the floor, mats, or other surfaces.
• Failure to act safely or within the Participant’s ability or designated areas.
• Negligence of other persons, including other spectators, participants, or employees.
• Travel to and from competitive events and associated non-competitive events which are an integral part of the Activities.
• Contracting COVID-19 or any other contagious disease.

 

Terms

5. In consideration of the Organization allowing the Participant to participate in the Activities, the Parties agree:

• That when the Participant practices or trains in their own space, the Parties are responsible for the
• Participant’s surroundings and the location and equipment that is selected for the Participant.
• That the Participant’s mental and physical condition is appropriate to participate in the Activities and the Parties assume all risks related to the Participant’s mental and physical condition.
• That the Participant may experience anxiety while challenging themselves during the Activities.
• To comply with the rules and regulations for participation in the Activities.
• To comply with the rules of the facility or equipment.
• The risks associated with the Activities are increased when the Participant is impaired, and the Participant will not participate if impaired in any way.
• That COVID-19 is contagious in nature and the Participant may be exposed to, or infected by, COVID-19.

6. In consideration of the Organization allowing the Participant to participate, the Parties agree:

• That the Parties are not relying on any oral or written statements made by the Organization or their agents, whether in brochure or advertisement or in individual conversations, to agree to participate in the Activities.
• That the Organization is not responsible or liable for any damage to the Participant’s vehicle, property, or equipment that may occur as a result of the Activities; and
• That this Agreement 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.

Jurisdiction

7. The Parties agree that in the event that they file a lawsuit against the Organization, they agree to do so solely in the Province of Ontario

 

Acknowledgement

8. The Parties acknowledge that they have read this Agreement and understand it, that they have executed this Agreement voluntarily, and that this Agreement is to be binding upon themselves, their heirs, their spouses, parents, guardians, next of kin, executors, administrators and legal or personal representatives.

Minor Waiver/Release

RELEASE OF LIABILITY FOR PARTICIPANTS  -  READ BEFORE SIGNING

* I understand and agree that HIGH FLYERS GYMNASTICS Inc. has tried to create a safe and controlled environment for safe participation and that it has established rules for participation on and about the gymnastics area that must be followed by the participant. * I understand and agree that failure to comply with any such rules may result in removal from the gym. HIGH FLYERS GYMNASTICS Inc. reserves the right, at its absolute discretion, to remove a participant from the gym and/or property for the failure to adhere to any rule without refund or other recourse accruing to such participant. * I understand and agree to abide by all "Gym Rules" including (but not limited to) those described below:

• 1. The Supervising Coach IS in charge and has full authority over all participants.
• 2. NO HORSEPLAY ALLOWED. The Supervising Coach has the authority to refuse or expel anyone.
• 3. All accidents/incidents must be reported to the Supervising Coach.
• 4. All equipment must be returned to its original place by the user.
• 5. One at a time on the trampoline. No flips or “head-first” or prone entries into the pit (no head or prone falls). “Feet-first” ONLY.
• 6. Any skill which is unfamiliar to a person cannot be performed.
• 7. No dress shoes, boots or dirty runners allowed on the gym floor. No socks on beam.
• 8. No smoking or alcohol is allowed. Anybody appearing to be impaired will be immediately expelled.
• 9. No jewelry allowed (long earrings, bracelets, rings, watches).
• 10. No shouting, swearing or rude language.
• 11. Long hair must be tied back.
• 12. No jeans or ripped pieces of clothing allowed.
• 13. No gum, candy, food or drink allowed past the viewing area.
• 14. When and if required, the Supervising Coach will implement the Emergency Policy and Procedures.
• 15. No loose objects allowed on trampoline (i.e balls, hoops etc…)
• 16. Swinging on rings is NOT allowed.
• 17. Rope climbing can be done only if a crash mat is placed under the rope.
• 18. Use of the equipment is strictly forbidden without the proper supervision of a qualified HIGH FLYERS GYMNASTICS Inc. coach.

* I understand and agree that I, and my child, must abide by any additional “Gym Rules” which may be posted in the gym, dictated, published and/or circulated from time to time. * I acknowledge that gymnastics and other activities offered at HIGH FLYERS GYMNASTICS Inc., may involve a certain element of risk, which may result in bodily injury (including the risk of severe or fatal injury) to myself or my child/ward. * I also acknowledge that gymnastics may require the Coach to perform some manual spotting which involves direct physical contact and is designed to assist the participant in the safe performance of the program skills. * I understand that HIGH FLYERS GYMNASTICS Inc will provide a free trial class if requested and no refunds will be issued after 1 week only credit note may be given. * I confirm that I, or my child, am/is fit to participate in gymnastics and I am unaware of any physical or mental condition or impediment, which would prevent or hinder myself or my child from participating safely in the programs at HIGH FLYERS GYMNASTICS Inc. * I confirm that I have accurately reported and disclosed any medical information (physical and mental) to HIGH FLYERS GYMNASTICS Inc., which is necessary for the proper gymnastics involvement and care of the above-mentioned child/person. * I hereby authorize basic first aid to be delivered to myself or my child by HIGH FLYERS GYMNASTICS Inc. or other authorities. By administering basic first aid when required or requested, HIGH FLYERS GYMNASTICS Inc. in no way warrants or assumes any liability in relation to the administration of such basic first aid. * I understand and agree that, in the case of an emergency HIGH FLYERS GYMNASTICS Inc. assumes no responsibility or obligations relative to any cost or expense related to carrying out any emergency procedures and/or emergency transportation for myself or my child. * I understand and agree that a portion of the registration fee to HIGH FLYERS GYMNASTICS Inc. is paid to the Ontario Gymnastics Federation (O.G.F.) and is allocated to the annual O.G.F. General Liability Insurance Policy should an injury/accident occur, while a participant at HIGH FLYERS GYMNASTICS Inc. This cost is compulsory cannot be waived. In consideration of your acceptance of my participation and/or of my child’s participation I, intending to be legally bound, do hereby, for myself and/or my child, heirs, executors and administrators waive the right to sue and release forever and discharge any and all rights and claims for losses, damages and/or injuries which I and/or my child may have or may hereafter accrue against HIGH FLYERS GYMNASTICS Inc., or their respective officers, agents, representatives, employees, volunteers, officials, sponsors, directors, agents, coaches, instructors or independent contractors and/or assigns for any losses, damages and injuries which may be sustained and suffered by me and/or my child in connection with our association with or entry in the above athletic activity or which may arise out of our participating in said athletic activity.  

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