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Release of Liability, Waiver of Claims, and Assumption of Risks

WARNING: By accepting this waiver, you will waive certain legal rights, including the right to sue.
 

Please read carefully!

 
TO: Queen's University

ASSUMPTION OF RISK

I am aware that participation in Queen’s University Athletics and Recreation intramural program has many inherent risks including but not limited to:
  1. ABILITY TO PARTICIPATE: I acknowledge that light to vigorous exercise is involved in the recreation activity/program and that I am solely responsible for determining my level of participation in the activity. I acknowledge that Queen’s University recommends that I consult with a physician prior to engaging in any activities.
  2. INJURIES: spinal and neurological injuries, head injuries (including concussions), fractures, sprains, strains, contusions, dislocations, environmental related injuries (including heat and cold related illnesses), as well as injuries that may result from the administering of medical services by Queen's University medical staff (including prophylactic taping, assessment, rehabilitation, and emergency care).
  3. CONCUSSIONS: A concussion is the most common form of brain injury caused by an impact or forceful motion to the head or body that causes the brain to move inside the skull.
    • Concussions can occur in any organized or unorganized or recreational- related sport. They can result from a fall or from players colliding with each other or with obstacles even if they do not directly hit their head. Once the injury occurs, the brain is vulnerable to further injury and sensitive to any increased stress until it fully recovers.
    • Concussions can pose a serious health risk with short- and long-term consequences if not recognized and handled appropriately.
    • Proper management of a concussion can reduce the risk of complications. Individuals returning from a concussion must successfully follow “Return to Sport” protocols. “Return to Sport” protocols must include documented clearance by a physician before an individual returns to full contact/intensity participation in their activities.
    • Returning to full activity too soon may result in more severe symptoms or long-term problems. As well, returning to high-risk activities (contact sports, dangerous job duties) before full recovery and medical clearance can put an individual at risk of sustaining another concussion with more severe symptoms and a longer recovery period.
    • For more information on concussion education, identification and management please visit: A&R concussion information sheet 
  4. ILLNESS: the risk of bodily injury, illness and/or exposure to infectious diseases including but not limited to MRSA, influenza, COVID-19 and/or other communicable diseases, which cannot be eliminated notwithstanding the care and precautions taken by the University to mitigate against such risks. 
  5. WEATHER: environmental conditions (including lightning).
  6. EQUIPMENT: any manner of injury resulting from use, misuse, non-use and failure of any personal and/or Queen's University equipment.
  7. TERRAIN: any manner of injury resulting from falls on steep, icy, slippery or uneven terrain and playing surfaces.
COVID-19 
Queen’s University has put in place measures to reduce the spread of COVID-19, however the University cannot guarantee that any individual attending the University Campus, using the University’s facilities, or participating in activities organized by the University, whether on-campus or off-campus will not become infected with COVID-19.
I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property damage or loss that may result.  I understand that the risks referenced above are intended to be as broad and inclusive as possible and that if any portion of the above is found to be invalid according to the applicable laws of Canada, that the balance will nevertheless continue in full force and effect. 

IN CONSIDERATION OF Queen's University allowing me to use its Athletics & Recreation facilities, I agree as follows:
  1. TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against Queen's University, and its members, officers, directors, employees, students, agents, volunteers and independent contractors (all of whom are from this point referred to as "the Releasees") arising from or related to my use of the Athletics & Recreation facilities.
  2. TO RELEASE THE RELEASEES from any and all liability for any loss, damage, injury, illness, death or expense that I may suffer or that my next of kin or members of my household may suffer as a result of my use of the Athletics & Recreation facilities, including such loss, damage, injury, illness, death or expense that is caused by the negligence, breach of contract, or breach of any statutory or other duty of care (including any duty owed under the Occupier's Liability Act, RSO 1990 c O.2, as amended) on the part of the Releasees.
  3. To hold harmless and indemnify the Releasees from any and all liability, causes of action, claims, judgments, costs and expenses (including legal fees) that I, a member of my household(s), or any third party may suffer as a result of my use of the Athletics & Recreation facilities, including due to any act, omission, or negligence of the Releasees.
This Assumption of Risk and Liability Waiver shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives in the event of my death or incapacity.
In agreeing to this Assumption of Risk and Liability Waiver, I am not relying upon any oral or written representations or statements made by the Releasees, other than what is set forth in this Agreement.

I HAVE READ AND UNDERSTOOD THIS AGREEMENT. I AM AWARE THAT BY ACCEPTING THIS ASSUMPTION OF RISK AND LIABILITY WAIVER I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR, MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS MAY ON MY BEHALF, HAVE AGAINST THE RELEASEES.