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register now for fall & winter programs, space limited!
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By Submitting 'yes' in the field " if you agree to the parental release waiver, cancellation and refund policy participant agreement", you agree to all of the following:
Diego Maradona Soccer Academy Parental Release Waiver, cancellation & refund policy
Participant Agreement
Throughout this Diego Maradona Soccer Academy Parental Release Waiver, Cancellation & Refund Policy Participant Agreement below the term ‘Diego Maradona Soccer Academy Training Program’ will refer to all Diego Maradona Soccer Academy Training Programs and any games or participation in leagues or tournaments 'Copa Maradona' offered including but not limited to (Fall/Winter Training Programs, Spring Training Programs, Summer Week Camp Training Programs, Private Training Programs, Team Training Programs, March Break Training Programs, Indoor League Games, Outdoor League games, DMSA hosted Tournaments 'Copa Maradona'etc.)
I, as parent or guardian, give my consent to give the prescribed and/or over-the-counter medication(s) listed in the registration form to my child during the Diego Maradona Soccer Academy Training program, in the dosage and schedule given/provided.
The parent or guardian should give the medication(s) to authorized program personnel in a sealed plastic bag with sufficient instructions in regards to dosage, schedule of administration, and any other pertinent information. Diego Maradona Soccer Academy staff will not be responsible for administering any medication requiring special training or nursing skills, such as injections for diabetes or allergies. Admissions staff should be notified of any special medical needs to determine if the prospective participant can be accepted into the Diego Maradona Soccer Academy Training program. Participants with contagious medical conditions will not be permitted to attend Diego Maradona Soccer Academy Training programs.
Please, confirm your acceptance of this Participant Agreement, as parent or guardian, accept this agreement: by clicking on the 'I have read and I accept Waiver' check box on the sign-up registration form.
By clicking the 'I have read and I accept Waiver' check box on the sign-up registration form, you agree to all of the following terms and conditions pursuant to which The Diego Maradona Soccer Academy shall provide during training described in the accompanying information, registration and below. These terms and conditions apply to the Diego Maradona Soccer Academy named on the Registration Form and Payment Form and the Training program for this Diego Maradona Soccer Academy. By execution of this Participant Agreement, you are acknowledging limiting terms and conditions waiving certain rights at law that otherwise might be available to you.
Registering: A completed payment fee per participant, depending on the Diego Maradona Soccer Academy Training program chosen (except when otherwise noted in writing by us) and a completed Registration Form are required with this Participant Agreement to reserve space at the Diego Maradona Soccer Academy. All prices are in Canadian Dollars, you are solely responsible for any Diego Maradona Soccer Academy related costs that you incur.
Client Cancellation & Refund Policy: If you choose to cancel your reservation, we must receive written notice of said cancellation either via certified mail, overnight courier, or e-mail sent to diegomaradonasoccer@hotmail.com (with confirmation of receipt thereof from us), and you shall be subject to the following cancellation fee schedule: If we receive a written notice prior 90 days of the Diego Maradona Soccer Academy Training program date, we will retain $95.00 as a compensation for the registration expenses. If we receive a written notice between 90-60 days of the starting date, we will retain 50% of the payment fee paid. If we receive a written notice of cancelation within 60 days of the Diego Maradona Soccer Academy starting date, there will be no refunds of the amount paid for the Diego Maradona Soccer Academy Training Programs. If the participant simply does not show up to the Diego Maradona Soccer Academy Training Program, there will be no refunds for the amount paid or equipment given/provided to participant.
Cancellation or Substitution: We may cancel any Diego Maradona Soccer Academy Training Program at any time for any reason, including without limitation if we deem the number of participants signed up for a given Diego Maradona Soccer Academy Training Program to be insufficient to operate such Diego Maradona Soccer Academy Training Program. We will make commercially reasonable efforts to keep the schedule as it has been published; however, the final schedule may vary due to factors beyond our control. We may in our sole discretion substitute services or goods of similar quality for any service or good stated in the schedule. If the Diego Maradona Soccer Academy is cancelled, our liability is limited to a full refund of your deposits and Diego Maradona Soccer Academy Training Program Price, and we will not be liable for any other costs, damages, or refunds of any kind for any loss, delay, inconvenience, disappointment, or expense whatsoever in such circumstances. If for reasons beyond our control, for weather, rain, wet fields, or the City of Vaughan does not permit us to use the fields etc. there will be no refund given for each Diego Maradona Soccer Academy Training Program day missed and that day will not be made up outside on a field in the future.
Certification of Participants Health: Responsibility to Inform Operator of Disabilities: By signing below and/or tendering any portion of the Diego Maradona Soccer Academy Price to us, I certify that the participant does not have any condition or disability that would create a hazard for you or others participating in the Diego Maradona Soccer Academy Activities (as hereinafter defined). I agree to inform you via certified mail or e-mail sent to diegomaradonasoccer@hotmail.com (with confirmation of receipt thereof from you) at the time I tender payment of the Diego Maradona Soccer Academy Fee (or at such later time when I become aware of such a condition) of any existing physical or mental illness, disability, or any other condition for which the participant may require medical attention or special accommodation during the Diego Maradona Soccer Academy. We make no guarantee to be able to accommodate the participant for such condition during the Diego Maradona Soccer Academy Training Programs. The Diego Maradona Soccer Academy does not provide health insurance coverage for any players/participants. When asking for participants health card number this will only be used in the case of an emergency. Should any Diego Maradona Soccer Academy staff member or representative feel an ambulance needed to be called the cost of the ambulance and any health procedures or costs incurred (ie. cast, xrays etc.) will not be covered by the Diego Maradona Soccer Academy but instead the sole responsibility of the registrants/participants parent(s) or guardian.
Athletics Release: I hereby acknowledge that playing or practicing soccer is a potentially hazardous activity. I agree that the participant is voluntarily entering and assuming all risks associated with participating in those activities, including but not limited to falls, contacts with other participants, the effects of weather including heat and or humidity, and the conditions of the training grounds and facilities, all risks being understood and appreciated by me. Having read this waiver, and knowing these facts, and in consideration of the Diego Maradona Soccer Academy am in acceptance of this application, I hereby waive and release the Diego Maradona Soccer Academy and its officers, directors, agents, contractors, employees, instructors, trainers, volunteers, members, representatives and all affiliated and related companies from all claims and liabilities of any kind arising out of the participants involvement in soccer playing, practicing, or training, while registered as a participant and participating in any and all Diego Maradona Soccer Academy sanctioned activities, events, practice sessions or social activities at any location (notwithstanding the location where the participant originally registered) (all hereafter collectively referred to as Diego Maradona Soccer Academy Activities), including injury, loss or damage which might be caused by the negligence of the Diego Maradona Soccer Academy. The participant acknowledges that he/she is aware of the possible risks, dangers and hazards associated with participation in Diego Maradona Soccer Academy Activities, including all manner of injuries resulting in muscular injuries and soft tissue injuries including bruises, scrapes, cuts, etc., from executing strenuous and demanding physical techniques, collisions with the wall, floor, ground contact with other participants or equipment used by other participants (including ropes, weights and pads) and failure in proper use of the equipment or techniques either by the participant or other participants; and the possible risk of severe or fatal injury to the participant or others. The participant acknowledges that the participants risk of injury increases as the participant becomes fatigued. The participant further acknowledges that such risks may be caused by the participants own actions or inactions, the action or inactions of others participating in Diego Maradona Soccer Academy Activities, the condition in which the Diego Maradona Soccer Academy Activities take place, or the negligence of the Diego Maradona Soccer Academy. The participant acknowledges that there may be other risks and social and economic losses either not known to the participant or not reasonably foreseeable at this time.
General Release: In consideration of the Diego Maradona Soccer Academy allowing the participant or the undersigned minor child membership and participation in the Diego Maradona Soccer Academy Activities, The undersigned agrees: (i) to waive any and all claims that the undersigned or the participant has or may have in the future against the Diego Maradona Soccer Academy, its officers, directors, agents, contractors, employees, instructors, trainers, volunteers, members and representatives as a result of the undersigned or the undersigned minor child’s membership and/or participation in the Diego Maradona Soccer Academy Activities; (ii) to release, hold harmless and indemnify the Diego Maradona Soccer Academy from any and all liability from any loss, damage, injury or expense that the participant may suffer, or that the participants next of kin may suffer as a result of the participants membership and/or participation in the Diego Maradona Soccer Academy Activities due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care, including any duty of care owed under the Occupiers Liability Act (Ontario), on the part of the Diego Maradona Soccer Academy; and (iii) to release, indemnify and hold harmless any affiliated Diego Maradona Soccer Academy company, partnership or other person affiliated with the Diego Maradona Soccer Academy including those persons which own property used for any Diego Maradona Soccer Academy Activities (collectively, a Related Third Party), and each of their respective directors, officers, agents, contractors, employees, instructors, trainers, volunteers, members and representatives from any and all claims, demands, actions and costs which might arise out of the participants membership and/or participation in the Diego Maradona Soccer Academy Activities, even though such claims, demands, actions and costs may have been caused by the negligence of such Related Third Party .
Travel Release: I acknowledge that certain Diego Maradona Soccer Academy Activities may take place at a Diego Maradona Soccer Academy permitted location or locations not permitted by the Diego Maradona Soccer Academy. I further acknowledge that: (i) during outdoor trips to other locations, extreme changes in weather or temperatures may result in heatstroke, sunstroke, or hypothermia and where applicable remoteness of location can result in poor communications and inability to get rescue or medical assistance quickly or easily; (ii) in an unfamiliar location, the participant may become lost, get off course or be separated from the rest of the party; (iii) steep or other dangerous terrain may exist where a fall or other accident may cause injury or death; (iv) risks, injuries and/or death that may result from transportation (all modes or types including but not limited to public or private motor vehicle) incidents/accidents; and (v) the Diego Maradona Soccer Academy shall not be responsible for any damages or injury caused by or related to the participation of the undersigned or the undersigned minor child (children) in any Diego Maradona Soccer Academy Activity at such location.
No Representation re: Medical Qualifications: I confirm that I have been advised that the Diego Maradona Soccer Academy does not represent that the Diego Maradona Soccer Academy or any employees or contractors have any level of medical training that would provide assistance to an injured person. Moreover, the Diego Maradona Soccer Academy does not maintain medical equipment or apparatus (including but not limited to defibrillators or Epi-pens) which could assist an injured or ill person. In the event that the Diego Maradona Soccer Academy is provided with any medical apparatus by or on behalf of a participant in Diego Maradona Soccer Academy Activities, the Diego Maradona Soccer Academy makes no representation or warranty that any Diego Maradona Soccer Academy personnel have the skill or training to operate such medical apparatus appropriately to assist any person or to prevent further injury. I acknowledge that I am solely responsible to select and purchase adequate medical/health and travel insurance. No medical/health or travel insurance will be provided by the Diego Maradona Soccer Academy. In the event of a medical/health or travel related problem, the Diego Maradona Soccer Academy accepts no responsibility for any costs or damages associated with a medical/health or travel related problem nor will the Diego Maradona Soccer Academy pay for any medical/health or travel related expenses, which may be incurred by my participation in Diego Maradona Soccer Academy Activities.
Photography and Likeness Release: I hereby authorize the Diego Maradona Soccer Academy to allow the reproduction, dissemination, and/or publication of my name and/or likeness (or those of my minor child) for media coverage, public relations, advertising, marketing or any other Diego Maradona Soccer Academy promotional or educational purposes. This may be done in conjunction with my participation in any Diego Maradona Soccer Academy Activities and I understand and agree that I may neither pay a fee to receive individual promotional consideration from my participation in the Diego Maradona Soccer Academy Activities, nor will I receive any payment for the possible commercial use of my name or likeness.
Responsibility/Liabilities: We act only in the capacity of agent for providing services or goods in connection with the Diego Maradona Soccer Academy Training Program operators, and providers of entertainment. We assume no responsibility for any personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be occasioned either by reason (1) any act or omission of any of the Suppliers (2) any matter beyond our exclusive control including but not limited to a delay or cancellation of a flight that causes you to miss any portion of the Diego Maradona Soccer Academy Training Programs. We have no special knowledge regarding the financial condition of the Suppliers, unsafe conditions, health hazards, weather hazards, or climate extremes at the Diego Maradona Soccer Academy Training Program locations. You are also responsible for respecting the authority and following the directions of the Diego Maradona Soccer Academy Training Programs guide during a Diego Maradona Soccer Academy Training Programs. We may exclude you from participating in all or any part of the Diego Maradona Soccer Academy Training Programs if, in our sole discretion, your condition or behavior renders you unfit for the Diego Maradona Soccer Academy Training Program or unfit for continuation once the Diego Maradona Soccer Academy Training Program has begun. Unfitness may include, without limitation, any behavior that, regardless of its cause, is inappropriate or offensive or interferes with the delivery of the Diego Maradona Soccer Academy Training Program services, or may constitute a hazard or embarrassment. In such case, our liability shall be strictly limited to a refund of the recoverable cost of any unused portion of the Diego Maradona Soccer Academy Training Program. Should you decide not to participate in certain parts of the Diego Maradona Soccer Academy Training Program or use certain goods included in the Diego Maradona Soccer Academy Training Program, no refunds will be made for those unused parts of the Diego Maradona Soccer Academy Training Program or goods. You agree to indemnify and hold us harmless from and against any costs, damages, losses, or liabilities arising out of your actions or omissions.
General: Any dispute related to the Diego Maradona Soccer Academy shall be governed by Ontario law without regard to conflict of laws principles. The federal or provincial courts in Toronto, Ontario shall be the exclusive forum for any lawsuit related to the Diego Maradona Soccer Academy, and you consent to the personal jurisdiction by said courts. You agree to present any claims against us within 30 days after the Diego Maradona Soccer Academy Training program ends and to file within one year of the incident, and you acknowledge that this expressly limits the applicable statute of limitations to one year. Facsimile transmission or electronic transmission (such as pdf) of any signed document shall be deemed delivery of an original. At our request, you shall promptly provide an original document as well. If there are any conflicts between this Participant Agreement, the Reservation Form, and the Itinerary, this Participant Agreement shall govern.
Special Provisions for Parents or Guardians of Participants
I, the undersigned, as parent or guardian, give my consent for the participant, identified herein, to participate in soccer activities during the Diego Maradona Soccer Academy Training program. I understand that participation in any soccer event is done at our own risk. I will not hold the Diego Maradona Soccer Academy, its officers, agents, employees, or anyone acting in its behalf, responsible or liable for injury occurring to the named participant in the course of such activities or such travel.
I understand that the Diego Maradona Soccer Academy will complete required accident insurance forms, after which all claims under insurance policy, or policies, for injuries received while participating in the Diego Maradona Soccer Academy Training program activities and events, shall be processed by the participant, his/her parent(s), or guardian(s) through the company handling the participants insurance claim and not through the Diego Maradona Soccer Academy.
I hereby accept financial responsibility for personal items lost by the participant identified herein.
I authorize the Diego Maradona Soccer Academy to transport and to obtain, through a physician of its own choice, any emergency medical care that may become reasonably necessary for the participant in the course of such activities/events or such travel. I also agree that the expenses for such transportation and treatment shall not be borne by the Diego Maradona Soccer Academy. I accept full responsibility.
Illegal Substances: Notice is hereby given that possession or sale of controlled substances by any participant is grounds for expulsion of the Diego Maradona Soccer Academy Training program. Participant possession of or being under the influence of alcoholic beverages, and/or hallucinogenic drugs or combinations of drugs or substances having hallucinatory effects, marijuana, or under the influence of glue or other drugs or combinations of drugs or drug paraphernalia expressly prohibited by federal, provincial, or local laws, including prohibited substances which shall include those substances possessed, sold, and/or used that are held out to be, or represented to be, controlled substances, illegal substances, or counterfeit in any respect illegal or controlled substances is grounds for expulsion from the remaining of the Diego Maradona Soccer Academy Training program and referral to proper law enforcement agencies. Parent(s) or Guardian(s) will be immediately notified to pick up the participant. In none of the foregoing cases, shall the fee paid for the program be reimbursed, in whole or in part.
The Diego Maradona Soccer Academy is not responsible for providing lunch, snacks and beverages. Lunch, snacks and beverages will not be provided by the Diego Maradona Soccer Academy. All food and beverages brought to the Diego Maradona Soccer Academy must be peanut free.
All cheques returned NSF will be subject to a $25.00 charge and must be replaced by certified cheque or cash and shall be subject to the bank fee charge.
Further notice is hereby given that possession of prescription drugs, or any other over-the counter medication, not specifically ordered for the participant by a physician or the participants parent or guardian is grounds for expulsion from the remaining of the Diego Maradona Soccer Academy Training program. Parent(s) or Guardian(s) will be immediately notified to pick up the participant. The fee paid for the program will not be reimbursed, in whole or in part.
I, as parent or guardian, accept this agreement: by clicking on the 'I have read and I accept waiver' button on the sign-up registration form.
COVID-19
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
By Submitting 'yes' in the field " if you agree to the parental release waiver, cancellation and refund policy participant agreement", you agree to all of the following:
Participants of the age of majority and over
WARNING! By clicking you agree with this document, you will waive certain legal rights. Please read carefully.
1. This is a binding legal agreement. Clarify any questions or concerns before agreeing, clicking of you agree and completing registration. As a Participant in activities, programs, classes, services provided and events sponsored or organized by Ontario Soccer and its affiliated districts, leagues, clubs and teams and the sport of soccer, including but not limited to: games, tournaments, 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 (collectively the “Activities”), the undersigned acknowledges and agrees to the following terms outlined in this agreement:
Disclaimer
2. The Diego Maradona Soccer Academy, its affiliated districts, leagues, clubs and teams, and their 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 are not responsible for any injury, property damage, expense, loss of income, damage or loss of any kind suffered by a Participant during, or as a result of, the Activities, caused in any manner whatsoever including, but not limited to, the negligence of the The Diego Maradona Soccer Academy.
Description of Risks
3. 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 The Diego Maradona Soccer Academy 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 The Diego Maradona Soccer Academy has a difficult task to ensure safety and it is not infallible. The The Diego Maradona Soccer Academy may be unaware of my fitness or abilities, may misjudge weather or environmental conditions, may give incomplete warnings or instructions, and the equipment being used might malfunction; and
d) The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization and COVID-19 is extremely contagious. The The Diego Maradona Soccer Academy has put in place preventative measures to reduce the spread of COVID-19; however, the The Diego Maradona Soccer Academy cannot guarantee that the Participant will not become infected with COVID-19. Further, attending the Activities could increase your risk of contracting COVID-19.
4. 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 which could result in damage, loss, serious physical injury, or death. The risks, dangers and hazards include, but are not limited to, injuries from:
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, 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.
b) 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.
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 use or operate the equipment within my own ability.
d) 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.
e) Advice: negligent advice regarding soccer programs.
f) Ability: Failing to act safely or within my own ability or within designated areas.
g) Sport: the game of soccer and its inherent risk.
h) Cyber: privacy breaches, hacking, technology malfunction or damage.
i) Conduct: My conduct and conduct of other persons including any physical altercation between soccer 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 The Diego Maradona Soccer Academy, may increase the risk of damage, loss, personal injury or death.
I understand that The Diego Maradona Soccer Academy may fail to safeguard or protect me from the risks, dangers
and hazards of soccer programs, some of which are referred to above.
Terms
5. In consideration of The Diego Maradona Soccer Academy allowing me to participate in the Activities, I agree:
a) That my mental and physical condition is appropriate to participate in the Activities and I assume all risks related to my mental or physical condition;
b) That when I practice or train in my own space, I am responsible for my surroundings and the
location and equipment that I select;
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 such to the attention of a The Diego Maradona Soccer Academy representative immediately;
f) The risks associated with the Activities are increased when I am impaired, and I agree 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 protective equipment and the secure fitting of that
equipment; and
i) That COVID-19 is contagious in nature and I may be exposed to or infected by COVID-19 and such exposure may result in personal injury, illness, permanent disability or death and voluntarily agree to assume all the foregoing risks.
Release of Liability and Disclaimer
6. In consideration of The Diego Maradona Soccer Academy allowing me to participate in the Activities, use its equipment and facilities, 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 Diego Maradona Soccer Academy or its agents, whether in a brochure or advertisement or in individual conversations, to agree to be involved in the Activities;
d) To WAIVE any and all claims that I may have now or in the future against The Diego Maradona Soccer Academy;
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, events and programs of The Diego Maradona Soccer Academy;
f) To FOREVER RELEASE AND INDEMNIFY The Diego Maradona Soccer Academy 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, missions, carelessness, breach of warranty, breach of contract and/or breach of any statutory duty of care of The Diego Maradona Soccer Academy;
g) TO HOLD HARMLESS AND INDEMNIFY The Diego Maradona Soccer Academy from any and all liability for any damage, loss, expense or injury to any third party resulting from my participation in the Activities;
h) To FOREVER RELEASE AND INDEMNIFY The Diego Maradona Soccer Academy relating to becoming exposed to or infected by COVID-19 which may result from the actions, omission or negligence of myself and others, including but not limited to The Diego Maradona Soccer Academy;
i) That The Diego Maradona Soccer Academy is not responsible or liable for any damage to my vehicle, property, or equipment that may occur as a result of the Activities;
j) That negligence includes failure on the part of The Diego Maradona Soccer Academy to take reasonable steps to safeguard or protect me from the risks, dangers and hazards associated with the Activities; and
k) 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.
Jurisdiction
7. I agree that in the event that I file a lawsuit against The Diego Maradona Soccer Academy, I agree to do so solely in the Province of Ontario, Canada and further agree that the substantive law of Ontario will apply without regard to conflict of law rules. I further agree 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
8. I acknowledge that I have read and understand this agreement, that I have executed this agreement voluntarily, and that this agreement is to be binding upon myself, my heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legal or personal representatives. I further acknowledge by clicking i agree to this agreement I have waived my right to maintain a lawsuit against The Diego Maradona Soccer Academy on the basis of any claims from which I have released herein.
COVID-19
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
By Submitting 'yes' in the field " if you agree to the parental release waiver, cancellation and refund policy participant agreement", you agree to all of the following:
INFORMED CONSENT AND ASSUMPTION OF RISK AGREEMENT
(To be executed by Participants under the age of majority)
WARNING! By clicking you agree with this document, you will assume certain risk and responsibilities. Please read carefully.
1. This is a binding legal agreement. Clarify any questions or concerns before signing. As a Participant in activities, programs, classes, services provided and events sponsored or organized by The Diego Maradona Soccer Academy and its affiliated districts, leagues, clubs and teams (collectively “The Diego Maradona Soccer Academy”) and the sport of soccer, including but not limited to: games, tournaments, 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 (collectively the “Activities”), the undersigned being the Participant and
Participant’s Parent/Guardian (collectively the “Parties”) acknowledges and agrees to the following terms outlined in this agreement:
2. I am the Parent/Guardian of the Participant and have full legal responsibility for the decisions of the Participant.
Description of Risks
3. The Parties 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 Diego Maradona Soccer Academy may offer or promote online programming (such as webinars, remote
c) The Diego Maradona Soccer Academy has a difficult task to ensure safety and it is not infallible. The Diego Maradona Soccer Academy 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; and
c) The Diego Maradona Soccer Academy has a difficult task to ensure safety and it is not infallible. The Diego Maradona Soccer Academy 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; and
d) The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization and COVID-19 is extremely contagious. The Diego Maradona Soccer Academy has put in place preventative measures to reduce the spread of COVID-19; however, The Diego Maradona Soccer Academy cannot guarantee that the Participant will not become infected with COVID-19. Further, attending the Activities could increase your 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:
a) Contracting COVID-19 or any other contagious disease;
b) Executing strenuous and demanding physical techniques;
c) Vigorous physical exertion, strenuous cardiovascular workouts and rapid movements;
d) Exerting and stretching various muscle groups;
e) The failure to properly use any piece of equipment or from the mechanical failure of any piece of equipment;
f) Spinal cord injuries which may render the Participant permanently paralyzed;
g) 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;
h) Abrasions, sprains, strains, fractures, or dislocations;
i) Privacy breaches, hacking, technology malfunction or damage;
j) Concussion or other head injuries, including but not limited to, closed head injury or blunt head trauma;
k) Physical contact with other participants, spectators, equipment, and hazards;
l) Not wearing appropriate safety or protective equipment, such as a helmet;
m) Failure to act safely or within the Participant’s ability or within designated areas;
n) Grass, turf, and other surfaces including bacterial infections and rashes;
o) Collisions with fences, poles, stands, and soccer equipment;
p) Negligence of other persons, including other spectators, participants, or employees;
q) Weather conditions; and
r) Travel to and from competitive events and associated non-competitive events which are an
integral part of the Activities.
Terms
5. In consideration of The Diego Maradona Soccer Academy allowing the Participant to participate in the Activities, the Parties
agree:
a) That the Participant’s mental and physical condition is appropriate to participate in the Activities;
b) That when the Participant practices or trains in his or her own space, the Parties are responsible for the Participant’s surroundings and the location and equipment that is selected for the Participant;
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 the Participant observes an unusual significant hazard or risk, the Participant will remove themselves from participation and bring such to the attention of The Diego Maradona Soccer Academy representative immediately;
f) The risks associated with the Activities are increased when the Participant is impaired and the
Participant agrees not to participate if impaired in any way;
g) That it is their sole responsibility to assess whether any Activities are too difficult for the
Participant. By the Participant commencing an Activity, they acknowledge and accept the
suitability and conditions of the Activity;
h) That they are responsible for the choice of the Participant’s protective equipment and the secure fitting of the protective equipment;
i) That COVID-19 is contagious in nature and the Participant may be exposed to or infected by
COVID-19 and such exposure may result in personal injury, illness, permanent disability or death and voluntarily agree to assume all of the foregoing risks.
6. In consideration of The Diego Maradona Soccer Academy allowing the Participant to participate, the Parties agree:
a) That the Parties are not relying on any oral or written statements made by The Diego Maradona Soccer Academy or their agents, whether in brochure or advertisement or in individual conversations, to agree to be involved in the Activities; and
b) That The Diego Maradona Soccer Academy 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.
General
7. The Parties agree that in the event that they file a lawsuit against The Diego Maradona Soccer Academy, they agree to do so solely in the province of Ontario, Canada and they further agree that the substantive law of Ontario will apply without regard to conflict of law rules.
8. The Parties expressly agree that this Agreement is intended to be as broad and inclusive as is
permitted by law and that if any of its provisions are held to be invalid, the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgement
9. 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.
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