POLICY AGREEMENTS

LIABILITY RELEASE

1. The Parties waive any and all claims that they may have now or in the future against Free Play for Kids and covenants not to sue Free Play for Kids.

2. The Parties forever release Free Play for Kids from any and all liability to and from 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 they have or may have in the future, that might arise out of, result from, or relate to participation in SPORT, caused by any manner whatsoever, including but not limited to, negligence, gross negligence, negligent rescue, omissions, carelessness, breach of contract and/or breach of any statutory duty of care of Free Play for Kids, any failure on the part of the Free Play for Kids to safeguard or protect the Participant from any or all of the Risks.

3. The Parties agree that if, despite the Parties’ assumption of risk and release and waiver of liability, the  Participant or anyone on the Participant’s behalf, makes a claim against the Free Play for Kids or any third party that claims indemnification from Free Play for Kids,  the Parties WILL INDEMNIFY, SAVE AND HOLD HARMLESS Free Play for Kids from any and all claims, liabilities, damages, losses, costs, including litigation costs on a solicitor client basis and expenses as a result of such claim.

JURISDICTION

4. The Parties agree that this agreement is governed by the laws of the Province of Alberta, Canada without regard to conflict of laws principles that would require the application of the laws of another jurisdiction. Any litigation involving the parties to this Release Agreement shall be brought solely within the province of Alberta takes place and the Parties irrevocably submit to the jurisdiction of the courts in the Province of Alberta in relation to any matter related to this agreement. 

ACKNOWLEDGMENT
5. The Parties acknowledge that they have read and understand this agreement, that they have executed this agreement voluntarily, and that this agreement is to be binding upon them, their heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legal or personal representatives. The Parties further acknowledge by signing this agreement they understand that they have waived their right to maintain a lawsuit against Free Play for Kids and released Free Play for Kids from any claims that they may have against Free Play for Kids for any injuries, loss or damage arising out of the Participant’s participation in SPORT. 

EXECUTION
6. This agreement may be executed in as many counterparts as may be necessary and delivered by means of electronic transmission of documents and each such counterpart agreement or electronically transmitted copy so executed and delivered shall be deemed to be an original and such counterparts and electronically transmitted copies together shall constitute one and the same instrument.

INFORMED CONSENT AND ASSUMPTION OF RISK AGREEMENT

In this Agreement:

Free Play for Kids includes Free Play for Kids and its directors, officers, employees, instructors, guides, volunteers, officials, participants, agents, representatives, independent contractors, subcontractors, suppliers, sponsors and owners/operators of the facilities in which any SPORT takes place.

The term “SPORT” shall include, without limitation, the sports of Basketball, Soccer, Hockey, Handball, and Flag Football and all other sports, activities, events or services provided, arranged, organized, conducted, sponsored or authorized by Free Play for Kids, the rental of equipment, orientational and instructional courses, seminars and sessions travel, transport and accommodation and all other activities, events and services in any way connected with Free Play for Kids.

1. This is a binding legal agreement. Clarify any questions or concerns before signing. In consideration of the opportunity to participate in Free Play for Kids and SPORT, the undersigned, being the Participant, and the Participant’s Parent/Guardian (collectively the “Parties”) acknowledge and agree to the following terms: 

2. The Parties are aware that the physical exertion required for SPORT and the forces exerted on the body can activate or aggravate pre-existing physical injuries, conditions, symptoms or congenital defects. The Parties have been advised to seek medical advice if they know or suspect that the Participant’s physical condition may be incompatible with SPORT.

ASSUMPTION OF RISKS

4. The Parties are aware that SPORT involves such activities as running, jumping, climbing, physical contact, throwing, passing, hitting or kicking an object and involves many 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, sickness, disease, contagion including but not limited to permanent disability, paralysis, loss of life. 

5. The Parties understand and acknowledge that there are risks, dangers and hazards inherent in SPORT (the “Risks) which include, without limitation:
             a. Strenuous and demanding physical exertion, movements, exertion and tension on various muscle groups which may cause serious injury to the Participant’s body or the Participant’s general health and well- being;
             b.Concussion or other related head injuries including but not limited to closed head injury or blunt head trauma;
             c.Loss of or damage to equipment/property; 
             d.Contact with or proximity to other participants, officials, administrators, spectators, natural or manmade objects, dangers arising from adverse weather conditions, imperfect field of play conditions, equipment failure or malfunction, inadequate safety measures and the involvement of participants of varying skill levels;
             e.The failure of other participants to play safely or within the limitations of their own abilities and the negligence of other participants;

6. The Parties understand that these Risks may be caused in whole or in part by the Participant’s own actions or inactions, the actions or inactions of others participating in or present during SPORT, or the negligent acts or omissions of Free Play for Kids INCLUDING THE FAILURE ON THE PART OF Free Play for Kids TO SAFEGUARD OR PROTECT THE PARTICIPANT FROM THE RISKS, DANGERS AND HAZARDS OF SPORT.

7. The Parties also expressly and voluntarily assume the Risks and the responsibility for any damages, liabilities, losses including loss of income, expenses, or any other related losses arising from the Risks as a result of the Participant’s participation in SPORT.