1. As an Individual participant member in the sport of Cricket and/or the events, programs, competitions, travel, and activities organized, operated or conducted and /or sanctioned by Northern Alberta Cricket Association (NACA) (collectively the “Activities”), the undersigned acknowledges and agrees to the Following terms.
2. Northern Alberta Cricket Association (NACA), members, clubs and all the respective committee members, junior and woman members, coaches, volunteers, umpires, participants, sponsors, and representatives, and owners/operators of the event facilities (collectively the “Northern Alberta Cricket Association (NACA)“) are not responsible for any injury, property damage, death, expense, loss of income, damage or any other type of loss suffered by the Individual participant during or as a result of the any NACA activity or event.
3.
The Individual participant and
playing member understand and acknowledge that:
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; and
The Northern Alberta Cricket Association (NACA) has a difficult task to ensure
safety but it is not infallible. The Northern Alberta Cricket Association
(NACA) may be unaware of the Individual participant’s fitness or abilities, may
give incomplete warnings or instructions, and the equipment being used might
malfunction.
4. In consideration of the Individual participant’s involvement in the Activities, the individual participant and playing member 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:
4.1. The sport of Cricket; Executing strenuous and demanding physical techniques;
4.2. The failure to properly use any piece of equipment or from the failure of any piece of equipment;
4.3. Physical contact with other Individual participants, participants, spectators, equipment and hazards;
4.4.
Contact with, colliding with, or
being struck by the cricket equipment , net, poles, benches, or other
Individual participants, participants, or spectators
Head or Spinal cord injuries which may render the Individual participant
permanently paralyzed;
4.5. Serious injury to virtually all bones, joints, ligaments, muscles, tendons and other aspects of the Individual participant’s body or to the Individual participant’s general health and well-being;
4.6. Abrasions, sprains, strains, fractures, or dislocations;
4.7. Concussion or other head injuries, including but not limited to, closed head injury or blunt head trauma;
4.8. Failure to act safely or within the Individual participant’s own ability or within designated areas;
4.9. Negligence of other persons, including other Individual participants, spectators, participants, or employees; and Travel to and from the event which is an integral part of the Northern Alberta Cricket Association (NACA)’s Activities.
5. In consideration of the Individual participant participant’s involvement in the Activities, the participant and member agree:
5.1. That the Individual participant’s mental and physical condition is appropriate and the Individual participant and playing member assume all risks related to the Individual participant’s mental or physical condition;
5.2. To comply with the rules of the facility and equipment;
5.3. That if the Individual participant observes an unusual significant hazard or risk, the Individual participant will remove himself/herself from the area and bring such to the attention of and Northern Alberta Cricket Association (NACA) representative immediately;
5.4. That the Northern Alberta Cricket Association (NACA) may not provide full health, accident, disability, hospitalization, personal property or other insurance for the Individual participant and the Individual participant and playing member affirm that they have ascertained appropriate insurance to protect the Individual participant; and
5.5. The risks associated with the Activities are increased when the Individual participant is impaired and the Individual participant agrees not to become involved if impaired in any way
6. In consideration of the Individual participant’s involvement in the Activities, the Individual participant and playing member agree:
7. That the Individual participant and playing member are not relying on any oral or written statements made by the Northern Alberta Cricket Association (NACA) or their agents, whether in brochure or advertisement or in Individual participant conversations, to agree to be involved in the Activities; and
8.
To freely accept and fully
assume all such risks, dangers and hazards, and possibility of personal injury,
death, property damage, expense and related loss, including loss of income,
resulting from the Individual participant’s involvement in the Activities and
travel to and from the Activities The Individual participant and playing member
agree that in the event that they file a lawsuit against the Northern Alberta
Cricket Association (NACA), they agree to do so solely in the province of
Alberta, Canada and they further agree that the substantive law of Alberta will
apply without regard to conflict of law rules.
The Individual participant and playing member 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
9. The Individual participant and playing member 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.
10. The Individual participant and playing member further acknowledge by signing this agreement they have waived the right to maintain a lawsuit against the Northern Alberta Cricket Association (NACA) on the basis of any claims from which they have released.