Waiver of Liability, Assumption of Risk and Indemnity Agreement
1. For the purpose of this waiver, "I" shall refer to the registrant however will include the parent and/or guardian as well as the registrant for anyone requiring a parent and/or guardian.
2. I am fully aware of the inherent risks and hazards that result from my attendance at the Benmiller Ball Diamond and/or any Sports Field or Park maintained by the Township of Ashfield-Colborne-Wawanosh. Furthermore, through my use of such Facility, Sports Field, or Park, I voluntarily, knowingly, and freely assume all such risks including, but not limited to, risks resulting from my own actions or inactions, the actions or inactions of others or their staff and/or volunteers, falls, injuries, illnesses, death, contraction of infectious or communicable diseases, as well as any and all obstacles and defects of the Facility.
3. I understand and expressly assume all dangers of activities, the Facility, Sports Field or Park. I also shall identify and inform the Township of Ashfield-Colborne-Wawanosh staff of any hazardous or dangerous equipment or conditions jeopardizing the safety of myself or guests thereof and waive all claims arising out of the activities at the Facility, Sports Field, Park or other areas maintained by the Township of Ashfield-Colborne-Wawanosh, whether caused by negligence, breach of contract, or otherwise, for any bodily injury, property damage, or loss otherwise.
4. I shall defend, indemnify, and hold harmless the Township of Ashfield-Colborne-Wawanosh including but not limited to, any officials, directors, agents, employees, or affiliates, against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of any kind, including reasonable legal fees and disbursements, and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of or resulting from any claim related to the Renter’s use of the facility.
5. I, for myself and on behalf of my heirs, assigns, personal representatives, legal guardians and next of kin, hereby release and hold harmless the Township of Ashfield-Colborne-Wawanosh with respect to any and all illness, disability, death, or loss or damage to persons or property, whether arising from the negligence of the Township of Ashfield-Colborne-Wawanosh or otherwise, to the fullest extent permitted by law.
6. I understand that smoking cannabis or tobacco and the vaping of any substance is strictly prohibited on and within 20 meters of the Benmiller Ball Diamond property. This includes all areas, as well as any vehicle parked in the Benmiller Ball Diamond Parking Lot. In addition to this, smoking cannabis or tobacco and the vaping of any substance is strictly prohibited on and within 20 meters of the perimeter of any Park, Sports Field and spectator area maintained by the Township of Ashfield-Colborne-Wawanosh. I understand that failure to abide by this may result in an immediate suspension from entering any facilities and/or properties maintained by the Township of Ashfield-Colborne-Wawanosh. Furthermore, I also understand that I may be subject to a fine(s) from the Huron Perth Public Health Unit if smoking and/or vaping occurs on or within 20 meters of the Benmiller Ball Diamond Property.
7. Unlicensed alcohol is strictly prohibited at all Facilities, Sports Fields, Parks and other areas maintained by the Township of Ashfield-Colborne-Wawanosh. Consumption of unlicensed alcohol may result in the immediate termination of any rental I am involved with and may result in charges/fines from the Police.
8. I knowingly and freely assume all such risks, both known and unknown, and assume full responsibility for my participation, as well as my actions. I understand that should my actions cause damage to the Benmiller Ball Diamond, Benmiller Community Hall, Ashfield Park, Dungannon Park, Petrie Park, St. Helen’s Hall St. Helen’s Hall Park and/or any other properties and items owned or maintained by the Township of Ashfield-Colborne-Wawanosh, that I will be held fully accountable for my actions. This may include, but not be limited to, providing monetary compensation for damages or loss of income occurring from my actions.
9. I will adhere to all current and future restrictions or guidelines put in place by Public Health, the Province of Ontario, and/or the Township of Ashfield-Colborne-Wawanosh. Furthermore, I understand that it is my responsibility to keep current with any restrictions in place and acknowledge that I may contact the Township of Ashfield-Colborne-Wawanosh for clarification of current restrictions in place.
10. Despite selecting yes or no to authorizing the use of my photo, I understand and authorize the use of any photo taken while participating in the above program where I am not the main focus (i.e., in the background of a photo being used).
11. I fully understand that by agreeing to the terms and conditions on this waiver will bind me to the terms of the waiver for future events similar in nature for a period of not less than one (1) year from the date of consent.