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COVID-19 WAIVER FOR PROSPECTIVE STUDENT-ATHLETES
WARNING: READ CAREFULLY! THIS AGREEMENT WILL AFFECT YOUR LEGAL RIGHTS
BY SIGNING THIS DOCUMENT YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU AGREE TO ASSUME RESPONSIBILITY FOR CERTAIN RISKS AND AGREE TO FULLY INDEMNIFY GEORGE BROWN COLLEGE AGAINST LEGAL LIABILITY FOR INJURY, ILLNESS (INCLUDING PSYCHOLOGICAL ILLNESS AND DISTRESS), DISEASE AND PROPERTY DAMAGE ARISING FROM OR RELATED TO COVID-19 DUE TO PARTICIPANT’S TRAINING AND PARTICIPATION IN ATHLETICS AT GEORGE BROWN COLLEGE. BY SIGNING THIS DOCUMENT YOU ACKNOWLEDGE AND AGREE THAT TRANSMISSION OF COVID-19 IS AN INHERENT RISK ASSOCIATED WITH PARTICIPANT’S TRAINING AND PARTICIPATION IN ATHLETICS AT GEORGE BROWN COLLEGE
I, the undersigned Participant, understand that this Agreement is a binding legal agreement. I acknowledge that any clarification I require or questions or concerns I may have must be raised before signing. I understand that this Agreement is made for the benefit of George Brown College of Arts and Technology (the “College”) and its directors, officers, agents, representatives, employees, volunteers, successors and assigns (collectively, the “Releasees”). I understand that Participant may be required to resume training remotely, or independently, outside of a sport-specific facility, owned, leased, operated or otherwise controlled by the College (the “Remote Training”). In time, the College’s facilities (the “Facility or Facilities”) may be available for use. The College will not permit Participant to engage in any Remote Training or enter the Facilities unless and until I sign this Agreement. In consideration of the College allowing access to the College’s training program, coaching and mentorship and/or access or use of the Remote Training and/or the Facilities, I acknowledge and agree to the following terms:
1. ACKNOWLEDGMENT AND ASSUMPTION OF RISKS: I UNDERSTAND THAT COVID-19 IS A SIGNIFICANT HEALTH RISK AND CARRIES A HIGH RISK OF TRANSMISSION THROUGH PHYSICAL OR SHARED CONTACT. I understand that Remote Training and/or use of the Facilities carries the risks of contracting and/or transmitting COVID-19 (the “Risks”). Examples of the Risks include, but are not limited to, personal injury, death, illness, property damage, business loss, and psychological illness and distress resulting from contracting COVID-19, transmitting COVID-19 to others, or the fear of contracting and/or transmitting COVID-19. I understand the Risks may be relative to Participant’s state of fitness and health (including physical, mental and emotional) and to the awareness, care, and skill with which Participant and others with whom Participant share the Remote Training and/or Facilities conduct themselves. I further acknowledges that I am in the best position to assess the impact that COVID-19 may have on Participant and others with whom Participant may come into close contact.
2. WAIVER OF CLAIMS, RELEASE OF LIABILITY AND INDEMNITY: In respect of the Risks identified above, I hereby agree as follows:
• I hereby waive any and all claims that I have or may have in the future against the Releasees in connection with Participant’s Remote Training and/or use of the Facilities;
• I hereby release and forever discharge the Releasees from any and all liability for all loss, damage, expense, injury, death, illness or disease that I may suffer as a result of Participant’s participation in the Remote Training and/or use of the Facilities due to any cause whatsoever, whether arising from the NEGLIGENCE of the Releasees, breach of any statutory or other duty, including but not limited to the Occupiers Liability Act, RSO 1990, c. O.2, breach of contract, mistake or error of judgment of the Releasees, or otherwise; and,
• I hereby agree to fully and without limitation defend, indemnify and hold harmless the Releasees from any and all actions, suits, claims, litigation, inquiries, investigations, judgments, proceedings and demands for damages, loss or expense (including legal costs) of any kind whatsoever, including those involving negligence on the part of the Releasees that may be made or initiated by or on behalf of me or any third party, arising out of or connected with Participant’s participation in the Remote Training and/or use of the Facilities.
3. MY RESPONSIBILITIES: In order to protect myself and others, Participant agrees as follows:
✓ I will not participate in Remote Training or attend a Facility if I or anyone in my household or anyone I have come into close contact with has tested positive for COVID-19, or is waiting for the result of a Covid-19 test, and has not been cleared by a medical professional to be in public. Note: Close contact includes living with, providing care, or otherwise having close prolonged contact (within 2 metres) with another person.
✓ I will not participate in Remote Training or attend a Facility if I have any of the following symptoms:
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• Fever
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• Difficulty swallowing
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• Nausea/vomiting, diarrhea, abdominal pain
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• New onset of cough
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• Decrease of loss of sense of
taste or smell
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• Runny nose or nasal congestion without other known cause
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• Worsening chronic cough
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• Chills
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• Pink eye (conjunctivitis)
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• Shortness of breath
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• Headache
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• Sore throat
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• Unexplained fatigue/malaise/muscle aches (myalgias)
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✓ I will not participate in Remote Training or attend a Facility if I or any member of my household or anyone I have come into close contact with has traveled to or had a lay-over in a country outside Canada in the 14 days prior to my participation/attendance, or if I or any member of my household or anyone I have come into close contact with has travelled domestically by airplane in the 14 days prior to my attendance.
✓ If I test positive for COVID-19, I will immediately notify my coach and varsity sport coordinator to allow the College to take appropriate precautions, including contact tracing.
4. REPRESENTATIONS: I am not relying on any oral, visual or written representations or statements made by the Releasees with respect to the safety of the Remote Training or Facilities and/or the safety of me than what is set forth in this Agreement.
5. JURISDICTION: I agree that this Agreement and all terms contained within are governed by the laws of the Province of Ontario. I hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario. Any litigation in any way relating to the College or to the matters addressed in this Agreement must be instituted in the Province of Ontario
6. SEVERABILITY: If any provision (or part of any provision) in this Agreement is held unenforceable, such provision (or part of such provision) shall be severed and shall be inoperative, and the remainder of this Agreement shall remain in full force and effect.
I CONFIRM THAT I HAVE HAD SUFFICIENT TIME TO READ THIS AGREEMENT IN ITS ENTIRETY, INCLUDING ALL OF ITS TERMS, THAT I FULLY UNDERSTAND ITS TERMS, AND I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT AND HAVE AGREED TO THE TERMS FREELY AND VOLUNTARILY. I UNDERSTAND THAT THIS AGREEMENT IS BINDING ON ME, MY HEIRS AND EXECUTORS.
I HEREBY ACKNOWLEDGE THAT BY TYPING MY NAME IN THE BOX BELOW I AM CONSENTING TO ALL PROVISIONS IN THIS AGREEMENT AND THAT MY TYPED NAME CONSTITUTES A VALID AND BINDING SIGNATURE. |