PLEASE READ CAREFULLY
By purchasing a membership, the Participant or the Participant’s Guardian (if applicable), agrees that he or she understands and acknowledges the risks, dangers, and hazards which are inherent in accessing, visiting, and using the properties, facilities, installations, and equipment owned, leased, operated, controlled, or used by the Organization, including the tennis facilities located at Marshall Fields, 6601 Okanagan Landing Rd., Vernon, British Columbia, and including properties, facilities, installations, and equipment owned, leased, operated, or controlled by third parties but used by the Organization (collectively, the “Premises”), which risks include, but are not limited to: the potential for bodily injury or illness (including contraction of COVID-19); contact or interaction with others who may have been exposed to COVID-19 or other pathogens; close proximity to or contact with surfaces, equipment, fixtures, or other objects that may be infected with COVID-19 or other pathogens; permanent disability, paralysis, or loss of life; collision with natural or manmade objects; tripping hazards; imperfect venue or field of play conditions; equipment failure; negligent use of the Premises by others; inadequate safety measures; and risks arising from the negligence of the Organization (collectively, the “Risks”). In consideration for allowing the Participant to access, visit, and use the Premises (for any permitted purpose, including visiting, playing tennis, participating in tennis events, watching tennis events, working as an employee, volunteer, or contractor, or providing or receiving tennis lesson or coaching), the Participant or the Participant’s Guardian (if applicable): (a) releases, discharges and forever holds harmless the Organization and its partners, sponsors, agents, affiliates, directors, officers, employees, contractors, and volunteers (collectively, the “Releasees”) from any and all liability for damages or losses arising as a result of the Risks, including liability arising from breach of contract, breach of statutory duties of care (including any duties of care owned under the Occupiers Liability Act (British Columbia)), and negligence on the part of the Releasees; (b) waives any right to sue the Releasees in respect of all causes of action (including those arising from the negligence of the Releasees), claims, damages or losses of any kind that may arise as a result of the Risks or in connection with access or use of the Premises, including without limitation the right to make a third party claim against the Releasees arising from the same; and (c) freely assumes the Risks and anything incidental to the Risks which may arise as a result of or in connection with access to and use of the Premises.
YOU ARE GIVING UP LEGAL RIGHTS TO ALL CLAIMS AGAINST THE RELEASEES. WHEN YOU PURCHASE A MEMBERSHIP, YOU CONFIRM THAT YOU HAVE READ AND FULLY UNDERSTAND THIS WAIVER AND RELEASE.