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‭Brakewinders Sailing Club‬ ‭At Brakewinders Sailing Club we strive to ensure that all of the participants have lots of‬ ‭fun and stay safe.‬ ‭Please review the documents available at‬‭ https://www.brakewinders.ca/documents‬‭ and‬ ‭confirm the following:‬ ‭Code of Conduct‬‭ ‭I/We understand and agree to abide by all the policies of Brakewinders Sailing Club , paying‬ particular attention to the Code of Conduct. I understand that a breach of the Code of Conduct,‬ or any activity that negatively impacts the safety or overall enjoyment of other members may‬ be subject to the Safe Sport policies in place and there may be consequences to those actions.‬ ‬ ‭Concussion Awareness and Code of Conduct‬‭ ‭We/I have reviewed the concussion awareness information provided by the provincial‬ ‭ government, and understand the risks associated with sailing and boating. We understand and‬ agree to abide by the Ontario Sailing Concussion Code of Conduct as adopted by Brakewinders‬ Sailing Club .‬ ‭Image Consent‬‭ ‭We/I hereby grant the permission to photograph and/or record our image and/or voice on still‬ or motion picture film and/or audio tape (collectively the “Images”), and to use the Images to‬ promote the Brakewinders Sailing Club through traditional media such as newsletters,‬ websites, and through social media such as Instagram, Facebook, and Twitter. I understand that‬ I waive any claim to remuneration for use of audio/visual materials used for these purposes.‬ This consent will remain in effect in perpetuity; however, consent may be withdrawn notifying‬‭ Brakewinders Sailing Club of such withdrawal in writing.‬ INFORMED CONSENT AND ASSUMPTION OF RISK AGREEMENT‬ ‭(To be executed by Participants under the Age of Majority)‬ ‭Participant’s Name ‭1.‬‭ This is a binding legal agreement. Clarify any questions or concerns before signing. As a Participant in the‬ spectating, orientation, instruction, activities, programs, and services of Brakewinders Sailing Club (collectively‬ the “Activities”), the undersigned, being the Participant and the Participant’s Parent/Guardian (collectively the‬ “Parties”), acknowledge and agree to the following terms:‬ ‭Disclaimer‬ 2.‬‭ Brakewinders Sailing Club, their respective, directors, officers, committee members, members, employees,‬ coaches, volunteers, officials, participants, agents, sponsors, owners/operators of the facilities in which the‬ Activities take place, and representatives (collectively the “Organization”) are not responsible for any injury,‬ property damage, death, expense, loss of income, damage or loss of any kind suffered by the Participant‬ ‭ during, or as a result of, the Activities.‬ ‭Description of Risks‬ ‭3.‬‭ The Parties understand and acknowledge that:‬ ‭a)‬ The‬‭ 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;‬ ‭b)‬ The‬‭ Organization‬‭ may‬‭ offer‬‭ or‬‭ promote‬‭ online‬‭ programming‬‭ (such‬‭ as‬‭ webinars,‬‭ remote‬‭ conferences,‬ workshops,‬‭ and‬‭ online‬‭ training)‬‭ which‬‭ have‬‭ different‬‭ foreseeable‬‭ and‬‭ unforeseeable‬‭ risks‬‭ than‬‭ in-person programming; and‬ ‭c)‬ The‬‭ Organization‬‭ has‬‭ a‬‭ difficult‬‭ task‬‭ to‬‭ ensure‬‭ safety‬‭ and‬‭ it‬‭ is‬‭ not‬‭ infallible.‬‭ The‬‭ Organization‬‭ may‬‭ be‬ unaware‬‭ of‬‭ the‬‭ Participant’s‬‭ fitness‬‭ or‬‭ abilities,‬‭ may‬‭ give‬‭ incomplete‬‭ warnings‬‭ or‬‭ instructions,‬‭ may‬ misjudge weather or environmental conditions, and the equipment being used might malfunction.‬ ‭4.‬The‬‭ Participant‬‭ is‬‭ participating‬‭ voluntarily‬‭ in‬‭ the‬‭ Activities.‬‭ In‬‭ consideration‬‭ of‬‭ that‬‭ participation,‬‭ the‬‭ Parties‬ 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:‬ ‭a)‬‭ Executing strenuous and demanding physical techniques;‬ ‭b)‬‭ Vigorous physical exertion, strenuous cardiovascular workouts and rapid movements;‬ ‭c)‬‭ Exerting and stretching various muscle groups;‬ ‭d)‬ The‬‭ failure‬‭ to‬‭ properly‬‭ use‬‭ any‬‭ piece‬‭ of‬‭ equipment‬‭ or‬‭ from‬‭ the‬‭ mechanical‬‭ failure‬‭ of‬‭ any‬‭ piece‬‭ of‬ equipment;‬ ‭e)‬‭ Spinal cord injuries which may render the Participant permanently paralyzed;‬ ‭f)‬ Serious‬‭ injury‬‭ to‬‭ virtually‬‭ all‬‭ bones,‬‭ joints,‬‭ ligaments,‬‭ muscles,‬‭ tendons‬‭ and‬‭ other‬‭ aspects‬‭ of‬‭ the‬ Participant’s body or to the Participant’s general health and well-being;‬ ‭g)‬‭ Abrasions, sprains, strains, fractures, or dislocations;‬ ‭h)‬ Concussion‬‭ or‬‭ other‬‭ head‬‭ injuries,‬‭ including‬‭ but‬‭ not‬‭ limited‬‭ to,‬‭ closed‬‭ head‬‭ injury‬‭ or‬‭ blunt‬‭ head‬ trauma;‬ ‭i)‬‭ Physical contact with other participants, spectators, equipment, and hazards;‬ ‭j)‬‭ Not wearing appropriate safety equipment when required or recommended, such a life jacket;‬ ‭k)‬‭ Failure to act safely or within the Participant’s ability or within designated areas;‬ ‭l)‬‭ Equipment failure;‬ ‭m)‬‭ Drowning;‬ ‭n)‬‭ Negligence of other persons, including other spectators, participants, or employees;‬ ‭o)‬‭ Privacy breaches, hacking, technology malfunction or damage;‬ ‭p)‬‭ Weather conditions which may result in hypothermia; and‬ ‭q)‬‭ Travel‬‭ to‬‭ and‬‭ from‬‭ competitive‬‭ events‬‭ and‬‭ associated‬‭ non-competitive‬‭ events‬‭ which‬‭ are‬‭ an‬‭ integral‬‭ part of the Organization’s Activities‬ ‭Terms‬ ‭1.‬‭ In consideration of the Organization allowing the Participant to participate in the Activities, the Parties agree:‬ ‭a)‬‭ That the Participant’s mental and physical condition is appropriate to participate in the Activities and‬ the Parties assume all risks related to the Participant’s mental or physical condition;‬ ‭b)‬‭ To comply with the rules and regulations for participation in the Activities;‬ ‭c)‬‭ To comply with the rules of the course, facility, or equipment;‬ ‭d)‬‭ That if the Participant observes an unusual significant hazard or risk, the Participant will remove‬ themselves from participation and bring such to the attention of an Organization representative‬‭ immediately;‬ ‭e)‬‭ That the Organization does not undertake to provide health, accident, disability, hospitalization,‬‭ personal property or other insurance for the Participant and they affirm that they have ascertained‬‭ appropriate insurance to protect the Participant;‬ ‭f)‬‭ The risks associated with the Activities are increased when the Participant is impaired and the‬‭ Participant agrees not to participate if impaired in any way;‬ ‭g)‬‭ That when the Participant practices or trains in the Participant’s own space, we are responsible for the‬‭ surroundings and the location and equipment that we select;‬ ‭h)‬‭ That it is their sole responsibility to assess whether any Activities are too difficult for the Participant.‬ By the Participant commencing an Activity, they acknowledge and accept the suitability and‬ conditions of the Activity; and‬ ‭i)‬‭ That they are responsible for the choice of the Participant’s safety equipment, if required or‬ recommended, and the secure fitting of the safety equipment.‬ ‭ Release of Liability‬ ‭ 2.‬‭ In consideration of the Organization allowing the Participant to participate, the Parties agree:‬ ‭a)‬‭ That the Parties are not relying on any oral or written statements made by the Organization or their‬ agents, whether in brochure or advertisement or in individual conversations, to agree to be involved‬ in the Activities; and‬ ‭b)‬‭ 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 Participant’s participation in the Activities and travel to and from the Activities.‬ ‭General‬ ‭3.‬‭ The Parties agree that in the event that they file a lawsuit against the Organization, they agree to do so solely‬‭ in the province of Ontario, Canada and they further agree that the substantive law of Ontario will apply‬ without regard to conflict of law rules.‬ Acknowledgement‬ ‭ 4.‬‭ The Parties 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. The Parties‭ further acknowledge by signing this agreement they have waived the right to maintain a lawsuit against the‬ Organization on the basis of any claims from which they have released herein.‬ ‭

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