Phoenix Cheer Athletics Waiver
Please sign this waiver if you are using our facilities at any time.
Waiver, Release and Indemnity Agreement
I, the undersigned, acknowledge the inherent risks involved when participating in the programs, practices, events, classes, training and other activities offered by Phoenix Cheer Athletics Inc., of using any type of equipment at either 549 Traverse Rd, Ste. Anne, MB or where Phoenix Cheer Athletics Inc.'s hosting site is located and related therein. Accordingly, as consideration in exchange for being allowed to participate in programs, practices, events, classes, training and all other activities related to Phoenix Cheer Athletics Inc., on behalf of myself, my spouse, my partner, my children, my parents, my heirs, assigns, personal representatives, estate, and insurers, I hereby release, indemnify, hold harmless and discharge Phoenix Cheer Athletics Inc., River Trail Development Corporation, their agents, owners, officers, affiliates, volunteers, participants, employees, insurers and all other persons or entities acting in any capacity on their behalf (hereinafter collectively as Phoenix Cheer Athletics Inc.), agree to the following:
1. I acknowledge and fully understand that I will be engaging in activities that involve risk of serious physical or emotional injury which may include but not limited to sprained or torn ligaments, paralysis, death or other bodily injury or property damage to myself or to third parties. I understand that such risks might result not only from my actions, but also from the action, inaction, or negligence or others, the rules of play, or the condition of the premises, or any equipment used and further that there may be risks not known to me or not reasonably foreseeable. I expressly agree and promise to accept and assume all the risks of injury (minimal, serious, catastrophic and/ or death), which may occur, in connection with my participation in activities related to Phoenix Cheer Athletics Inc.
2. If I and/or my child are injured, I acknowledge that I may require medical assistance, which I acknowledge will be at my own expense or the expense of my personal insurer(s). I hereby represent and affirm that I have adequate and appropriate insurance to provide coverage for such medical expense. I UNDERSTAND AND AGREE THAT PHOENIX CHEER ATHLETICS INC WILL NOT PAY FOR ANY COST OR EXPENSES INCURRED BY ME IF I AND/OR MY CHILD ARE INJURED.
3. I hereby voluntary release, forever discharge, waive all rights and agree to defend, indemnify, and hold harmless Phoenix Cheer Athletics Inc. from any and all claims, judgement, loss, liability, cost and expenses (including, without limitations attorney's fees and costs), demands, causes of action which are in any way connected with my and/or my child(ren)'s participation with Phoenix Cheer Athletics Inc.'s activities and/or my and/or child(ren)'s use of 549 Traverse Rd, Ste. Anne, MB and/or Phoenix Cheer Athletics Inc.'s equipment or facilities including, but not limited to, any such claims based upon damages caused or alleged to have been caused in whole or in part by the negligent acts or omissions of Phoenix Cheer Athletics Inc.
4. Should Phoenix Cheer Athletics Inc. or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this Agreement, I agree to indemnify and hold harmless for all such fees and costs.
5. I certify that I and/or my child are physically capable to participate in any and all programs, practices, events, classes, training and other activities offered by Phoenix Cheer Athletics Inc. I further certify that I am willing to assume the risk of any medical or physical condition that I may have.
6. I consent to emergency medical care and transportation in order to obtain treatment in the event of injury to me and/or my child as seen appropriate by Phoenix Cheer Athletics Inc. This Release extends to any liability arising out of or in any way connected to the medical treatment and transportation provided in the event of emergency.
7. I expressly agree that the terms of release and indemnity contained herein are intended to be as broad and inclusive as is permitted by the laws of the Province of Manitoba. I agree that if any portion of this Agreement is found to be void, invalid or unenforceable by the courts having jurisdiction, the remaining portions shall remain in full force and effect as if such offending provision or portion thereof had not been contained herein. If there are any disputes regarding this agreement, I on behalf of myself and/or my child(ren) hereby waive any right I and/or my child(ren) may have to a trial. If, despite the representations made in this Agreement, I or anyone on behalf of myself and/or my child(ren) file or otherwise initiate a lawsuit against Phoenix Cheer Athletics Inc., agree to defend and indemnify Phoenix Cheer Athletics Inc.
8. I hereby assume all the responsibilities for my and/or my child(ren)'s participation in said programs, practices, events, classes, training and other activities offered by Phoenix Cheer Athletics Inc.
9. I understand that Phoenix Cheer Athletics Inc. is collecting certain personal information. I also understand that this information will be used only for administration purposes Phoenix Cheer Athletics Inc. memberships and future programs, practices, classes, events and other activities in connection to Phoenix Cheer Athletics Inc. I hereby consent to such collection and use of this personal information.