WAIVER OF CLAIMS, RELEASE OF LIABILITY & INDEMNITY AGREEMENT

PLEASE TAKE YOUR TIME AND READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. BY SIGNING THIS DOCUMENT, YOU WILL GIVE UP LEGAL RIGHTS INCLUDING THE RIGHT TO SUE FOR ANY INJURY OR DAMAGES, HOWSOEVER CAUSED.

IN CONSIDERATION of my entry upon the “NHL Street” located at indoor and outdoor locations in London Ontario and the facilities thereon (the “Facilities”) and in consideration of my ability to participate in any way in NHL Activities (as defined below), I hereby confirm and agree with NHL STREET, NAL Insurance, NAL Administrative Services and its employees, agents, representatives, volunteers, independent contractors, subcontractors, service providers, successors, and assigns (collectively the “Releasees”), as follows:

NHL STREET ACTIVITIES

Within this Agreement, the term “NHL Street Activities” means any and all activities, events, and services provided, arranged, organized, conducted, and/or made available by the Releasees to members of the public at or from the Facilities from time to time, including, without limitation, sports games, sports practices, sports drills, sports and athletic training sessions, games, practices, exercises, gym activities and games, fundraisers, meetings, social gatherings, parties, tournaments, events, travel and transportation to/from NHL Street events, and any such other activities that that are inherent to and/or related to NHL Street activities.

ACKNOWLEDGMENT AND ASSUMPTION OF RISK

I am aware that my entry upon the Facilities and participation in the NHL Street Activities involves risks and dangers that may directly or indirectly cause injury and, in some cases, death, and loss of, or damage to, personal property. These risks are inherent to the NHL Street Activities and cannot be eliminated without altering the character and value of the NHL Street Activities. The risks may include, but are not limited to: slips/trips and falls; falls from heights; impacts with other people; impacts with the ground or other structures and equipment; physical fights; contracting a Communicable Disease (as hereinafter defined) the failure, malfunction and/or hazards present and/or created by equipment, structures, and facilities including, but not limited to, baseball bats, baseball gloves, bases, tees, baseballs, soccer balls, footballs, pitching machines, practice equipment light standards, fencing, helmets, cleats, bleachers, and parking lots, safety nets, entanglement, recreational facilities; obstructions, obstacles and/or hazards at any facility or location where NHL Street Activities take place; and negligence, want of care, omissions, failure to warn, failure to rescue, and/or failure to supervise by persons including, but not limited to, the Releasees, coaches, players, participants, parents, spectators, managers, and/or staff/employees of baseball teams, soccer teams and/or football teams.

Such risks and dangers may result in injuries including, but not limited to, the following: head trauma; concussion; fracture; sprain, strain and/or tear of bodily tissue; bruising; laceration and/or scrapes; dislocation; infection and/or Communicable Disease; blindness and/or loss of vision; loss of hearing; dizziness and disorientation; cardiac events, such as stroke, aneurism, or cardiac arrest; physical or emotional injuries; emotional distress, anxiety, depression and/or post-traumatic stress; choking; seizures; impalement; dirt or gravel in the eye(s); inhalation of noxious substances; allergic reactions and anaphylaxis; and burns.

For greater clarity, “Communicable Disease” means any disease which can be transmitted by means of any substance or agent from any organism to another organism where the substance or agent includes, but is not limited to, a virus (including but not limited to COVID-19, ifluenza, and/or MRSA), bacterium, parasite or other organism or any variation thereof, whether living or not, and the method of transmission, whether direct or indirect, includes but is not limited to, airborne transmission, bodily fluid transmission, transmission from or to any surface or object, solid, liquid, or gas or between organisms, and the disease, substance, or agent can cause or threaten bodily injury, illness, emotional distress, damage to human health, human welfare or property damage.

I AM AWARE OF AND UNDERSTAND THE RISKS AND DANGERS ASSOCIATED WITH THE NHL ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS AND DANGERS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND/OR LOSS RESULTING THEREFROM.

RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY

I expressly agree as follows:

I am in good health and am physically and mentally capable of participating in NHL Activities in which I intend to participate;
To observe and comply with all rules and warnings, both general and activity-specific, including those which may be made visually, orally, or demonstrated by the Releases;
TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the Releasees and TO RELEASE the Releasees from any and all liability for any loss, damage, expense or injury, including death, that I may suffer, or that my next of kin may suffer resulting from my participation in the NHL Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BRACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE UNDER THE OCCUPIERS’ LIABILITY ACT, R.S.O. 1990, c. 0.2, as may be amended from time to time, AND ALSO INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE;
TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all claims, demands, or causes of action, which are in any way connect with my participation in the NHL Street Activities, including any such claims which allege negligence acts or omissions of the Releasees;
In the event of my death or incapacity, this Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns, and representatives; and
In entering into this Agreement, I am not relying upon any oral or written representations or statements made by the Releasees with respect to participating in NHL Street Activities, other than as expressly set forth herein.
I am aware and agree to comply with all local and Provincial health orders and By-laws while in attendance of NHL Street as both a spectator and/or participant

CONSENT TO USE OF IMAGE AND LIKENESS

I acknowledge that the Releasees may take photographs and/or video recordings of me while I am participating in NHL Street Activities. I hereby grant the Releasees express permission to use my name, likeness, image, voice and/or appearance, as such may be embodied in any photographs, video recordings, digital images, and similar media, taken or made by the Releasees. I agree that the Releasees shall have complete ownership of such media, including all copyrights, and may use same for promotional purposes, including on websites or social media accounts maintained by the Releasees and on physical advertising or informational materials, such as brochures, pamphlets, postcards, inserts, and articles. I acknowledge that I will not receive any compensation for the use of such media and hereby release the Releasees from any and all claims which arise out of or are in any way connected with such use.

CONSENT TO MEDICAL SERVICES

I understand that the Releasees, through an authorized service provider, may, in certain circumstances, make on-site medical services available to me. I consent to the provision of such services to me in the event that I am injured while participating in NHL Street Activities.

PARTICIPATION BY MINOR(S)

If I am signing this Agreement on behalf of one or more person(s) who are under the age of 18 years (each, a “Minor”), I confirm the following:

I have entered the full legal name and date of birth of each Minor in the requisite fields below;
I am the parent or legal guardian of each Minor, or otherwise have the necessary legal authority to enter into this Agreement on behalf of each Minor, and hereby accept all of the terms and conditions contained in this Agreement on behalf of each Minor;
I have assessed the risks and dangers associated with the NHL Street Activities, having regard to the specific abilities and circumstances of each Minor, and I voluntarily consent to each Minor participating in the NHL Street Activities, despite such risks and dangers; and
If any Minor is injured while participating in NHL Street Activities, I accept all responsibility and liability for any such injuries and agree to defend, indemnify and hold harmless the Releasees from any and all claims or suits for personal injury, property damage or otherwise, which are brought by or on behalf of the Minor, and which are in any way connected with the Minor’s participation in NHL Street Activities.


GENERAL

I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE AGREEMENT AND I AGREE TO BE BOUND BY ITS TERMS.

I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT, I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS, AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
If, for any reason, any portion of this Agreement is found to be void, unenforceable, or inapplicable, the remaining portions shall remain in full force and effect.
This Agreement shall be governed and interpreted in accordance with the laws of the Province of Ontario, Canada.
This Agreement represents the entire agreement among the parties with respect to the subject matter hereof and there are no ancillary representations, warranties, covenants, agreements, or provisos.
This Agreement may be executed by electronic means.
I acknowledge having received a copy of this Agreement.