Liability Waiver

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT

WARNING: BY CLICKING THE BOX BELOW YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT. PLEASE READ CAREFULLY!

TO: Russell Puck Lab Inc. (operating as "Puck Lab"), and its directors, officers, employees, instructors, agents, representatives, independent contractors, subcontractors, sponsors, successors, and assigns (collectively referred to as the "Releasees").

DEFINITIONS: In this Agreement:

• "Releasees" means Russell Puck Lab Inc. (operating as "Puck Lab") and its owners, directors, officers, employees, staff, coaches, instructors, trainers, volunteers, agents, representatives, independent contractors, subcontractors, sponsors, insurers, affiliated entities, successors, and assigns.
• "Athletic Activities" includes, without limitation, all athletic, hockey, training, fitness, conditioning, coaching, instruction, programs, events, classes, services, and other activities of any kind provided, sponsored, organized, hosted, permitted, or made available by any of the Releasees, including booking, renting, entering, occupying, observing, or using any part of the premises, and the use of all facilities and equipment, including but not limited to: training facility areas, puck shooting lanes, synthetic ice surfaces, gym and cardio equipment, free weights, weight machines, treadmills, nets, boards, balls, sticks, pucks, resistance bands, training aids, lockers, washrooms, common areas, and any other property, equipment, or amenities at, provided by, or associated with Russell Puck Lab Inc.
• "Claims" means any and all claims, demands, causes of action, suits, liabilities, damages, losses, costs, and expenses of any kind (including legal fees on a solicitor-client basis), whether known or unknown, anticipated or unanticipated, in law or equity, including those arising in tort (including negligence), contract, breach of statutory duty, or otherwise.
• "Participant" includes the undersigned participant and, where applicable, the undersigned parent/guardian signing on behalf of a minor.

ASSUMPTION OF RISKS (INCLUDING CONCUSSION / HEAD INJURY RISKS): I understand and acknowledge that Athletic Activities are inherently risky and may involve serious personal injury, permanent disability, paralysis, traumatic brain injury (including concussion), and/or death, and property damage. I am aware that participating in Athletic Activities involves many risks, dangers, and hazards including, but not limited to:

• The use of hockey sticks, pucks, nets, balls, weights, machines, cardio equipment, resistance tools, and specialized training equipment;
• Physical exertion which may cause muscle strain, ligament/tendon injury, overuse injuries, dehydration, heat illness, fainting, or cardiovascular complications;
• Slips, trips, and falls, including contact with hard surfaces, synthetic ice, flooring, walls, glass, boards, equipment, or other participants;
• Impact, collision, or contact with other participants, instructors, staff, spectators, objects, or equipment, including being struck by pucks, sticks, weights, or training aids;
• Concussion and other head, neck, spinal, neurological, or brain injuries which may occur from falls, collisions, contact, or being struck, and which can occur with or without loss of consciousness and may result in long-term effects;
• Equipment malfunction, failure, misuse, improper adjustment, or inadequate supervision, and risks arising from my own actions or the actions/inactions of others;
• Negligence on the part of other participants; and
• NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, AND HAZARDS OF PARTICIPATING IN THE ATHLETIC ACTIVITIES, INCLUDING NEGLIGENT RESCUE OR EMERGENCY RESPONSE.

I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS, AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY (INCLUDING CONCUSSION), DEATH, PROPERTY DAMAGE, OR LOSS RESULTING THEREFROM, WHETHER CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT: In consideration of the Releasees allowing me to participate in the Athletic Activities and/or permitting my booking, rental, entry, attendance, observation, or use of any part of the premises, space, and/or equipment, I hereby agree as follows:

• FULL RELEASE OF LIABILITY AND WAIVER OF ALL CLAIMS: I WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the Releasees and I RELEASE THE RELEASEES from any and all liability for any loss, damage, expense, injury, illness, disability, or death that I may suffer, or that my next of kin may suffer, as a result of my participation in Athletic Activities or my booking, rental, entry, attendance, presence at, observation of, or use of the premises, space, and/or equipment, DUE TO ANY CAUSE WHATSOEVER, including, without limitation: NEGLIGENCE (INCLUDING GROSS NEGLIGENCE TO THE MAXIMUM EXTENT PERMITTED BY LAW), BREACH OF CONTRACT, MISREPRESENTATION, STRICT LIABILITY, AND/OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, including any duty of care owed under the Occupiers’ Liability Act (Ontario), ON THE PART OF THE RELEASEES. I understand that negligence includes failure on the part of the Releasees to take reasonable steps to safeguard or protect me from the risks, dangers, and hazards of Athletic Activities, including negligent instruction, supervision, maintenance, selection of equipment, facility conditions, scheduling, and/or emergency response.
• INDEMNIFICATION / HOLD HARMLESS: I agree to HOLD HARMLESS AND INDEMNIFY the Releasees from and against any and all Claims brought by any person or entity arising from or related to (a) my acts or omissions, (b) my participation in Athletic Activities, (c) my booking, rental, entry, attendance, presence at, observation of, or use of the premises, space, and/or equipment, or (d) my breach of this Agreement, including, without limitation, Claims for personal injury (including death) or property damage to any third party. This indemnity includes legal fees and disbursements on a solicitor-client basis to the maximum extent permitted by law.
• WAIVER OF SUBROGATION: I agree that any insurance coverage I may have (including health, disability, life, property, or any other coverage) shall not be used to pursue any right of subrogation against the Releasees. I hereby WAIVE AND RELEASE any right of subrogation that any insurer or third party may have against the Releasees to the maximum extent permitted by law.
• BINDING EFFECT: This Agreement shall be effective and binding upon me and my heirs, next of kin, executors, administrators, personal representatives, and assigns, in the event of my death or incapacity.
• GOVERNING LAW / JURISDICTION (ONTARIO): This Agreement and any rights, duties, and obligations as between the parties shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, and no other jurisdiction. Any litigation involving the parties shall be brought solely within the Province of Ontario and shall be within the exclusive jurisdiction of the Courts of the Province of Ontario.
• SEVERABILITY: If any term or provision of this Agreement is found to be invalid, illegal, or unenforceable, in whole or in part, such term or provision shall be severed, and the remaining terms and provisions shall continue in full force and effect.
• INFECTIOUS DISEASE / COVID-19 WAIVER: I acknowledge the contagious nature of infectious diseases (including, without limitation, COVID-19 and its variants) and the risk that I may be exposed to, contract, and/or spread such diseases by attending at or participating in Athletic Activities or by being present at the premises. I voluntarily assume all such risks and WAIVE, RELEASE, AND DISCHARGE the Releasees from any and all Claims arising from or related to exposure to, infection with, or transmission of any infectious disease, whether occurring before, during, or after my participation or presence, INCLUDING WHERE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES, to the maximum extent permitted by law.

MEDICAL CONDITION / FITNESS TO PARTICIPATE: I confirm that I (and/or the Participant, if signing as parent/guardian) am in good health and proper physical condition to participate in Athletic Activities and to use the premises, space, and/or equipment. I certify that I have no medical, physical, or mental condition that would impair my ability to participate safely, or that would increase the risk of injury to myself or others. I understand it is my responsibility to consult a physician if I have any questions about my ability to participate. I agree that if I believe conditions are unsafe, or if I feel unwell, injured, concussed, or otherwise unable to participate safely, I will immediately discontinue participation and notify Puck Lab staff.

MEDICAL CONSENT AND AUTHORIZATION (INCLUDING MINORS): In the event of an injury, illness, or emergency, I authorize the Releasees to obtain or provide first aid and/or to secure medical care and transportation, including calling 911 and/or emergency services, as the Releasees deem necessary in their sole discretion. I understand that the Releasees do not assume any responsibility for providing medical care and are not responsible for any costs associated with such care or transportation. I consent to the release of information to medical personnel and/or emergency contacts as reasonably necessary to facilitate treatment. If signing as a parent/guardian for a minor, I represent and warrant that I have full legal authority to provide this consent on the minor’s behalf.

PHOTO / VIDEO / NAME / LIKENESS RELEASE: I hereby grant permission to the Releasees to take and use photographs, video, audio, or digital recordings of me/the Participant, and to use my/the Participant’s name, image, voice, and likeness, for legitimate business purposes including promotional materials, social media, advertising, and website content, without compensation. I understand I may withdraw consent for future use by providing written notice to Puck Lab; withdrawal will not affect materials already created, published, or distributed prior to receipt of such notice.

FOR PARTICIPANTS UNDER 18 YEARS OF AGE:

PARENT/GUARDIAN CONSENT, RELEASE AND INDEMNIFICATION

I am the parent or legal guardian of the minor Participant. I have read and understand this Agreement and I consent to the minor Participant participating in the Athletic Activities and to the minor’s booking, rental, entry, attendance, presence at, observation of, and use of the premises, space, and/or equipment. I acknowledge the risks of injury, including concussion and serious or permanent injury, and I accept and fully assume all such risks on behalf of the minor to the maximum extent permitted by law.

BY SIGNING BELOW, I (A) AGREE TO THE RELEASE, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, WAIVER OF SUBROGATION, AND ALL OTHER TERMS OF THIS AGREEMENT ON MY OWN BEHALF AND ON BEHALF OF THE MINOR, AND (B) AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASEES FROM ANY AND ALL CLAIMS BROUGHT BY OR ON BEHALF OF THE MINOR PARTICIPANT OR BY ANY THIRD PARTY ARISING FROM OR RELATED TO THE MINOR’S PARTICIPATION OR PRESENCE, AND ANY CLAIMS ARISING FROM THE ACTS OR OMISSIONS OF THE MINOR OR OF ME AS PARENT/GUARDIAN, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

ACKNOWLEDGEMENT OF BINDING EFFECT / READ AND UNDERSTOOD: I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, THAT I AM SIGNING IT FREELY AND VOLUNTARILY, AND THAT I UNDERSTAND THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I, THE MINOR, AND/OR OUR HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, AND ASSIGNS MAY HAVE AGAINST THE RELEASEES.