INFORMED CONSENT AND ASSUMPTION OF RISK AGREEMENT
(To be executed by parents/guardians of Participants under the Age of Majority)
WARNING! Please read carefully. By signing this document, you will assume certain risks and responsibilities
1. This is a binding legal agreement. Clarify any questions or concerns before signing. As a Participant in the sport of curling and the activities, programs, classes, services provided and events sponsored or organized by Curling Canada, Curl ON, Ennismore Curling Club, (collectively the “Organization”), including but not limited to: games, tournaments, practices, training, personal training, dry land training, use of strength training and fitness conditioning equipment, machines and facilities, nutritional and dietary programs, orientation or instructional sessions or lessons, aerobic and anaerobic conditioning programs (collectively the “Activities”), the undersigned being the Participant and Participant’s Parent/Guardian (collectively the “Parties”) acknowledges and agrees to the terms outlined in this agreement.
2. I am the Parent/Guardian of the Participant and have full legal responsibility for the decisions of the Participant.
Description and Acknowledgement of Risks
1. The Parties understand and acknowledge that:
* 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. The sport of curling is played on a sheet of ice, which is slippery, hard, and dangerous;
* A pertinent risk to participating in the sport of curling is the risk of suffering serious head injury should the Participant fall, trip, or stumble onto the ground or ice. It is highly recommended that the Participant wear a helmet at all times when participating in the sport of curling;
* 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 misjudge weather or environmental conditions, may give incomplete warnings or instructions, and the equipment being used might malfunction;
2. 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:
* Health: executing strenuous and demanding physical techniques, physical exertion, overexertion, stretching, dehydration, fatigue, cardiovascular workouts, rapid movements and stops, lack of fitness or conditioning, traumatic injury, bacterial infections, rashes, and the transmission of communicable diseases, including viruses of all kinds, bacteria, parasites or other organisms or any mutation thereof.
* Premises: defective, dangerous or unsafe condition of the facilities; falls; collisions with objects, walls, equipment or persons; dangerous, unsafe, or irregular conditions on floors, ice, or other surfaces, extreme weather conditions; travel to and from premises
* Use of Equipment: mechanical failure of the equipment; negligent design or manufacture of the equipment; the provision of or the failure by the Organization to provide any warnings, directions, instructions or guidance as to the use of the equipment; failure to use or operate the equipment within my own ability;
* Contact: contact with brooms, brushes or curling stones, other equipment, vehicles, or other persons, and may lead to serious bodily injury, including but not limited to concussions and/or other brain injury, or serious spinal injury.
* Advice: negligent advice regarding the Activities. Ability: Failing to act safely or within my own ability or within designated areas.
* Sport: the game of curling and its inherent risks, including but not limited to, running, sliding or slipping on the ice surface, delivering the curling stone, skipping or sweeping, stepping onto the ice surface from the walkway or onto the walkway from the ice surface, or stepping over dividers that divide one sheet of ice from the next.
* Cyber: privacy breaches, hacking, technology malfunction or damage.
* Conduct: My conduct and conduct of other persons including any physical altercation between participants
* Travel: Travel to and from the Activities
Terms
1. In consideration of the Organization allowing the Participant to participate in the Activities, the Parties agree:
* That when the Participant practices or trains in their own space, the Parties are responsible for the Participant’s surroundings and the location and equipment that is selected for the Participant;
* 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 and physical condition;
* To comply with the rules and regulations for participation in the Activities;
* To comply with the rules of the facility or equipment;
* That if the Participant observes an unusual significant hazard or risk, the Participant will remove themselves from participation and bring their observations to a representative of the Organization immediately;
* The risks associated with the Activities are increased when the Participant is impaired, and the Participant will not participate if impaired in any way;
* 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;
* That they are responsible for the choice of the Participant’s safety or protective equipment and the secure fitting of that equipment.
2. In consideration of the Organization allowing the Participant to participate, the Parties agree:
* 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 participate in the Activities;
* That the Organization is not responsible or liable for any damage to the Participant’s vehicle, property, or equipment that may occur as a result of the Activities; and
* That this Agreement is intended to be as broad and inclusive as is permitted by law of the Province of Ontario and if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect.
Jurisdiction
The Parties agree that in the event that they file a lawsuit against the Organization, they agree to do so solely in Ontario and they further agree that the substantive law of Ontario will apply without regard to conflict of law rules.
Acknowledgement
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.
CONSENT FOR USE OF PERSONAL INFORMATION
The Participant (and the Participant’s parent/guardian, if applicable) authorizes the Organization to collect and use personal information about the Participant for the purposes described in the Organizations’ policies for privacy (Click Here) (https://www.curling.ca/about-curling-canada/privacy-policy/#3.1-Purpose)
Concussion Code of Conduct for Athletes and Parents/Guardians
Under Rowan's Law, all participants under the age of majority and their parents/guardians must review either the Government of Ontario Concussion Awareness Resource E-Booklet or the Ontario Government Concussion Awareness Resource Video [CLICK HERE](https://www.ontario.ca/page/rowans-law-concussion-awareness-resources) once every 12 months.
Items marked with an asterisk * are mandatory by O.Reg. 161/19: General.
I will help prevent concussions by:
- Wearing the proper equipment for my sport and wearing it correctly.
- Developing my skills and strength so that I can participate to the best of my ability.
- Respecting the rules of my sport or activity.
- My commitment to fair play and respect for all (respecting other athletes, coaches, team trainers and officials).*
I will care for my health and safety by taking concussions seriously, and I understand that:
- A concussion is a brain injury that can have both short- and long-term effects.
- A blow to my head, face or neck, or a blow to the body that causes the brain to move around
inside the skull may cause a concussion.
- I don’t need to lose consciousness to have had a concussion.
- I have a commitment to concussion recognition and reporting, including self-reporting of
possible concussion and reporting to a designated person when and individual suspects
that another individual may have sustained a concussion.*(Meaning: If I think I might have a
concussion I should stop participating in further training, practice or competition immediately, or tell an adult if I think another athlete has a concussion.)
- Continuing to participate in further training, practice or competition with a possible concussion increases my risk of more severe, longer lasting symptoms, and increases my risk of other injuries.
I will not hide concussion symptoms. I will speak up for myself and others.
- I will not hide my symptoms. I will tell a coach, official, team trainer, parent or another adult I trust if I experience any symptoms of concussion.
- If someone else tells me about concussion symptoms, or I see signs they might have a
concussion, I will tell a coach, official, team trainer, parent or another adult I trust so they can help.
- I understand that if I have a suspected concussion, I will be removed from sport and that I will
not be able to return to training, practice or competition until I undergo a medical assessment
by a medical doctor or nurse practitioner and have been medically cleared to return to training,
practice or competition.
- I have a commitment to sharing any pertinent information regarding incidents of removal from sport with the athlete’s school and any other sport organization with which the athlete has
registered.*(Meaning: If I am diagnosed with a concussion, I understand that letting all of my other coaches and teachers know about my injury will help them support me while I recover.)
I will take the time I need to recover, because it is important for my health.
- I understand my commitment to supporting the return-to-sport process.*
(I will have to follow my sport organization’s Return-to-Sport Protocol.)
- I understand I will have to be medically cleared by a medical doctor or nurse practitioner before returning to training, practice or competition.
- I will respect my coaches, team trainers, parents, health-care professionals, and medical doctors and nurse practitioners, regarding my health and safety.
By agreeing to this agreement, I acknowledge that I have fully reviewed and commit to this Concussion Code of Conduct.
The organization has adopted policies regarding (a) zero‑tolerance (b) mandatory disqualification for illegal play that is considered high risk for causing concussions and (c) escalating consequences for violation of the Concussion Code of Conduct, please read and commit to the following section.
I can help prevent concussions, through my:
- Commitment to zero-tolerance for prohibited play that is considered high risk for causing concussions.*
- Acknowledgement of mandatory expulsion from competition for violating zerotolerance for prohibited play that is considered high risk for causing concussions.*
(Meaning: I will be disqualified/expelled from play if I violate the zero-tolerance policy).
- Acknowledgement of the escalating consequences for those who repeatedly violate
the Concussion Code of Conduct.*