Reminder to your athletes & their parents: 

Competitors participate in the regatta entirely at their own risk. See rule 3, Decision to Race. The organizing authority will not accept any liability for material damage or personal injury or death sustained in conjunction with or prior to, during, or after the regatta. In participating in the event, a competitor automatically grants to the Organizing authority and the sponsors of the event, the right in perpetuity, to make, use and show, from time to time and at their discretion, any motion pictures, still pictures and live, taped or film television and other reproductions of him/her during the period of the competition for the said event in which the competitor participates and in all material related to the said event without compensation.

 

□ “I hereby consent to being subject to the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (the “UCCMS” available at https://sportintegritycommissioner.ca/uccms) and the processes required for its administration and enforcement. The purpose of the UCCMS is to advance a respectful sport culture that delivers quality, inclusive, welcoming and safe sport experiences. More specifically, I hereby consent to the collection, use and disclosure of my personal information in relation to the administration and enforcement of the UCCMS, as detailed more fully in the following document available at https://commissaireintegritesport.ca/files/Long-form_Consent_OSIC.pdf.” 

Competitors participate in the regatta entirely at their own risk. See rule 3, Decision to Race. The organizing authority will not accept any liability for material damage or personal injury or death sustained in conjunction with or prior to, during, or after the regatta. In participating in the event, a competitor automatically grants to the Organizing authority and the sponsors of the event, the right in perpetuity, to make, use and show, from time to time and at their discretion, any motion pictures, still pictures and live, taped or film television and other reproductions of him/her during the period of the competition for the said event in which the competitor participates and in all material related to the said event without compensation.

 

Participant under 18 Participant under the age of 18 Consent to the Universal Code of Conduct to Prevent and Address Maltreatment in Sport 

□ “I hereby consent to being subject to the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (the “UCCMS” available at https://sportintegritycommissioner.ca/uccms) and the processes required for its administration and enforcement. The purpose of the UCCMS is to advance a respectful sport culture that delivers quality, inclusive, welcoming and safe sport experiences. More specifically, I hereby consent to the collection, use and disclosure of my personal information in relation to the administration and enforcement of the UCCMS, as detailed more fully in the following document available at https://commissaireintegritesport.ca/files/Long-form_Consent_OSIC.pdf.” 

 

Consent to Sail Canada Code of Conduct 

□ “I hereby consent to being subject to Sail Canada Code of Conduct as well as all policies part of Sail Canada Safe Sport Policies Package (available at https://www.sailing.ca/policies-financials/#codeofconduct) and the processes required for its administration and enforcement. The purpose of Sail Canada Code of Conduct and policies part of the Safe Sport Policies Package is to advance a respectful sport culture that delivers quality, inclusive, welcoming and safe sport experiences. More specifically, I hereby consent to the collection, use and disclosure of my personal information in relation to the administration and enforcement of Sail Canada Code of Conduct as well as all policies part of Sail Canada Safe Sport Policies Package.” 

 

Consent to the Universal Code of Conduct to Prevent and Address Maltreatment in Sport 

□ “I, on behalf of my child, hereby consent to my child being subject to the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (the “UCCMS” available at https://sportintegritycommissioner.ca/uccms) and the processes required for its administration and enforcement. The purpose of the UCCMS is to advance a respectful sport culture that delivers quality, inclusive, welcoming and safe sport experiences. More specifically, I, on behalf of my child, hereby consent to the collection, use and disclosure of my personal information in relation to the administration and enforcement of the UCCMS, as detailed more fully in the following document available at https://commissaireintegritesport.ca/files/Long-form_Consent_OSIC.pdf.” 

 

Consent to Sail Canada Code of Conduct and all policies part of Sail Canada Safe Sport Policies Package 

□ “I, on behalf of my child, hereby consent to my child being subject to Sail Canada Code of Conduct as well as all policies part of Sail Canada Safe Sport Policies Package (available at https://www.sailing.ca/policies-financials/#codeofconduct) and the processes required for its administration and enforcement. The purpose of Sail Canada Code of Conduct and policies part of the Safe Sport Policies Package is to advance a respectful sport culture that delivers quality, inclusive, welcoming and safe sport experiences. More specifically, I, on behalf of my child, hereby consent to the collection, use and disclosure of my personal information in relation to the administration and enforcement of Sail Canada Code of Conduct as well as all policies part of Sail Canada Safe Sport Policies Package.” 

 

The Ontario Sailing Concussion Code of Conduct (for athletes and coaches).  The Code of Conduct asks competitors and coaches to confirm that they and their guardian (if applicable) have read the Ministry Approved Concussion Awareness Resource – found at https://ontariosailing.ca/concussion-information/

 

ASHBRIDGE’S BAY YACHT CLUB ASSUMPTION OF RISK, WAIVER OF CLAIMS, AND RELEASE OF LIABILITY AGREEMENT ENGLISH VERSION 

 

This is a binding legal agreement. Clarify any questions or concerns before signing. 

 

This Agreement must be signed by the Participant, or the Participant’s parent/guardian if the Participant is under the age of 18, prior to participation. When applicable, the Participant’s parent/guardian acknowledges and agrees to the terms on behalf of the Participant and references in this document to the Participant agreeing to or acknowledging a risk or term is understood to be referring to the Participant’s parent/guardian agreeing to or acknowledging the risk or term on behalf of the Participant. References in this document to “boat” also apply to windsurfing and kite boards. 

 

ACTIVITIES The Participant is voluntarily participating in the sport of sailing and the spectating, activities, competitions, regattas, racing, programs, and services (collectively the “Activities”) of Ashbridge’s Bay Yacht Club (ABYC) / Sail Canada/Voile Canada, and its directors, officers, committee members, volunteers, employees, contractors, officials, sponsors, official and agents owners/operators of the facilities in which the Activities take place, and representatives (collectively the “Organization”) are not responsible for any injury, personal injury, damage, property damage, expense, loss of income or loss of any kind suffered by a Participant during or as a result of the Activities and/or, when the Participant is the age of majority or older, when caused by the negligence of the Organization. 

 

RISKS 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. These risks include: a) Ability: failing to act safely or within the Participant’s own ability or within designated areas b) Conduct: the Participant’s conduct and conduct of other persons including any physical altercation between participants c) Contact: contact with sails, rigging, the boat, moving parts, other boats, rocks, land or other hazards; other equipment, vehicles, or other persons; and other contact that may lead to serious bodily injury, including but not limited to concussions and/or other brain injury or serious spinal injury d) 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 or lacerations, concussions, sprains and fractures, spinal cord injuries, bacterial infections; rashes; and the transmission of communicable diseases, including viruses of all kinds, COVID-19, bacteria, parasites or other organisms or any mutation thereof e) Premises: defective, dangerous or unsafe condition of the facilities; falls; collisions with objects or barriers that are a part of the premises such as stands; dangerous, unsafe, or irregular conditions; and extreme weather conditions f) Sport: the sport of sailing and its inherent risks, including but not limited to falling out of the boat, drowning, collisions with other boats, land or docks, slipping, tripping or falling ashore or on a ramp or when moving a boat, launching, recovering a boat, on a dock or transferring between boats. g) Travel: travel to and from the Activities h) 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 wear safety or protective equipment; and failure to use or operate equipment within the Participant’s own ability. i) Water Conditions: variations in water conditions including currents, waves, or undertows. j) Weather: varying weather conditions and bad weather conditions including, high winds, lightning, hypothermia, sunstroke, or dehydration Negligence. The Organization may be negligent, which may include failure by the Organization to take reasonable steps to safeguard or protect the Participant from the risks, dangers and hazards associated with participation in the Activities. TERMS In consideration of the Organization allowing the Participant to participate in the Activities, the Participant agrees: a) That the Participant is not relying on any oral or written statements made by the Organization or their agents, whether in a brochure or advertisement or in individual conversations, to agree to participate in the Activities b) That the Participant’s mental and physical condition is appropriate to participate in the Activities and the Participant (or the Participant’s parent/guardian, if applicable) assumes all risks related to the Participant’s mental and physical condition c) To comply with the rules and regulations for participation in the Activities, including but not limited to Sail Canada’s Code of Conduct and Notice of Race for the event (available on the Online Notice Board) d) To comply with the rules of the facility e) That if the Participant observes an unusual significant hazard or risk, the Participant will remove themselves from participation and immediately bring their observations to a representative of the Organization. f) The risks associated with the Activities are increased when the Participant is impaired and the Participant will not participate if impaired in any way g) That it is the Participant’s (or the Participant’s parent/guardian, if applicable) sole responsibility to assess whether any Activities are too difficult for the Participant. By the Participant commencing an Activity, the Participant (or the Participant’s parent/guardian, if applicable) acknowledges and accepts the suitability and conditions of the Activity h) That the Participant (or the Participant’s parent/guardian, if applicable) is responsible for choosing the Participant’s safety or protective equipment and the secure fitting of that equipment i) That their boat and equipment is in good order, equipped to participate in the activities, and that the provision of a race management team, patrol boats and other officials and volunteers by the Organization does not relieve the Participant of their own responsibilities 

 

DISCLAIMER For all Participants, the Participant assumes all risks arising out of, associated with or related to, participation in the Activities and waives any and all claims that the Participant may have now or in the future against the Organization and accepts and fully assumes all such risks and possibility of personal injury, death, property damage, expense and related loss, including loss of income, resulting from participation in the Activities. 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. 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 continue in full legal force and effect. The Participant (or the Participant’s parent/guardian, if applicable) agrees to file any lawsuit against the Organization in the City of Toronto, Ontario and further agrees that the substantive law of the Province of Ontario will apply with regard to conflict of law rules. When the Participant is 18 years old or older, the Participant forever indemnifies and releases the Organization from any and all liability for any and all claims, demands, actions, damages (including direct, indirect, special and/or consequential), losses, actions, judgments, and costs (including legal fees) (collectively, the “Claims”) which the Participant has or may have in the future, that might arise out of, result from, or relate to, participation in the Activities, even though such Claims may have been caused by any manner whatsoever, including but not limited to, the Organization’s negligence, gross negligence, negligent rescue, omissions, carelessness, breach of contract and/or breach of any statutory duty of care of the Organization. 

 

ACKNOWLEDGMENT The Participant (and or the Participant’s parent/guardian, if applicable) acknowledges: a) That they have read and understand the Notice of Race for the event (available at bit.ly/seahorse24), which forms an integral part of this Agreement; and b) That they have read and understand this Agreement, that they have executed this Agreement voluntarily, and that this Agreement is to be binding upon themselves, their heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legal or personal representatives. They further acknowledge that by signing this Agreement they have waived their right to maintain a lawsuit against the Organization on the basis of any claims from which they have released herein.

 

I am the parent/guardian of the Participant who is under the age of 18 as of the signing of this Agreement (English version, above), and I have full legal responsibility for the decisions of the Participant.