Terms and Conditions - Factory Basketball Academy

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Terms & Conditions

By registering for a program or accepting a roster invite to a team I am acknowledging and agreeing to the following Terms & Conditions:

I have the requisite skills, abilities, and training necessary for the safe use of the equipment, facilities,and to participate in the Activity. If I have any questions about the skills, abilities, or training necessary, I will direct my questions to BASKETBALL FACTORY ACADEMY. Any determination made regarding my participation in the Activity is determined by me or in consultation with my physician, and I shall not rely on any statements or omissions from BASKETBALL FACTORY ACADEMY.
I am aware of and acknowledge reading and knowing all ofthe Policies and Procedures relating to BASKETBALL FACTORY ACADEMY activities, facilities, and/or equipment and understand that the safe and proper use of the facilities, equipment or participation in the activity is dependent upon carefully following BASKETBALL FACTORY ACADEMY’s Policies and Procedures. I agree to abide by the Policies and Procedures of BASKETBALL FACTORY ACADEMY, and acknowledge that I have read, understood, and will abide by the rules of the Activity as outlined by BASKETBALL FACTORY ACADEMY.
I acknowledge that I have the physical fitness to engage in the Activity. I agree to remove myself from the Activity if I sense or observeany unusual hazard or unsafe condition or feel unable or unfit to safely continue participating in the Activity.
I understand and acknowledge that slips, trips, falls and collisions occur, and injuries are a common and ordinary occurrence of BASKETBALL FACTORY ACADEMY Activities. I also understand and acknowledge that risks, dangers, and hazards can exist throughout the Activity Premises and that hazards may be unmarked. I agree to read all posted signs, markingsand warnings or, if unable to, seek assistance to ensure I understand all posted signs, markings, and warnings posted around the Activity Premises.
I accept sole responsibility for my personal possessions and athletic equipment and acknowledge that BASKETBALL FACTORY ACADEMY is not responsible for any lost, stolenor damaged property.
BASKETBALL FACTORY ACADEMY attempts to ensure that all Activity Premises are safe and suitable for play. It is the responsibility of the captains and all participants to inspect the playing area prior to playing their game to ensure it is safe for play and to make their OWN decision regardingpersonal safety in terms of a scheduled Activity Premises, playing style, and transportation to a BASKETBALL FACTORY ACADEMY league/event.
I understand that my team captain is the only person who can approach the League Ambassador or the opposing captain regarding concerns surrounding the game. It is my responsibility to let my captain know my concerns so they can deal with the matter.
I understand that if it is reported by the League Ambassador or an opponent that I have behaved in an unsporting manner or have not played by the Policies, Procedures, or rules, that I could be deregistered, suspended, or ejected from BASKETBALL FACTORY ACADEMY, with no refund. I further acknowledge that BASKETBALL FACTORY ACADEMY reserves the right to revoke my registration at any time for any reason.
I authorize and consent to photographs and/or video being taken/recorded of me while participating in the Activity or while accessing the Activity Premises. I further authorize and consent to the publication of the photographs and/or video for advertising, promotion, and marketing purposes.
I authorize BASKETBALL FACTORY ACADEMY to collect and use personal information about me for the purpose of receiving communications (newsletters, publications, announcements, invitations, and other news or information) from BASKETBALL FACTORY ACADEMY and posting articles of interest, newsletters, promotions, statistics, images, and results on BASKETBALL FACTORY ACADEMY's website. This consent is in compliance with the Personal Information Protection and Electronic Documents Act (“PIPEDA”). I understand that I may withdraw such consent at any time by contacting the BASKETBALL FACTORY ACADEMY.
In accordance with Rowan's Law, I will review the provincial Concussion Awareness resources at least once a year.

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

(“Agreement”)

PLEASE READ CAREFULLY!

BY SIGNING THIS AGREEMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE, BREACH OF CONTRACT, BREACH OF THE OCCUPIERS’ LIABILITY ACT OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT

TO: Sport & Social Group Inc., conducting business as, JAM, JAM Group, JAM Sports, and JAM Events (“JAM”), and their affiliated/related entities directors, officers, employees, instructors, coaches, referees, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors and assigns (hereinafter collectively referred to as the “Releasees”).

SECTION 1: DEFINITIONS

“Activity” includes all recreational or competitive activities, attractions, events or services provided by the Releasees including, but not limited to, amazing races, ball hockey, basketball, badminton, benchball, bowling, canoeing, card games, curling, dancing, dodgeball, dragon boating, endball, handball, fitness class, floor hockey, football, gaelic football, golfing, handsoccer, ice hockey, water polo, kayaking, kickball, king’s court, lacrosse, mixed-martial arts, pickleball, paddling, rowing, rugby, running, sailing, soccer, softball, spikeball, spinning, squash, tennis, ultimate frisbee, volleyball, yoga and yard games.

“Activity Premises” means the area(s), facility(s), location(s), and venue(s) associated with the Activity.

“Releasor” means the activity participant signing this Agreement.

SECTION 2: ACKNOWLEDGMENT & ASSUMPTION OF RISKS – PLEASE READ CAREFULLY!

I AM AWARE THAT PARTICIPATING IN THE ACTIVITY INVOLVES MANY ASSOCIATED RISKS, DANGERS, AND HAZARDS, including but not limited to: slipping, tripping, and falling; changing weather conditions; variable and difficult terrain conditions; uneven and unmaintained terrain, roads, driveways, walkways, docks, stairs and ramps; marked and unmarked obstacles; failure of or hidden defects in equipment; negligent first-aid; negligence of other Activity participants, the Releasees, or the Releasor, including failure to follow applicable rules and procedures, and risks resulting from the NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF ANY STATUTORY DUTY OF CARE BY THE RELEASEES, and the failure by the Releasees to safeguard or protect me from, or warn me of, the Activity’s risks, dangers and hazards. I also understand that the other risks of participating in the Activity can include exposure to the elements; dim or no exposure to light; exposure to fire; exposure to natural and/or people-made objects; exposure to moving objects; exposure to pollution; exposure to infectious disease, bacteria, or virus, including but not limited to COVID-19, that results in physical distress, illness or death; as well as the risk of collision or impact with other Activity participants, spectators, competitors, course officials, equipment, objects, or vehicles; fatigue; intoxication; cold, sun or heat exposure; encounters with wildlife, poison ivy, or insects/rodents; loss of balance or control; and failure to act safely or within one’s own ability or to stay in designated areas.

I RECOGNIZE AND FREELY ACCEPT ALL RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH MY VOLUNTARY PARTICIPATION IN THE ACTIVITY AND ACCESS TO THE ACTIVITY PREMISES. I FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.

SECTION 3: RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT. THESE CONDITIONS WILL AFFECT YOUR LEGAL RIGHTS. - PLEASE READ CAREFULLY!

IN CONSIDERATION OF THE RELEASEES PERMITTING MY ACCESS TO THE ACTIVITY PREMISES AND PARTICIPATION IN THE ACTIVITY, and with full knowledge and understanding of the risks and dangers involved, I AGREE:

TO GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE, that arise or result from, in whole or in part, accessing the Activity Premises and/or participating in Activity thereon;
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, as a result of my participation in the Activity and access to the Activity Premises DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACT ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES THE FAILURE ON PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITY INCLUDING THOSE SPECIFICALLY REFERRED TO ABOVE;
TO INDEMNIFY, DEFEND AND HOLD HARMLESS the Releasees from any and all liability, including claims for contribution and indemnity, for any damage to property of or personal injury to myself, my family and/or next of kin, or any third party, resulting from the use of, or presence on, the Activity Premises including any activities undertaken thereon.
AGREEMENT BINDING– This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and representatives in the event of my death or incapacity;
JURISDICTION AND CHOICE OF LAW– This Agreement and any rights, duties, and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario and no other jurisdiction. Any litigation involving the parties to this Agreement shall be brought within the Province of Ontario and shall be within the exclusive jurisdiction of the Courts of the Province of Ontario;
SEVERABILITY– If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such determination shall not impair or affect the validity, legality or enforceability of the remaining provisions hereof, and each provision is hereby declared to be separate, severable and distinct;
NO OTHER REPRESENTATIONS– In entering this Agreement, I am not relying on any oral or written representation or statements made by the Releasees other than what is in this Agreement; and

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.

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I have read the Terms and Conditions and agree to be bound by them
I have read the above Agreement and agree to be bound by these terms
I have read SECTION 2 of the Agreement and agreee to be bound by these terms
I have read SECTION 3 of the Agreement and agreee to be bound by these terms

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