Waiver for on team

Waiver and Acknowledgment

In consideration of the participation in and/or services associated with motionball for Special Olympics ("motionball"), the virtual Marathon of Sport or any associated or affiliated individuals or corporate persons, the undersigned hereby agrees as follows:

1. ACKNOWLEDGEMENT OF RISK FACTORS: I am aware and acknowledge that participating in the virtual instructed social and sporting activities offered by or associated with motionball's Virtual Marathon of Sport or services provided by such event, including, without limitation, virtually pre-recorded or live streamed instructed group games, exercises or activities exposes me (if I choose to participate) to many inherent risks, dangers and hazards, including, without limitation, the RISK OF PROPERTY DAMAGE, BODILY INJURY AND POSSIBLE DEATH. I am aware that the instructor cannot see me and may not be able to offer personalized instruction, and therefore I agree to assume full responsibility for any risks, injuries, or damages, known or unknown, which I might incur as a result of participating in motionball's Virtual Marathon of Sport.

I am aware and acknowledge that I am not obligated to attend an in-person event in order to participate in motionball’s Virtual Marathon of Sport. However, should I choose to participate in motionball’s Virtual Marathon of Sport via an in-person event organized by motionball through its Event Directors, I acknowledge that I am aware that motionball is taking prudent steps, in accordance with local health and government authority guidelines, to impose and enforce appropriate protocols to keep participants safe at all in-person events, but there can be no assurances that COVID-19 will not be contracted by any participants. When guidelines, as set out by local health and government authorities in your area, allow for participation in an in-person event, physical distancing and other health guideline requirements (For example, mandatory masks) must be adhered to by all participants at an in-person event. Attendance at an in-person event is a risk that each participant must assess for themselves, and if they choose to attend an in-person event, they take the risk of either contracting COVID-19 or transmitting it to others. By clicking the "I acknowledge and agree" button below and attending an in-person event, participants agree to release and waive all claims against motionball and its directors, officers, agents, employees, contractors, affiliates, representatives and volunteers from any and all liability that they or any of them may have, for any personal injury, death, property damage or loss, sustained by a participant or anyone in the participant's household in connection with or as a result of their attendance at an in-person event due to exposure to COVID- 19.

2. ASSUMPTION OF RISK: By engaging in any activities offered by or associated with Motionball's Virtual Marathon of Sport, I freely accept and fully assume all inherent risks, dangers and hazards and the possibility of personal injury, death, property damage or loss resulting not only from the activity itself but which might result from the acts of others or from the unavailability of emergency medical care.

3. RELEASE OF LIABILITY - WAIVER OF CLAIMS & INDEMNITY AGREEMENT: In consideration of motionball permitting members of my household or organization to participate in motionball's Virtual Marathon of Sport, its activities, and exercises, I hereby agree as follows:

a) To waive any and all claims that I have or may in the future have against motionball and its directors, officers, employees, volunteers, agents, and representatives;

b) To release motionball and its directors, officers, employees, volunteers, agents and representatives from any and all liabilities, including, without limitation, any claim, loss, damage, injury or expense that I may suffer or that members of my household or organization may suffer, as a result of my participation in activities and exercises offered by motionball's Virtual Marathon of Sport, due to any cause whatsoever, including, without limitation, negligence, breach of contract, breach of statutory duty of care on the part of motionball and its directors, officers, employees, volunteers, agents and representatives.

I have read and understood this Waiver and Acknowledgment prior to clicking the "I Agree" button. I am aware that, by accepting this Waiver and Acknowledgment, I am waiving certain legal rights which I or any heirs, next of kin, executors, trustees, legal representatives, administrators and assigns may have against motionball and its directors, officers, employees, volunteers, agents and representatives.

To agree to the terms of this Waiver and Acknowledgment, please click the 'Agree To Waiver' button.

Participant COVID-19 Declaration, Waiver, Release from Liability and Assumption of Risk Form

PLEASE READ CAREFULLY! YOU MUST SIGN THIS DOCUMENT BEFORE YOU PARTICIPATE IN ANY MOTIONBALL FOR SPECIAL OLYMPICS PROGRAMMING OR EVENTS.

BY COMPLETING THIS AGREEMENT, YOU ARE GIVING UP LEGAL RIGHTS INCLUDING THE RIGHT TO SUE.

In consideration of Motionball for Special Olympics ("motionball") permitting the individual named below ("I" or "me" or “Participant”) to participate in the Motionball Marathon of Sport, its activities and sports, programming, events or related activities, permitting me the use of its equipment and of its facilities (the “Activities”), and for other good and valuable consideration, I agree to all the terms and conditions set forth in this Declaration, Waiver, Release from Liability and Assumption of Risk Form (this "Agreement").

The novel coronavirus ("COVID-19"), has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is known to spread mainly by contact from person to person. motionball is permitting the Participant to participate in the Activities based on the Participant’s assurances to motionball, and to the other participants, contained in this document. Any false statements could result in personal legal liability to the Participant.

COVID-19 can be transmitted by asymptomatic people and accordingly the statements made by other participants cannot provide certainty that the virus will not be transmitted. motionball is taking prudent steps to impose and enforce appropriate protocols to keep staff and participants safe, but there can be no assurances that the virus will not be contracted by you, staff or other participants. This is a risk that each participant must assess for themselves, and if they choose to participate, they take the risk of either contracting the virus or transmitting it to others.

By clicking the “I Agree” checkbox below, completing and submitting this Agreement, the Participant is confirming that they agree with and declare the following:

I hereby declare that I acknowledge the highly contagious nature of COVID-19 and I voluntarily assume the risk that I could be exposed or infected by COVID-19 by participating in the Activities. I further acknowledge that participating in the Activities could increase my risk of contracting COVID-19, despite all preventative measures put in place. I further acknowledge that being exposed or infected by COVID-19 may particularly lead to death, injuries, diseases or other illnesses.

I hereby declare that I or anyone in my household has not experienced any cold or flu-like symptoms in the last 14 days (including fever, cough, sore throat, respiratory illness or difficulty breathing). If I or anyone in my household experience any cold or flu-like symptoms after submitting this Agreement, including within 14 days of the date upon which the Activities take place, then I will then not participate in the Activities. This Agreement will remain in effect until motionball declares the requirements in this Agreement are no longer in effect.

I agree to comply, at all times, with the public health regulations, requirements and recommendations of Federal, Provincial, Municipal and all other governmental authorities as well as with all public health and safety protocols implemented by motionball as it relates to Covid-19 (the “Protocols”). I understand that compliance with the Protocols is compulsory.

I agree to release and waive all claims against motionball and its directors, officers, agents, employees, contractors, representatives, affiliates, its affiliates directors, officers, agents, employees, contractors, and representatives from any and all liability that they or any of them may have, for any personal injury, death, property damage or loss, sustained by me a or anyone in my household in connection with or as a result of my participation in the Activities due to exposure to COVID- 19.

I will indemnify and hold motionball and its directors, officers, agents, employees, contractors, affiliates and representatives (the “Indemnitees”) harmless from any and all losses, liabilities, obligations, claims, contingencies, damages, reasonable costs and expenses, that Indemnitees may suffer or incur as a result of or relating to any untrue statement contained in this Agreement.

I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE THE MOTIONBALL AND THE INDEMNITIEES.

To agree to the terms of this Waiver and Acknowledgment, please click the 'Agree To Waiver' button.