Fall/Winter 2023/2024
REGISTRATION & Training Details

IFSOE WAIVER & TERMS AND CONDITIONS

Please read carefully.

This is a binding legal agreement. Clarify any questions or concerns before signing. As a Participant in activities, programs, classes, services provided and events sponsored or organized by IFSOE & Ontario Soccer and its affiliated districts, leagues, clubs and teams and the sport of soccer, 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, orientational or instructional sessions or lessons, aerobic and anaerobic conditioning programs (collectively the “Activities”), the undersigned acknowledges and agrees to the following terms outlined in this agreement:

DISCLAIMER

IFSOE & Ontario Soccer, its affiliated districts, leagues, clubs and teams, and their respective directors, officers, committee members, members, employees, coaches, volunteers, officials, participants, agents, independent contractors, subcontractors, sponsors, owners/operators of the facility in which the Activities take place, , successors and assigns, and representatives (the “Organization”) are not responsible for any injury, property damage, expense, loss of income, damage or loss of any kind suffered by a Participant during, or as a result of, the Activities, caused in any manner whatsoever including, but not limited to, the negligence of the Organization.

DESCRIPTION OF RISKS

I understand and acknowledge that:

1. 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;
2. The Organizations may offer or promote online programming (such as webinars, remote conferences, workshops, and online training) which have different foreseeable and unforeseeable risks than in-person programming;
3. The Organizations have a difficult task to ensure safety and it is not infallible. The Organizations may be unaware of my fitness or abilities, may misjudge weather or environmental conditions, may give incomplete warnings or instructions, and the equipment being used might malfunction; and
4. The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization and COVID-19 is extremely contagious. The Organizations have put in place preventative measures to reduce the spread of COVID-19; however, the Organizations cannot guarantee that the Participant will not become infected with COVID-19. Further, attending the Activities could increase your risk of contracting COVID-19.

I am participating voluntarily in the Activities. In consideration of my participation, I hereby acknowledge that I am aware of the risks, dangers and hazards associated with or related to the Activities which could result in damage, loss, serious physical injury, or death. The risks, dangers and hazards include, but are not limited to, injuries from:

1. 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, COVID-19, bacteria, parasites or other organisms or any mutation thereof.
2. Premises: defective, dangerous or unsafe condition of the facilities; falls; collisions with objects, walls, equipment or persons; dangerous, unsafe, or irregular conditions on grass, turf or other surfaces, extreme weather conditions; travel to and from premises.
3. Use of Equipment: mechanical failure of the equipment; negligent design or manufacture of the equipment; the provision of or the failure by the Organizations 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.
4. Contact: contact with soccer balls, other equipment, poles, stands, soccer equipment, nets, fences, or other persons, whether intentional or unintentional, is a common part of soccer programs, and may lead to serious bodily injury, including but not limited to concussions and/or other brain injury, or serious spinal injury.
5. Advice: negligent advice regarding soccer programs.
6. Ability: Failing to act safely or within my own ability or within designated areas.
7. Sport: the game of soccer and its inherent risk.
8. Cyber: privacy breaches, hacking, technology malfunction or damage.
9. Conduct: My conduct and conduct of other persons including any physical altercation between soccer participants.
10. Travel: Travel to and from the Activities.
11. Negligence: My negligence and negligence of other persons, including NEGLIGENCE ON the PART OF THE ORGANIZATIONS, may increase the risk of damage, loss, personal injury or death. I understand that the Organizations may fail to safeguard or protect me from the risks, dangers and hazards of soccer programs, some of which are referred to above.

TERMS

In consideration of the Organizations allowing me to participate in the Activities, I agree:

1. That my mental and physical condition is appropriate to participate in the Activities and I assume all risks related to my mental or physical condition;
2. That when I practice or train in my own space, I am responsible for my surroundings and the location and equipment that I select;
3. To comply with the rules and regulations for participation in the Activities;
4. To comply with the rules of the facility or equipment;
5. That if I observe an unusual significant hazard or risk, I will remove myself from participation and bring such to the attention of a The Organizations representative immediately;
6. The risks associated with the Activities are increased when I am impaired, and I agree not to participate if impaired in any way;
7. That it is my sole responsibility to assess whether any Activities are too difficult for me. By commencing an Activity, I acknowledge and accept the suitability and conditions of the Activity;
8. That I am responsible for my choice of protective equipment and the secure fitting of that equipment; and
9. That COVID-19 is contagious in nature and I may be exposed to or infected by COVID-19 and such exposure may result in personal injury, illness, permanent disability or death and voluntarily agree to assume all the foregoing risks.

RELEASE OF LIABILITY AND DISCLAIMER

In consideration of the Organizations allowing me to participate in the Activities, use its equipment and facilities, I agree:

1. That the sole responsibility for my safety remains with me;
2. To ASSUME all risks arising out of, associated with or related to my participation;
3. That I am not relying on any oral or written statements made by the Organizations or its agents, whether in a brochure or advertisement or in individual conversations, to agree to be involved in the Activities;
4. To WAIVE any and all claims that I may have now or in the future against the Organizations;
5. To freely ACCEPT AND FULLY ASSUME all such risks and possibility of personal injury, death, property damage, expense and related loss, including loss of income, resulting from my participation in the activities, events and programs of the Organizations;
6. To FOREVER RELEASE AND INDEMNIFY the Organizations 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 I have or may have in the future, that might arise out of, result from, or relate to my participation in the Activities, even though such Claims may have been caused by any manner whatsoever, including but not limited to, the negligence, gross negligence, negligent rescue, omissions, carelessness, breach of warranty, breach of contract and/or breach of any statutory duty of care of the Organizations;
7. TO HOLD HARMLESS AND INDEMNIFY the Organizations from any and all liability for any damage, loss, expense or injury to any third party resulting from my participation in the Activities;
8. To FOREVER RELEASE AND INDEMNIFY the Organizations relating to becoming exposed to or infected by COVID-19 which may result from the actions, omission or negligence of myself and others, including but not limited to the Organizations;
9. That the Organizations are not responsible or liable for any damage to my vehicle, property, or equipment that may occur as a result of the Activities;
10. That negligence includes failure on the part of the Organizations to take reasonable steps to safeguard or protect me from the risks, dangers and hazards associated with the Activities; and
11. This release, waiver and indemnity 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

I agree that in the event that I file a lawsuit against the Organizations, I agree to do so solely in the Province of Ontario, Canada and further agree that the substantive law of Ontario will apply without regard to conflict of law rules. I further agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.

CANCELLATION POLICY:

We may cancel any IFSOE soccer school session at any time for any reason. We will make commercially reasonable efforts to keep the schedule as it has been published; however, the final schedule may vary due to factors beyond our control. We may in our sole discretion substitute services or goods of similar quality for any service or good stated in the schedule. If an IFSOE soccer school session is cancelled we will not be liable for any other costs, damages, or refunds of any kind for any loss, delay, inconvenience, disappointment, or expense whatsoever in such circumstances.

ATHLETICS RELEASE:

I hereby acknowledge that playing or practicing soccer is a potentially hazardous activity. I agree that the participant is voluntarily entering and assuming all risks associated with participating in those activities, including but not limited to falls, contacts with other participants, the effects of weather including heat and or humidity, and the conditions of the

training grounds and facilities, all risks being understood and appreciated by me. Having read this waiver, and knowing these facts, and in consideration of IFSOE Acceptance of this application, I hereby waive and release IFSOE and its officers, directors, agents, contractors, employees, instructors, trainers, volunteers, members, representatives and all affiliated and related companies from all claims and liabilities of any kind arising out of the participant involvement in soccer playing, practicing, or training, while registered as a participant and participating in any and all IFSOE sanctioned activities, events, practice sessions or social activities at any location (notwithstanding the location where the participant originally registered) (all hereafter collectively referred to as IFSOE Activities, including injury, loss or damage which might be caused by the negligence of IFSOE. The participant acknowledges that he/she is aware of the possible risks, dangers and hazards associated with participation in IFSOE’s activities, including all manner of injuries resulting in muscular injuries and soft tissue injuries including bruises, scrapes, cuts, etc., from executing strenuous and demanding physical techniques, collisions with the wall, floor, ground contact with other participants or equipment used by other participants and failure in proper use of the equipment or techniques either by the participant or other participants; and the possible risk of severe or fatal injury to the participant or others. The participant acknowledges that the participant risk of injury increases as the participant becomes fatigued. The participant further acknowledges that such risks may be caused by the participant own actions or inactions, the action or inactions of others participating in IFSOE activities, the condition in which the IFSOE activities take place, or the negligence of IFSOE. The participant acknowledges that there may be other risks and social and economic losses either not known to the participant or not reasonably foreseeable at this time.

GENERAL RELEASE:

In consideration of IFSOE allowing the participant or the undersigned minor child membership and participation in the IFSOE Activities, The undersigned agrees: (i) to waive any and all claims that the undersigned or the participant has or may have in the future against IFSOE Inc, its officers, directors, agents, contractors, employees, instructors, trainers, volunteers, members and representatives as a result of the undersigned or minor child membership and/or participation in the IFSOE activities; (ii) to release, hold harmless and indemnify IFSOE from any and all liability from any loss, damage, injury or expense that the participant may suffer, or that the participant next of kin may suffer as a result of the participant membership and/or participation in the IFSOE activities 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 (Ontario), on the part of IFSOE; and (iii) to release, indemnify and hold harmless any affiliated IFSOE company, partnership or other person affiliated with IFSOE including those persons which own property used for IFSOE activities (collectively, a Related Third Party), and each of their respective IFSOE WAIVER & TERMS AND CONDITIONS directors, officers, agents, contractors, employees, instructors, trainers, volunteers, members and representatives from any and all claims, demands, actions and costs which might arise out of the participants membership and/or participation in the IFSOE activities, even though such claims, demands, actions and costs may have been caused by the negligence of such Related Third Party).

NO REPRESENTATION:

Medical Qualifications: I confirm that I have been advised that IFSOE does not represent that IFSOE or any employees or contractors have any level of medical training that would provide assistance to an injured person. Moreover, IFSOE does not maintain medical equipment or apparatus (including but not limited to defibrillators or Epi-pens) which could

assist an injured or ill person. In the event that IFSOE is provided with any medical apparatus by or on behalf of a participant in IFSOE’s activities, IFSOE makes no representation or warranty that any IFSOE staff or personnel have the skill or training to operate such medical apparatus appropriately to assist any person or to prevent further injury. I acknowledge that I am solely responsible to select and purchase adequate medical/health and travel insurance. No medical/health or travel insurance will be provided by IFSOE In the event of a medical/health or travel related problem, IFSOE accepts no responsibility for any costs or damages associated with a medical/health or travel related problem nor will IFSOE pay for any medical/health or travel related expenses, which may be incurred by my participation in the IFSOE activities.

PHOTOGRAPHY AND MEDIA:

I hereby authorize IFSOE to allow the reproduction, dissemination, and/or publication of my name and/or likeness (or those of my minor child) for media coverage, public relations, advertising, marketing or any other IFSOE promotional or educational purposes. This may be done in conjunction with my participation in any IFSOE activity and I understand and agree that I may neither pay a fee to receive individual promotional consideration from my participation in the IFSOE activities, nor will I receive any payment for the possible commercial use of my name or likeness.

LIABILITIES:

We assume no responsibility for any personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be occasioned either by reason (1) any act or omission of any of the suppliers (2) any matter beyond our exclusive control including but not limited to a delay or cancellation of a flight that causes you to miss any

portion of the IFSOE soccer school. We have no special knowledge regarding the financial condition of the Suppliers, unsafe conditions, health hazards, weather hazards, or climate extremes at the soccer school locations. We may exclude you from participating in all or any part of the IFSOE soccer school if, in our sole discretion, your condition or behavior renders you unfit for the IFSOE soccer school or unfit for continuation once the IFSOE soccer school has begun. Unfitness may include, without limitation, any behavior that, regardless of its cause, is inappropriate or offensive or interferes with the delivery of IFSOE’s services, or may constitute a hazard or embarrassment. In such case, our liability shall be strictly limited to a refund of the recoverable cost of any unused portion of the IFSOE soccer school. Should you decide not to participate in certain parts of the IFSOE soccer school or use certain goods included in the IFSOE soccer school, no refunds will be made for those unused parts of the IFSOE soccer school or goods. You agree to indemnify and hold us harmless from and against any costs, damages, losses, or liabilities arising out of your actions or omissions.

ACKNOWLEDGEMENT

I acknowledge that I have read and understand this agreement, that I have executed this agreement voluntarily, and that this agreement is to be binding upon myself, my heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legal or personal representatives. I further acknowledge by signing this agreement I have waived my right to maintain a lawsuit against the Organization on the basis of any claims from which I have released herein.

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

By accepting, you agree to all of the following terms and conditions pursuant to which International Football School of Excellence Inc. (IFSOE) , an Ontario corporation. These terms and conditions apply to the IFSOE soccer schools named on the Registration and Payment Form. By execution of this Participant Agreement, you are acknowledging

limiting terms and conditions waiving certain rights at law that otherwise might be available to you. Reservations: A completed payment fee per participant, depending on the program chosen (except when otherwise noted in writing by us) and a completed Reservation Form are required with this Participant Agreement to reserve space for the IFSOE soccer schools.