KELOWNA SPORT & SOCIAL CLUB LTD.

Voluntary Waiver of Right

2010

***By signing this Legal Document, you will waive your legal rights, including the right to sue****

PLEASE READ CAREFULLY

I, _________________ (the "Participant") has freely requested to be allowed to participate in sports and social events, including but not limited to dodge ball, floor hockey, volleyball, bowling, curling, soccer, basketball, ultimate frisbee, football, tournaments, practices, competition, and/or recreational sporting events hosted by KELOWNA SPORT & SOCIAL CLUB LTD. ("KSSC"), at facilities provided by KSSC.  The Participant understands that there are inherent risks involved in participating in sports, tournaments, events and participation with KSSC.  The Participant undertakes all of the risks, dangers, and hazards associated with participation in sports, and social events with KSSC, which includes but are not limited to, the risk of damage, severe bodily injuries, including death, medical treatment, and/or loss or damage to property.

The Participant voluntarily assumes full responsibility of personal injury, death, or property damage to his/herself and others associated with participation with KSSC.

In exchange for, and in consideration of the privilege of participation in the sports and social events, the Participant hereby acknowledges and agrees as follows:

The Participant agrees to RELEASE KSSC, its directors, officers, affiliates, trustees, employees, agents, volunteers and any other representatives (the "Releasees") from any and all liabilities, demands, claims, actions, suits, damages, and any other losses, costs, or expenses arising directly or indirectly, for any cause whatsoever, including negligence, breach of contract, breach of statutory duty of care, and personal injury, including but not limited to, physical, psychological damage, illness, death or from property damage which may be resulting from or arising out of participation with KSSC, including but not limited to, participating in sporting games, practices, competition, and travel to and from events hosted by KSSC.

The Participant agrees to INDEMNIFY AND HOLD HARMLESS the Releasees from any and all demands, claims, actions, suits, damages, losses, liabilities, cost and expenses, including the cost of defending any such claims, suits, demands, or actions, arising directly or indirectly from any cause whatsoever, against any of them by the Participant, or by any person injured or who suffered damage to person or property as a result of the Participant's actions, or arising out of the Participant's participation with KSSC, whether or not foreseeable, caused intentionally, negligently or willfully, or contributed to by the negligent acts or omissions of the Releasees.

The Participant will conduct him/herself in an appropriate manner and will fully comply with all rules, regulations, orders, directives and policies provided by the Releasees to the Participant in connection with any matter relating to their participation with KSSC. The Participant acknowledges and agrees that KSSC has sole discretion to determine if the Participant has satisfactorily complied with the rules, regulations, orders, directives and policies of KSSC, and if a Participant's actions are deemed detrimental to KSSC or any other participant, KSSC may impose sanctions on the Participant including by not limited to expulsion from KSSC, cancellation of membership, fines, and/or any costs incurred as a result of the Participant's detrimental actions.

The Participant acknowledges that he/she has the requisite skills, qualifications, physical ability and training necessary to properly and safely use the equipment, facilities, and to participate in KSSC sport or event.     The Participant agrees that if he or she has any questions as to what skills, qualifications, or training is necessary to properly use the equipment, facility, or participate in the sport or event, then he/she will direct such questions to the appropriate KSSC representative on site.

The Participant acknowledges that this Voluntary Waiver of Right will be effective and binding upon the Participant's heirs, next of kin, executors, administrators and representatives, in the event of the Participant's death or incapacity.

The Participant acknowledges and consents to the use of their name and image in broadcast, telecast or other media account of the event or sport for the promotional purposes of KSSC. 

The Participant acknowledges and agrees that they are at least eighteen years of age, fully competent, and entering into this Agreement voluntarily.

The Participant STATES that he/she has carefully read the foregoing Voluntary Waiver of Right and understands the contents thereof and signs the same of their own free act.  The Participant aggress that by signing below, they are waiving any legal rights they may have against the Releasees.

Date: _______________________

___________________________                                          __________________________

Participant's Name (Please Print)                                                   Witness Name (Please Print)

                                                                                        __________________________                                                __________________________                

Participant's Signature                                                                Witness Signature