Terms of Use

Terms of Use

If you are registering for insurance membership and are 18 years of age or older, the following pertains:

ONTARIO DISC SPORTS ASSOCIATION (“ODSA”) and designated “Primary Group”
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
(FOR THOSE 18 YEARS OF AGE AND OLDER)

WARNING!
By signing this document you will waive certain legal rights, including the right to sue. Please read carefully.

This is a binding legal agreement. As a Participant in the programs, activities and events of Ontario Disc Sports Association (“ODSA”) and designated “Primary Group”, the undersigned acknowledges and agrees to the following terms:

Disclaimer
1. ODSA and designated “Primary Group”, their respective directors, officers, committee members, members, employees, coaches, volunteers, officials, referees, participants, agents, owner’s/operator’s of facilities, and representatives (collectively the “Association”) are not responsible for any injury, damage or loss of any kind suffered by a Participant during, or as a result of, any program, activity or event, caused in any manner whatsoever including, but not limited to, the negligence of the Association.

Description of Risks
2. In consideration of my participation in the programs, activities and events of the Association, I hereby acknowledge that I am aware of the risks and hazards associated with or related to any such programs activities and events. The risks and hazards include, but are not limited to, injuries from:

a) Vigorous physical exertion, strenuous cardiovascular workouts, rapid movements and quick turns and stops;
b) Executing strenuous and demanding physical techniques;
c) Exerting and stretching various muscle groups;
d) Dry land training including weights, running and massage;
e) Falling due to uneven or irregular terrain or surfaces;
f) Falling or colliding with the walls, fences, stands, equipment or with other participants;
g) Failure to properly use any piece of equipment or from the mechanical failure of any piece of equipment;
h) Extreme weather conditions which may result in heatstroke, sunstroke or hypothermia;
i) Contact, colliding, falling or being struck by other participants, spectators or equipment;
j) Spinal cord injuries which may render me permanently paralyzed;
k) Travel to and from competitive events and associated non-competitive events which are an integral part of the Association’s activities.

3. Furthermore, I am aware:

a) That injuries sustained can be severe;
b) That I may experience anxiety while challenging myself during the activities, events and programs;
c) That I may come into close contact with other participants, including the possibility of accidental and unexpected contact;
d) That my risk of injury is reduced if I follow all rules established for participation; and
e) That my risk of injury increases as I become fatigued.

Release of Liability
4. In consideration of the Association allowing me to participate, I agree:

a) That my physical condition has been verified by a medical doctor within the past twelve months;
b) To accept the responsibility for inspecting the applicable area, course or field on which I play in connection with the Association’s activities, events or programs and satisfying myself as to its safety.
c) To assume all risks arising out of, associated with or related to my participation;
d) To be solely responsible for any injury, loss or damage that I might sustain while participating; and
e) To release, waive and forever discharge the Association from liability for any and all claims, demands, actions, damages and costs that might arise out of my participating, even though such risks, injuries, loss, death, damage, claims, demands, actions or costs may have been caused by the negligence of the Association.

Acknowledgement
I acknowledge that I have read this waiver and consent agreement, that I have executed this agreement voluntarily, and that this agreement is to be binding upon myself, my heirs, executors, administrators and representatives.

By completing the registration form and clicking/checking the “I Accept” icon, you agree that you are to be bound by all that is contained in this Waiver and Legal Agreement even if you have not read the agreement.

If you are registering for insurance membership and are the parent or guardian of a participant under 18 years of age, the following pertains:

ONTARIO DISC SPORTS ASSOCIATION (“ODSA”) and designated “Primary Group”
PARTICIPATION AGREEMENT

By accepting this document you will waive certain legal rights, PLEASE READ CAREFULLY.

IN CONSIDERATION of allowing my minor child/ward to participate in the programs, activities and events of Ontario Disc Sports Association (“ODSA”) and designated “Primary Group”, I ASSURE TO YOU THAT:

1. I am the parent/guardian of the participant having full legal responsibility for decisions regarding the participant.

2. I believe that my minor/ward is physically, emotionally and mentally able to participate in the programs, activities and events of ODSA and designated “Primary Group”.

3. I hereby acknowledge that I am aware of the risks and hazards associated with or related to the programs, activities and events of ODSA and designated “Primary Group”. The risks and hazards include, but are not limited to injuries from:
a. Vigorous physical exertion, strenuous cardiovascular workouts, rapid movements and quick turns and stops;
b. Executing strenuous and demanding physical techniques;
c. Exerting and stretching various muscle groups;
d. Dry land training including weights, running and massage;
e. Falling due to uneven or irregular terrain or surfaces;
f. Falling or colliding with the walls, fences, stands, equipment or with other participants;
g. Failure to properly use any piece of equipment or from the mechanical failure of any piece of equipment;
h. Extreme weather conditions which may result in heatstroke, sunstroke or hypothermia;
i. Contact, colliding, falling or being struck by other participants, spectators or equipment;
j. Spinal cord injuries which may render me permanently paralyzed;
k. Travel to and from competitive events and associated non-competitive events.

4. Furthermore, I am aware that:
a. Injuries sustained to my child/ward can be severe;
b. My child/ward may experience anxiety while challenging himself/herself during the activities, events and programs;
c. My child/ward may come into close contact with other participants, including the possibility of accidental and unexpected contact;
d. My child/ward’s risk of injury is reduced if he/she follows all rules established for participation; and
e. My child/ward’s risk of injury increases as he/she becomes fatigued.

 I have read and accepte to be bound by paragraphs 1- 4.

I UNDERSTAND AND AGREE, on behalf of myself, my heirs, assigns, personal representatives and next of kin that my signing of this document constitutes that:

5. I am registering my child/ward willingly and my child/ward is participating voluntarily in these activities, events and programs.

6. I agree that there are risks as described above and my child/ward will be exposed to these risks and hazards.

7. I agree to accept all these risks and hazards and be responsible for any injury or other loss which my minor child/ward might receive while participating in these events, activities and programs.

8. If something happens to my child/ward, I release, waive and forever discharge the ODSA and designated “Primary Group” from responsibility and liability for any claims, demands, actions, damages and costs which might arise out of my child/ward’s participation. I understand OSDSA and designated “Primary Group” to mean: ODSA, designated “Primary Group” and their respective directors, officers, committee members, members, employees, coaches, volunteers, officials, referees, participants, agents, owners/operators of facilities, and representatives.

 I have read and accept to be bound by paragraphs 5- 8.
Acknowledgement
By entering your name as parent/guardian and clicking/checking the “I Accept” icon, you agree that you are the parent or legal guardian of the athlete being registered and to be bound by this Participation and Legal Agreement even if you have not read the agreement.

If you are registering for insurance and or basic membership as an adult or parent or guardian the following pertains:
CONSENT FOR USE OF PERSONAL INFORMATION AND PHOTO RELEASE

1. I, the participant and/or parent/guardian, authorize ODSA and designated “Primary Group” to collect and use personal information about me or my child/ward for the purpose of receiving communications from ODSA and designated “Primary Group” and posting articles of interest, newsletters, promotions, rosters, statistics, images and results on ODSA’s and designated “Primary Group’s” website.
2. Furthermore, I, the participant and/or parent/guardian, grant permission to ODSA and designated “Primary Group” to photograph and/or record my or my child/ward’s image and/or voice on still or motion picture film and/or audio tape, and to use this material to promote ODSA and designated “Primary Group” through the media of newsletters, websites, television, film, radio, print and/or display form. I understand that the audio/visual material and copyright will remain the sole property of ODSA and designated “Primary Group” and I waive any claim to remuneration for use of audio/visual materials used for these purposes.
3. I understand that I may withdraw such consent at any time by contacting ODSA’s or designated “Primary Group” Privacy Officer. The Privacy Officer will advise the implications of such withdrawal.

I have read and accept to be bound by paragraphs 1 -3.

*We do not sell or distribute your personal information to any other third party not listed herein.*

ACCEPTANCE OF TERMS AND CONDITIONS

In consideration of the acceptance of my or my child/ward’s membership in ODSA and designated “Primary Group” , I, the participant and/or parent/guardian, agree as follows:

4. To abide by the policies, rules and regulations of ODSA and designated “Primary Group”.
5. I have reviewed the waiver/participation agreement attached and my signature affixed hereto indicates my agreement with such waiver/participation agreement.
6. I accept sole responsibility for my or my child/ward’s personal possessions and athletic equipment.

I acknowledge that I have read this registration agreement in its entirety and that I have executed this registration agreement voluntarily.

By entering your information and clicking/checking the “I Accept” icon, you agree that you are to be bound by all that is contained in this Registration Form even if you have not read the agreement.

ONTARIO DISC SPORTS ASSOCIATION (“ODSA”)
ONLINE REGISTRATION AGREEMENT

Acceptance of Terms of this Agreement through Use
1. By completing the registration process and using the ODSA Online Registration System, you are indicating your consent to be bound by all of the terms and conditions of this Agreement. Please read this Agreement carefully as it sets forth your rights and obligations and the terms under which access is made available to the ODSA Online Registration System. If you do not agree to this Agreement, you may not access or use the ODSA Online Registration System.

Children
2. The ODSA Online Registration System is not intended for use by children, especially those under age 13. No one under age 13 is allowed to provide any personal information. To participate in activities or transactions where personal information is divulged, you must be 13 or older and by your use thereof, you represent and warrant that you are over the age of 13. Minors between the ages of 13 and 17 must get the permission of their parent(s) or legal guardian(s) before using the ODSA Online Registration System.

Registration Obligations
3. You undertake to provide true, accurate, current and complete information about yourself as prompted by the ODSA Online Registration System registration form (the “Registration Data”) and maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

Member Accounts, Password and Security
4. You will receive a password and account designation upon completing the registration process. You are responsible for protecting the secrecy of your password and for ensuring that no unauthorized access is obtained to the ODSA Online Registration System through your password. You will be solely responsible for activities conducted through your password whether authorized by you or not.

5. The ODSA Online Registration System is provided to you in your personal capacity as a member of the ODSA and you therefore agree not to share the ODSA Online Registration System and services with any other person or body.

6. You agree to immediately notify the ODSA of any unauthorized use of your password or account or any other breach of security and to ensure that you exit from your account at the end of each session.

7. If you forget your password, you can contact the ODSA by telephone and by satisfying such security checks as required, you will be given a new password to enable you use of the ODSA Online Registration System.

Description of Service
8. You will only access and use the ODSA Online Registration System for services that may include some or all of the following:
a. Registration for clubs, leagues, tournaments, competitions or events.
a. Reviewing or uploading schedules.
b. Reviewing or uploading standings, statistics and/or results.
c. Create/edit and delete your user account as required.
d. Purchasing products or services.

Leagues, Tournaments, Competitions and Events
9. You may registrar for a league, tournament, competition or event on the ODSA Online Registration System and agree that registration prices are determined by third parties as well as tournament, competition or event information is provided by third parties and any such errors or omissions of such information will not be the responsibility of the ODSA.

10. You agree that the third party organizing the league, tournament, competition or event will be responsible to honor, or cause to be honored, all registrations sold on the ODSA Online Registration System.

Conduct
11. You may not use the ODSA Online Registration System:
a. For the purposes of fraud or for any activity that contravenes the laws of Canada or any other applicable jurisdiction.
b. To engage in activities that cause or are likely to cause disruption or denial of service to any user of the ODSA Online Registration System.
c. To impersonate any other person.
d. To copy or extract information or content by the use of any automated device or process, such as a “bot” or a “spider,”.
e. To upload, post, e-mail or otherwise transmit:
i. Any content that is offensive, obscene, unlawful, threatening, abusive, harassing, defamatory, hateful, invasive of another’s privacy or otherwise objectionable.
ii. Material which is designed to cause annoyance, inconvenience, or needless anxiety to others;
iii. Infringes the patent, trademark, trade secret, copyright or other proprietary right of any other party;
iv. Any unsolicited or unauthorized advertising or commercial material, “junk mail”, “spam”, “chain letter”, “pyramid scheme” or any other form of solicitation.
v. Any material that contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or telecommunications equipment.

Disclaimer of Warranties
12. You expressly understand and agree that:
a. You accept all responsibility for your actions or inaction including the payment of all debts and liabilities.
b. Your use of the ODSA Online Registration System services is at your sole risk. The ODSA Online Registration System services are provided on an “as is” basis. The ODSA Online Registration System expressly hereby disclaims all warranties of any kind, whether express or implied, by statute or otherwise.
c. The ODSA Online Registration System made no warranty that:
i. The ODSA Online Registration System services will meet your requirements;
ii. The ODSA Online Registration System services will be uninterrupted, timely, secure or error free;
iii. The results that may be obtained from the use of the ODSA Online Registration System Services will be accurate or reliable; and
iv. Any errors in the ODSA Online Registration System services will be corrected.
d. Any material downloaded, printed or otherwise obtained through the use of the ODSA Online Registration System is done at your sole discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the downloading, printing or use of any such material.
e. In respect of your use of the ODSA Online Registration System that you will be bound by and adhere to this Agreement.

Fees and Payment
13. You acknowledge and agree to pay all ODSA Online Registration System costs and transaction fees as advertised on the ODSA Online Registration System.

Modification of Services
14. The ODSA Online Registration System reserves the right to modify, suspend or discontinue the services, or any portion thereof with or without notice to you. The ODSA Online Registration System will not be liable to you or any third party should it exercise its right to modify, suspend or discontinue services.

Intellectual Property Rights
15. The information, content, graphics, text, sounds, images, buttons, trademarks, service marks, trade names and logos contained on the ODSA Online Registration System are protected by copyright, trademark, database right and other intellectual property laws.

Privacy and Protection of Personal Information
16. The ODSA Online Registration System respects your right to privacy. By agreeing to the terms of this Agreement and providing the Registration Data for the purpose of completing the registration process you are providing the ODSA Online Registration System with personal information. This information will be used by the ODSA Online Registration System for the purpose for which it was provided by you, and for verification purposes, transactions, registration and statistical analysis. This information may also be useful to provide you with details of products, services, contests, competitions, camps or promotions being provided or run by the ODSA Online Registration System or any other of its associated organizations or any third party which we may select and which we may think may be of interest to you, unless you have otherwise specifically opted not to receive this information.

Limitation of Liability
17. To the fullest extent permitted by applicable law neither the ODSA or any of its directors, employees, affiliates or other representatives will not be liable for loss or damage arising out of or in connection with your use of, or your inability to use, the ODSA Online Registration System services and/or the goods or services offered through the ODSA Online Registration System, including, but not limited to, indirect or consequential loss or damage, loss of data, income, profit or opportunity, loss of or damage to property and claims with third parties, even if the ODSA Online Registration System has been advised of the possibility of such loss or damage, or if such loss or damage was reasonably foreseeable.

18. You agree to indemnify and hold harmless the ODSA and its respective directors, officers, consultants, agents and employees (collectively the “Indemnified Parties”) from and against any and all loss of, or damage to, property, or injuries to, or death of, any person or persons (collectively the “Losses”) and will defend, indemnify and hold harmless the Indemnified Parties, or any of them, from any and all claims, damages, suits, costs, expenses, liabilities, fines, obligations, penalties, demands, actions or proceedings of any nature or kind whatsoever (including, without limitation, reasonable legal fees and disbursements) of or by anyone whosoever (collectively the “Damages”), resulting from, or arising out of, directly or indirectly:

a. Any negligent act or omission or wilful misconduct of the Indemnified Parties;
b. Any breach of PIPEDA, term, obligation, requirement, covenant or condition of this Agreement on the part of you;
c. Any use of the ODSA Online Registration System;
d. Any breach of any terms of this Agreement or the infringement by you or any other person using your account or password, of any intellectual property or other right of any person or body; or
e. Any league, tournament, competition or event held or scheduled to be held by you or the failure of any league, tournament, competition or event to occur or to occur in the manner advertised or promoted by you.

Assignment
19. You may not assign, delegate or otherwise transfer any right or obligation under this Agreement except on the written consent of the ODSA.

Termination
20. Either you or the ODSA Online Registration System may terminate this Agreement with our without cause and without any notice at any time and effective immediately.

21. The ODSA will not be liable to you or any third party for termination of the ODSA Online Registration System and the removal and discarding of any material or content for any reason.

Notice
22. All notices to a party will be in writing and will be made either via e-mail or conventional mail. The ODSA may broadcast notices or messages through the ODSA Online Registration System to inform you of changes to this Agreement, the ODSA Online Registration System services or other matters that ODSA considers to be of importance. Such messages will constitute a notice to you.

Jurisdiction
23. The ODSA Online Registration System is established and operated in accordance with the laws of Canada and this Agreement will be interpreted in accordance with the laws of the Province of Ontario.

International Use
24. By choosing to access the ODSA Online Registration System from any location other than Canada, you accept full responsibility for compliance with all local laws that are applicable. The ODSA makes no representation that materials on the ODSA Online Registration System are appropriate or available for use in locations outside Canada, and accessing them from territories where their contents are illegal is prohibited. You may not use, export or re-export any materials from the ODSA Online Registration System in violation of any applicable laws or regulations, including, but not limited to, any Canadian export laws and regulations.

General
25. This Agreement constitutes the entire agreement between you and the ODSA and governs your use of the ODSA Online Registration System, superseding any prior agreements between you and the ODSA.

26. Your continued use of the ODSA Online Registration System constitutes affirmative acknowledgement by you of the terms and conditions of the Agreement, including without limitation, any modifications or changes thereto.

27. No failure or delay in enforcing any right or remedy in this Agreement will be construed as a waiver of any future exercise of such right or remedy.

28. You have sought or obtained, or have had the opportunity to seek and obtain, independent legal advice concerning the matters in this Agreement, and execute this Agreement knowingly and voluntarily.

29. If any portion of this Agreement is deemed by any court of competent jurisdiction to be illegal or unenforceable, then the remaining provisions of this Agreement will remain in full force and effect notwithstanding.