2020 Umpire Waiver


Baseball Ontario and Burlington Organized Minor Baseball Association Waivers (2020/2021)

Please note there are several sections to this document. Please read in its entirety to the end. 

All Participants - Declaration of Compliance - COVID19 WARNING! ALL INDIVIDUALS ENTERING THE FACILITY AND/OR PARTICIPATING IN SANCTIONED ACTIVITIES MUST COMPLY WITH THIS DECLARATION

Baseball Ontario and its affiliated associations, local associations, clubs, and leagues (collectively the "Organization") require the disclosure of exposure or illness is in order to safeguard the health and safety of all participants and limit the further spread of COVID-19. This Declaration of Compliance will be kept safely, and personal information will not be disclosed unless as required by law or with your consent.
An individual (or the individual's parent/guardian, if the individual is younger than 18 years old) who is unable to agree to the terms outlined in this document is not permitted to enter the Organization's
facilities or participate in the Organization's activities, programs, or services.

I, the undersigned being the individual named above and the individual's parent/guardian (if the individual is younger than 18 years old), hereby acknowledge and agree to the terms outlined in this document:

  1. The coronavirus disease COVID-19 has been declared a worldwide pandemic by the World Health Organization and COVID-19 is extremely contagious. The Organization has put in place preventative measures to reduce the spread of COVID-19 and requires all individuals (or their parent/guardian, when applicable) to adhere to the compliance standards described in this document. 
  2. The individual has not been diagnosed with COVID-19. OR If the individual was diagnosed with COVID-19, the individual was cleared as noncontagious by provincial or local public health authorities.
  3. If the individual is a front-line worker (such as hospital staff, long term care staff, or other individual who interacts with individuals who have confirmed or suspected cases of COVID-19), the individual
    has worn proper and approved Personal Protective Equipment at all times whenever they interacted with an individual who has a confirmed or suspected case of COVID-19 in the last 14 days. 
  4. If the individual is not a front-line worker, or other individual who interacts with individuals who have confirmed or suspected cases of COVID-19, they have not been exposed to a person with a confirmed or suspected case of COVID-19 in the last 14 days.
  5. The individual is attending or participating voluntarily and understands the risks associated with COVID-19. The individual (or the individual's parent/guardian, on behalf of the individual (when applicable)) agrees to assume those risks, including but not limited to exposure and being infected.
  6. The individual has not, nor has anyone in the individual's household, experienced any signs or symptoms of COVID-19 in the last 14 days (including fever, new or worsening cough, fatigue, chills and body aches, respiratory illness, difficulty breathing, nausea, vomiting or diarrhea, pink eye, or loss of taste or smell).
  7.  If the individual experiences, or if anyone in the individual's household experiences, any signs or symptoms of COVID-19 after submitting this Declaration of Compliance, the individual will immediately isolate, notify the Organization, and not attend any of the Organization's facilities, activities, programs or services until at least 14 days have passed since those symptoms were last experienced.
  8. The individual has not, nor has any member of the individual's household, travelled to or had a lay-over in any country outside Canada, or in any province outside of Ontario in the past 14 days. If the individual travels, or if anyone in the individual's household travels, outside of Ontario after submitting this Declaration of Compliance, the individual will not attend any of the Organization's facilities, activities, programs or services until at least 14 days have passed since the date of return.
  9. The individual is following recommended guidelines, including but not limited to, practicing physical distancing, trying to maintain separation of six feet from others, adhering to recognized hygiene best practices, and otherwise limiting exposure to COVID-19.
  10. The individual will follow the safety, physical distancing and hygiene protocols of the Organization.
  11. The individual will bring their own personal items and personal equipment (such as water bottles, bags, towels, etc.) at their discretion and will not share their personal items or equipment with other individuals.
  12. This document will remain in effect until the Organization, per the direction of the provincial government and provincial health officials, determines that the acknowledgements in this Declaration of Compliance are no longer required.
  13. The Organization may remove the individual from the facility or from participation in the activities, programs or services of the Organization at any time and for any reason if the Organization believes, in its sole discretion, that the individual is no longer in compliance with any of the standards described in this document.

Participants younger than 18 years old - Section BELOW is for parents/guardians of Participants who are younger than 18 years old. If 18 years or older, skip to next section.

Baseball Ontario Informed Consent and Assumption of Risk Agreement (To be executed by parents/guardians of Participants who are younger than 18 years old) WARNING! Please read carefully! By signing this document, you will assume certain risks and responsibilities. **If you are 18 years old or older, skip to the next section titled “BASEBALL ONTARIO RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT”.

  1. This is a binding legal agreement. Clarify any questions or concerns before signing. Prior to participating, an individual who is younger than the age of majority and who wants to participate in the sport of baseball and the activities, programs, classes and services provided by, and/or in the events sponsored or organized by Baseball Ontario and its affiliated associations, local associations, clubs, and leagues which may include but is not limited to: competitions, tournaments, practices, training, personal or strength training, dry land training, training using machines or weights, nutritional and dietary programs, orientational or instructional sessions or lessons, and aerobic and anaerobic conditioning programs (collectively the "Activities") must have their legal parent/guardian ("the Parties") acknowledge and agree to the terms outlined in this agreement.
  2. The undersigned acknowledges and agrees that they are a parent/guardian of the Participant and have full legal responsibility for the decisions of the Participant.
  3. Disclaimer - Baseball Ontario and its affiliated associations, local associations, clubs, leagues and their respective Directors, Officers, committee members, members, employees, coaches, volunteers, officials, participants, agents, sponsors, owners/operators of the facilities in which the Activities take place, and representatives (collectively the "Organization") are not responsible for any injury, property damage, death, expense, loss of income, damage or loss of any kind suffered by the Participant during, or as a result of, the Activities.

We have read and agree to be bound by paragraphs 1 to 3.

  1. Description and Acknowledgement of Risks - The Parties understand and acknowledge that:

a) 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

b) The Organization 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

c) The Organization has a difficult task to ensure safety and it is not infallible. the Organization may be unaware of the Participant's fitness or abilities, may give incomplete warnings or instructions, may misjudge weather or environmental conditions, and the equipment being used might malfunction

d) (COVID-19) The COVID-19 disease has been declared a worldwide pandemic by the World Health Organization and COVID-19 is extremely contagious. The Organization has put in place preventative measures to reduce the spread of COVID-19; however, the Organization cannot guarantee that the Participant will not become infected with COVID-19. Further, participating in the Activities could increase the Participant's risk of contracting COVID-19.

5. The Participant is participating voluntarily in the Activities. In consideration of that participation, the Parties hereby acknowledge that they are aware of the risks, dangers and hazards and may be exposed to such risks, dangers and hazards. The Parties understand that the Organization may fail to safeguard or protect the Participant from the risks, dangers and hazards of the Activities, some of which are listed below. The risks, dangers and hazards include, but are not limited to:

a) 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; sprains and fractures, spinal cord injuries, 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

b) Premises: defective, dangerous or unsafe condition of the facilities; falls; collisions with objects, fences, sprinklers, equipment or persons; dangerous, unsafe, or irregular conditions the grass, diamond, or other surfaces; extreme weather conditions and lightning; and travel to and from the premises

c) Use of equipment: mechanical failure of the equipment; negligent design or manufacture of the equipment; the provision of or the failure by the Organization to provide any warnings, directions, instructions or guidance as to the use of the equipment; failure to wear safety or protective equipment; and failure to use or operate equipment within the Participant's own ability

d) Contact: contact with fences, bleachers, the ground, bases, bats, balls, other equipment, vehicles, or other persons; and other contact that may lead to serious bodily injury, including but not limited to concussions and/or other brain injury or serious spinal injury

e) Advice: negligent advice regarding the Activities

f) Ability: failing to act safely or within the Participant's own ability or within designated areas

g) Sport: the sport of baseball and its inherent risks, including but not limited to being hit by the ball or a bat, injuries incurred while running or sliding, collision with umpires or other participants, slipping on or tripping over a base, and entering or leaving the dugout area, bullpen, batting cage, or bleachers

h) Cyber: privacy breaches; hacking; and technology malfunction or damage

i) Conduct: the Participant's conduct and conduct of other persons including any physical altercation between participants

j) Travel: travel to and from the Activities

We have read and agree to be bound by paragraphs 4 and 5

  1. Terms - In consideration of the Organization allowing the Participant to participate in the Activities, the Parties agree:

a) That when the Participant practices or trains in their own space, the Parties are responsible for the Participant's surroundings and the location and equipment that is selected for the Participant

b) That the Participant's mental and physical condition is appropriate to participate in the Activities and the Parties assume all risks related to the Participant's mental and physical condition

c) To comply with the rules and regulations for participation in the Activities

d) To comply with the rules of the facility or equipment

e) That if the Participant observes an unusual significant hazard or risk, the Participant will remove themselves from participation and bring their observations to a representative of the Organization immediately

f) The risks associated with the Activities are increased when the Participant is impaired and the Participant will not participate if impaired in any way;

g) That it is their sole responsibility to assess whether any Activities are too difficult for the Participant. By the Participant commencing an Activity, they acknowledge and accept the suitability and conditions of the Activity 

h) That they are responsible for the choice of the Participant's safety or protective equipment and the secure fitting of that equipment

i) (COVID-19) That COVID-19 is contagious in nature and the Participant may be exposed to, or infected by, COVID-19 and such exposure may result in personal injury, illness, permanent disability, or death

7. In consideration of the Organization allowing the Participant to participate, the Parties agree:

a) That the Parties are not relying on any oral or written statements made by the Organization or their agents, whether in brochure or advertisement or in individual conversations, to agree to participate in the Activities

b) That the Organization is not responsible or liable for any damage to the Participant's vehicle, property, or equipment that may occur as a result of the Activities

c) That this Agreement 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

8. The Parties agree that in the event that they file a lawsuit against the Organization, they agree to do so solely in the Province of Ontario and they further agree that the substantive law of the Province of Ontario will apply without regard to conflict of law rules.

We have read and agree to be bound by paragraphs 6 to 8

  1. Acknowledgment -  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, guardians, next of kin, executors, administrators and legal or personal representative.

Participants 18 years and older - Section BELOW is for Participants who are 18 years old and older

BASEBALL ONTARIO RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT (To be executed by Participants who are 18 years old and older) WARNING! Please read carefully! By signing this document, you will waive certain legal rights - including the right to sue.

  1. This is a binding legal agreement. Clarify any questions or concerns before signing. Prior to participating, an individual who is the age of majority or older and who wants to participate in the sport of baseball and the activities, programs, classes and services provided by, and/or in the events sponsored or organized by Baseball Ontario and its affiliated associations, local associations, clubs, and leagues which may include but is not limited to: competitions, tournaments, practices, training, personal or strength training, dry land training, training using machines or weights, nutritional and dietary programs, orientational or instructional sessions or lessons, and aerobic and anaerobic conditioning programs (collectively the "Activities") must acknowledge and agree to the terms outlined in this agreement.
  2. Disclaimer - Baseball Ontario and its affiliated associations, local associations, clubs, leagues, and their respective Directors, Officers, committee members, members, employees, coaches, volunteers, officials, participants, agents, sponsors, owners/operators of the facilities in which the Activities take place, and representatives (collectively the "Organization") are not responsible for any injury, personal injury, damage, property damage, expense, loss of income 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.

I have read and agree to be bound by paragraphs 1 and 2.

  1. Description and Acknowledgement of Risks

I understand and acknowledge that:

a) 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

b) The Organization 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

c) The Organization has a difficult task to ensure safety and it is not infallible. The Organization 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

d) (COVID-19) The COVID-19 disease has been declared a worldwide pandemic by the World Health Organization and is extremely contagious. The Organization has put in place preventative measures to reduce the spread of COVID-19; however, the Organization cannot guarantee that I will not become infected with COVID-19. Further, participating in the Activities could increase my 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. I understand that the Organization may fail to safeguard or protect me from the risks, dangers and hazards of the Activities, some of which are listed below. The risks, dangers and hazards include, but are not limited to:

a) 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; sprains and fractures, spinal cord injuries, 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

b) Premises: defective, dangerous or unsafe condition of the facilities; falls; collisions with objects, fences, sprinklers, equipment or persons; dangerous, unsafe, or irregular conditions on the grass, diamond, or other surfaces; extreme weather conditions and lightning; and travel to and from the premises

c) Use of equipment: mechanical failure of the equipment; negligent design or manufacture of the equipment; the provision of or the failure by the Organization to provide any warnings, directions, instructions or guidance as to the use of the equipment; failure to wear safety or protective equipment; and failure to use or operate equipment within my own ability

d) Contact: contact with fences, bleachers, the ground, bases, bats, balls, other equipment, vehicles, or other persons; and other contact that may lead to serious bodily injury, including but not limited to concussions and/or other brain injury or serious spinal injury

e) Advice: negligent advice regarding the Activities

f) Ability: failing to act safely or within my own ability or within designated area

g) Sport: the sport of baseball and its inherent risks, including but not limited to being hit by the ball or a bat, injuries incurred while running or sliding, collision with umpires or other participants, slipping on or tripping over a base, and entering or leaving the dugout area, bullpen, batting cage, or bleachers

h) Cyber: privacy breaches; hacking; and technology malfunction or damage

i) Conduct: my conduct and conduct of other persons including any physical altercation between participants

j) Travel: travel to and from the Activities

k) Negligence: my negligence and negligence of other persons, including NEGLIGENCE ON THE PART OF THE ORGANIZATION, which may increase the risk of damage, loss, personal injury or death

I have read and agree to be bound by paragraphs 3 and 4

  1. Terms- In consideration of the Organization allowing me to participate in the Activities, I agree:

a) That when I practice or train in my own space, I am responsible for my surroundings and the location and equipment that I select

b) That my mental and physical condition is appropriate to participate in the Activities and I assume all risks related to my mental and physical condition

c) To comply with the rules and regulations for participation in the Activities

d) To comply with the rules of the facility or equipment

e) That if I observe an unusual significant hazard or risk, I will remove myself from participation and bring my observations to a representative of the Organization immediately

f) The risks associated with the Activities are increased when I am impaired and I will not to participate if impaired in any way

g) 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

h) That I am responsible for my choice of safety or protective equipment and the secure fitting of that equipment

i) (COVID-19) 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

6. Release of Liability and Disclaimer- In consideration of the Organization allowing me to participate, I agree:

a) That the sole responsibility for my safety remains with me

b) To ASSUME all risks arising out of, associated with or related to my participation

c) That I am not relying on any oral or written statements made by the Organization or its agents, whether in a brochure or advertisement or in individual conversations, to agree to participate in the Activities

d) To WAIVE any and all claims that I may have now or in the future against the Organization

e) 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

f) To FOREVER RELEASE and INDEMNIFY the Organization 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 contract and/or breach of any statutory duty of care of the Organization

g) To FOREVER RELEASE AND INDEMNIFY the Organization from any action related to my becoming exposed to or infected by COVID-19 as a result of, or from, any action, omission or negligence of myself or others, including but not limited to the Organization

h) That the Organization is not responsible or liable for any damage to my vehicle, property, or equipment that may occur as a result of the Activities

i) That negligence includes failure on the part of the Organization to take reasonable steps to safeguard or protect me from the risks, dangers and hazards associated with the Activities

j) This release, waiver and indemnity agreement 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

7. Jurisdiction-  I agree that in the event that I file a lawsuit against the Organization, I will do so solely in the Province of Ontario and further agree that the substantive law of the Province of Ontario will apply without regard to conflict of law rules

I have read and agree to be bound by paragraphs 5 to 7

  1. Acknowledgment - 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, 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.

All Participants - Rowans Law - Parents and Players (all age groups).

Under Rowans Law, before any player can be registered with the local association and Baseball Ontario, the player, and the parent or legal guardian of the player if the player is under 18 years of age, must review one of the Concussion Education Resources provided by the Province of Ontario and must review the Player Code of Conduct. Links to these resources are provided here and will open in a separate window:

Province of Ontario Concussion Education Resources:

https://www.ontario.ca/page/rowans-law-concussion-safety

Baseball Ontario Player Code of Conduct:

https://www.baseballontario.com/filestore/htmleditattachedfiles/player_code_of_conduct2017-03-30t09-47-05v001_by_292.pdf

All Participants - Liability Waiver

On behalf of myself and the player being registered, I recognize that baseball entails serious risks. Consequently, except as noted below, I and the player being registered relinquish all rights to a claim of any kind, including the right to a claim for bodily and material damages, regardless of the cause, against Baseball Ontario, its member associations, including Burlington Organized Minor Baseball Association and their respective officers, employees, coaches, umpires, assignees, agents, representatives, and sponsors, even if such damages result from negligence of Baseball Ontario, its member associations, including Burlington Organized Minor Baseball Association and their respective officers, employees, coaches, umpires, assignees, agents, representatives, and sponsors.

Without restricting the generality of the preceding, I and the player being registered also relinquish the right to any claim against Baseball Ontario, its member associations, including Burlington Organized Minor Baseball Association and their respective officers, employees, coaches, umpires, assignees, agents, representatives, and sponsors resulting from a decision on their part, regardless of the nature of this decision.

This release of Baseball Ontario, Burlington Organized Minor Baseball Association and the other persons noted above does not preclude myself or the player being registered from making a claim under any sports accident coverage provided by Baseball Ontario and/or Burlington Organized Minor Baseball Association to their players. An overview of the current sports accident coverage provided by Baseball Ontario can be found at https://www.baseballontario.com/filestore/htmleditattachedfiles/oba_insurance_renewal_program_2019-20202019-05-31t15-08-43v001_by_292.pdf

All Participants - Baseball Ontario Privacy Policy:

Introduction

Ontario Baseball Association Inc., known as Baseball Ontario, is a not-for-profit amateur sport organization and is the provincial sport organization for baseball in Ontario. In the course of providing our programs and services, Baseball Ontario may collect and transfer to other baseball organizations Personal Information. We have prepared this policy to inform you about Baseball Ontario's ongoing commitment to ensuring that the Personal Information obtained during the course of our activities remains accurate and confidential. Collecting, using, and disclosing personal information in an appropriate, responsible, and ethical manner is fundamental to Baseball Ontario's daily operations.

Baseball Ontario strives to protect and respect personal information of its customers, employees, business partners, and so on in accordance with all applicable provincial and federal laws. This policy applies to all Personal Information within Baseball Ontario's possession and control.

What is Personal Information

We consider "Personal Information" to mean any information about an identified individual or an individual whose identity may be inferred or determined from such information, including name, date of birth, address, phone number, e-mail address, birth certificate number, etc., other than business contact information (e.g. name, title, business address, business telephone number). This Policy does not cover aggregated data from which the identity of an individual cannot be determined. Baseball Ontario retains the right to use aggregated data in any way that it determines appropriate.

Why Baseball Ontario May Collect Personal Information

Baseball Ontario collects and uses Personal Information solely for the purpose of conducting its operations and offering its programs and services to players, coaches, umpires and member associations. Baseball Ontario hereby asserts that Personal Information will only be used for the following purposes:

  • Administration of the various participant databases (coach, player, umpire, volunteer)
  • Regulation of competition within Ontario, including confirming eligibility of players, coaches and umpires for competitions
  • Submitting information to Baseball Canada to allow for participation in national events by players, coaches, umpires and other officials
  • Submitting information to Coaching Association of Canada to administer the National Coaching Certification Program and maintain the associated database
  • Talent Identification
  • Administration of scholarship and grant programs
  • Organization of clinics and conferences that provide participant development
  • Provision of information to participants, member organizations and other about Baseball Ontario programs and services
  • Management of our relationship with and communicate to participants and member organizations
  • Meeting legal and regulatory requirements
  • Management of information technology
  • Recruitment, hiring, management, evaluation, compensation or otherwise dealing with employees
  • Other reasonable purposes consistent with our operations

The personal information we ask for will depend upon which services you may be interested in obtaining.

Baseball Ontario will not disclose Personal Information provided to it, unless such disclosure is required in order to provide a participant or member organization with our services.

How Baseball Ontario Collects and Uses Personal Information

Baseball Ontario only collects uses and discloses Personal Information for purposes that would be considered reasonable in the circumstances and only such information as is required for the purposes of providing services or information to participants, member organizations and others. We use only fair and lawful methods to collect Personal Information.

Consent to the collection occurs and is obtained when an individual signs (including electronic submission) an application or other form containing Personal Information, thereby authorizing Baseball Ontario to collect, use and disclose the individual's Personal Information for the purposes stated on the form or in the Why Baseball Ontario May Collect Personal Information section of this policy.

Where Baseball Ontario discloses Personal Information to organizations that perform services on its behalf, we will require those service providers to use such information solely for the purposes of providing services to Baseball Ontario or the person concerned and to have appropriate safeguards in place for the protection of that Personal Information.

Where Personal Information may be subject to transfer to another organization in contemplation of a merger or reorganization of all or part of Baseball Ontario, we will do this only if the parties have entered into an agreement under which the collection, use and disclosure of the information (including any Personal Information) is restricted to those purposes that relate to the transaction, including a determination of whether or not to proceed with the transaction, and is to be used by the parties to carry out and complete the transaction.

Please note that there are circumstances where the use and/or disclosure of Personal Information may be justified or permitted or where Baseball Ontario is obliged to disclose information without consent. Such circumstances may include:

  1. Where required by law or by order or requirement of a court, administrative agency or governmental tribunal;
  2. Where Baseball Ontario believes, upon reasonable grounds, that it is necessary to protect the rights, privacy, safety or property of an identifiable person or group;
  3. Where it is necessary to establish or collect monies owing to Baseball Ontario;
  4. Where it is necessary to permit Baseball Ontario to pursue available remedies or limit any damages that we may sustain; or
  5. Where the information is public

Where obliged or permitted to disclose information without consent, Baseball Ontario will not disclose more information than is required.

Baseball Ontario does not sell, trade or barter Personal Information.

Consent

Unless permitted by law, no Personal Information is collected, without first obtaining the consent of the individual concerned, for the collection, use and dissemination of that information. However, we may seek consent to use and disclose Personal Information after it has been collected in those cases where Baseball Ontario wishes to use the information for a purpose not identified in this Policy or not previously identified or for which the individual concerned has not previously consented.

By providing Personal Information to Baseball Ontario you agree and consent that we may collect, use and disclose your Personal Information in accordance with this Policy. In addition, where appropriate, additional authorizations or consents may be obtained from time to time.

In most cases and subject to legal and contractual restrictions, you are free to refuse or withdraw your consent at any time upon reasonable, advance notice. It should be noted that in certain circumstances, certain services can only be offered if you provide Personal Information to Baseball Ontario. Consequently, if you choose not provide us with any required Personal Information, we may not be able to offer you the services requested. We will inform you of the consequences of the withdrawal of consent.

The Accuracy and Retention of Personal Information

Baseball Ontario endeavors to ensure that any Personal Information provided and in its possession is as accurate, current and complete as possible for the purposes for which we use that information. If we become aware that Personal Information is inaccurate, incomplete or out of date, Baseball Ontario will revise the Personal Information and, if necessary, use its best efforts to inform third parties which were provided with inaccurate information so that those third parties may also correct their records.

We keep your Personal Information only as long as it is required for the reasons it was collected. The length of time we retain information varies, depending on the service and the nature of the information. This period may extend beyond the end of a person's relationship with us but it will be only for so long as it is necessary for us to have sufficient information to respond to any issues that may arise at a later date.

When your Personal Information is no longer required for Baseball Ontario's purposes, we have procedures to destroy, delete, erase or convert it into an anonymous form.

Protection of Personal Information

Baseball Ontario endeavours to maintain appropriate physical, procedural and technical security with respect to its offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure, or modification of Personal Information. This also applies to our disposal or destruction of Personal Information.

Baseball Ontario further protects Personal Information by restricting access to it to those employees and volunteers that the management of Baseball Ontario has determined need to know that information in order that we may provide our products or services or information.

If any employee or volunteer of Baseball Ontario misuses Personal Information, this will be considered as a serious offence for which disciplinary action may be taken, up to and including termination of employment or involvement. If any individual or organization misuses Personal Information that has been disclosed by Baseball Ontario - for the purpose of providing services to or for Baseball Ontario - this will be considered a serious issue for which action may be taken, up to and including termination of any agreement between Baseball Ontario and that individual or organization.

Access to Your Personal Information

Baseball Ontario permits the reasonable right of access and review of Personal Information held by us about an individual and will endeavour to provide the information in question within a reasonable time, generally no later than 30 days following the request. To guard against fraudulent requests for access, we may require sufficient information to allow us to confirm that the person making the request is authorized to do so before granting access or making corrections.

We will provide information from our records in a form that is easy to understand. Baseball Ontario reserves the right not to change any Personal Information but will append any alternative text the individual concerned believes to be appropriate.

Baseball Ontario reserves the right to decline to provide access to Personal Information where the information requested:

  1. Would disclose (i) Personal Information, including opinions, about another individual or about a deceased individual; or (ii) trade secrets or other business confidential information that may harm Baseball Ontario or the competitive position of a third party;
  2. Would interfere with contractual or other negotiations of Baseball Ontario or a third party;
  3. Is subject to solicitor-client or litigation privilege;
  4. Is not readily retrievable and the burden or cost of providing would be disproportionate to the nature or value of the information;
  5. Does not exist, is not held, or cannot be found by Baseball Ontario;
  6. Could reasonably result in (i) serious harm to the treatment or recovery of the individual concerned, (ii) serious emotional harm to the individual concerned or another individual, or (iii) serious bodily harm to another individual;
  7. May harm or interfere with law enforcement activities and other investigative or regulatory functions of a body authorized by law to perform such functions; or
  8. May be withheld or is requested to be withheld under applicable legislation.

Where information will not or cannot be disclosed, the individual making the request will be provided with the reasons for non-disclosure.

Baseball Ontario will not charge you for verifying or correcting your information, however, to the extent permitted by applicable law, there may be a minimal charge imposed if you need a copy of records.

Website

Our web servers track general information about visitors such as their domain name, time of visit and which pages are being accessed. This information is used internally, only in aggregate form, to better serve visitors by helping us to:

  1. Manage our site;
  2. Diagnose any technical problems; and
  3. Improve the content of our website.

In browsing the web, you will encounter a technology known as 'cookies". "Cookies" are files or pieces of information that may be stored in a computer's hard drive when an individual visits a website. Most Internet browsers are initially set to accept cookies. If you do not wish to accept cookies, you can set yours to refuse cookies or to alert you when cookies are being sent. "Session" cookies are temporary bits of information that are erased once a visitor exits its web browser window or otherwise turn its computer off. Session cookies are used to improve navigation on websites and to collect aggregate statistical information. Baseball Ontario's website does use session cookies.

"Persistent" cookies are more permanent bits of information that are placed on the hard drive of a visitor's computer and stays there unless it is deleted. Persistent cookies store information on a visitor's computer for a number of purposes, such as retrieving certain information previously provided (e.g., passwords), helping to determine what areas of the website visitors find most valuable, and customizing the website based on visitor preferences. Baseball Ontario's website does use persistent cookies.

We do not share Personal Information obtained through cookies with any third parties.

We have no control over the content of third party websites that individuals may access through hyperlinks at our website. We encourage everyone to read the privacy policy of every website they visit.

Resolving Your Privacy Concerns

In the event of questions about: (i) access to your Personal Information; (ii) our collection, use, management or disclosure of Personal Information; or (iii) this Policy; please contact Baseball Ontario's privacy officer by sending an e-mail to maryann@baseballontario.com or calling 519- 740-3900 and asking to speak with Baseball Ontario's Privacy Officer, Mary-Ann Smith.

Baseball Ontario will investigate all complaints and if a complaint is justified, we will take all reasonable steps to resolve the issue.

We Would Like To Contact You Via Email

To improve our communications and service we would like to correspond with you via email. In order to comply with Canadian legislation relating to commercial electronic messages, we are seeking your consent to communicate with you via electronic messages, including email, related to your relationship with Baseball Ontario including team selection, program, membership, promotional materials and other Baseball Ontario information. You may choose not to receive these communications at any time by emailing us at unsubscribe@baseballontario.com

Photo Consent

I authorize Burlington Organized Minor Baseball Association and/or its staff, associates, assistants, or subcontractors to use photograph(s), video and other media image provided for any Burlington Organized Minor Baseball Association promotional, educational or other pertinent uses. I also agree to Burlington Organized Minor Baseball Association using any images of the named minor(s) gathered by photographers, and or videographers supplying images to Burlington Organized Minor Baseball Association.

These images may include, but are not exclusive to, club, coach, athlete and/or parent, and/or volunteer submissions by various member associations of Burlington Organized Minor Baseball Association.

I authorize Burlington Organized Minor Baseball Association to permit the use and display of photographs and/or recordings of the named minors in any Burlington Organized Minor Baseball Association publication, multimedia production, including video and web usage, display, or advertisement.

I agree that Burlington Organized Minor Baseball Association may use name, likeness, or information supplied by the undersigned.

The undersigned releases and forever discharges Burlington Organized Minor Baseball Association and its officers and employees from any and all claims and demands arising out of or in connection with the use of said photographs / recordings, including but not limited to, any claims for invasion of privacy or defamation.

All Participants - Acknowledgement:

I hereby confirm that the player being registered to participate in baseball activities with Burlington Organized Minor Baseball Association and Baseball Ontario, and the parent or legal guardian of the player being registered if the player is under 18 years of age, have reviewed one of the concussion education resources provided by the Province of Ontario as referenced above and have reviewed the player code of conduct as referenced above. I / we further acknowledge understanding the nature and risk of concussion and head injury to athletes, including the risks of continuing to play after a concussion or head injury is suspected.

I, the undersigned, hereby release and forever discharge for any and all action, causes of action, causes and demands for upon by reason and change, loss or injury to ourselves or our children which may result from our participation in activities of the Burlington Organized Minor Baseball Association (BOMBA) during the calendar year of 2020.  And for our being allowed to participate in BOMBA, I, the undersigned, agree not to make any claim or take any proceedings against BOMBA or any member of the executive or coaches with respect to the activities of BOMBA.  A BOMBA Representative, or photographer employed by BOMBA may take photographs of participants, individually or in groups, attending or taking part in BOMBA programs and activities. These photographs may appear on BOMBA’s website or social media without the permission of the person(s) being photographed. If a participant or parent of a participant does not wish himself/herself or his/her child to be photographed, that person must notify a BOMBA Representative to that effect or consent will be assumed.

 

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