I have read and agree to be bound by paragraphs 1 and 2.
3. 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
4. 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
5. 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
8. 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.
Under Rowan's Law, all coaches participating with their local association and/or Baseball Ontario are required, prior to entering into any practice or game:
1. Review the Concussion Education Resource found in Baseball Ontario's On-Deck (app) or https://ondeck.baseballontario.com/page/2214/concussion-management
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.
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.
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.
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:
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.
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:
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.
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.
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.
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.
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:
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.
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:
"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.
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 firstname.lastname@example.org 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.
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 email@example.com
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.
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 2021. 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 the BOMBA 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.