Terms and Conditions
By indicating your acceptance, you understand, agree, warrant and covenant as follows:
In consideration of your accepting my entry, I, intending to be legally bound, do hereby, for myself, my heirs, executors, and administrators, forever waive, release and give up any and all claims, demands, liability, damages, costs and expenses of any kind whatsoever, including personal injuries to me or wrongful death against Durham Dodgeball and their administrators, Village Union Public School, 240 Simcoe St. S., Oshawa, ON, sponsors, volunteers, contractors, subcontractors and their employees, representatives, agents and heirs, which may arise from my participation in the league or while traveling to or from the venue, even if caused in whole or in part by the negligence or other fault of the parties or person or persons I am hereby releasing, by the dangerous or defective condition of any property or equipment owned, maintained or controlled by them and/or because of their liability without fault. I FULLY UNDERSTAND I AM FOREVER GIVING UP IN ADVANCE ANY RIGHT TO SUE OR MAKE ANY CLAIM AGAINST THE PARTIES I AM RELEASING IF I SUFFER SUCH INJURIES AND DAMAGES EVEN THOUGH I DO NOT KNOW WHAT OR HOW EXTENSIVE THOSE INJURIES AND DAMAGES MIGHT BE AND AM VOLUNTARILY ASSUMING THE RISK OF SUCH INJURIES AND DAMAGES. I attest that I am physically fit and sufficiently trained for this strenuous competition. I will assume my own medical and emergency expenses in the event of an accident or other incapacity or injury resulting from or occurring in my participation. In consideration of this being an amateur event, I release the rights of any and all photographic material, motion picture, video tape, recordings and/or computer information organizers may wish to release for this event without obligation to me.
YOU UNDERSTAND THAT PARTICIPATION IN THE LEAGUE IS POTENTIALLY HAZARDOUS, AND THAT A REGISTERED PARTY SHOULD NOT PARTICIPATE UNLESS THEY ARE MEDICALLY ABLE AND PROPERLY TRAINED. YOU UNDERSTAND THAT EVENTS MAY BE HELD OVER PUBLIC ROADS AND FACILITIES OPEN TO THE PUBLIC DURING THE SEASON AND UPON WHICH HAZARDS ARE TO BE EXPECTED. PARTICIPATION CARRIES WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM MINOR INJURIES TO CATASTROPHIC INJURIES INCLUDING DEATH. YOU UNDERSTAND AND AGREE THAT IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE EVENT, YOU AND ANY REGISTERED PARTY, THE HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS OF YOU OR THE REGISTERED PARTY DO HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE DURHAM DODGEBALL FOR ANY AND ALL LIABILITY FROM ANY AND ALL CLAIMS ARISING FROM PARTICIPATION IN THE LEAGUE BY YOU OR ANY REGISTERED PARTY.
1. Limitation of Liability; Disclaimer and Warranties.
DURHAM DODGEBALL AND THEIR ADMINISTRATORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE DURHAM DODGEBALL OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH DURHAM DODGEBALL OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF DURHAM DODGEBALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF DURHAM DODGEBALL IS AT YOUR SOLE RISK. DURHAM DODGEBALL IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DURHAM DODGEBALL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Durham Dodgeball makes no warranty that the Durham Dodgeball sites' services will be uninterrupted, secure or error free. Durham Dodgeball does not guarantee the accuracy or completeness of any information in, or provided in connection with, the Durham Dodgeball sites. Durham Dodgeball is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Durham Dodgeball sites is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.
2. Indemnification. You agree to indemnify and hold Durham Dodgeball harmless from and against any and all damages, costs, claims or demands, including reasonable attorneys' fees, made by any third party due to or arising from or relating to your participation in Durham Dodgeball or the violation of any term of this Agreement and Waiver as well as the Terms of Service located at: http://durhamdodgeball.com/terms by you.
4. Severability. You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by the law of the Province of Ontario and that if any provision of this Agreement and Waiver shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and Waiver and shall not affect the validity and enforceability of any remaining provisions.
5. Payments and Refunds. Registration is complete only when the full payment has been received. Full refunds will be granted up to the registration deadline date for leagues. There are NO refunds (A) after the official registration deadline date or (B) once the league has filled to capacity. No refunds due to defaulted, cancelled or rescheduled games. No refunds due to injuries. A fee of $40.00 HST will be charged for NSF cheques. Teams or individuals suspended or ejected from Durham Dodgeball leagues due to any breaches of Durham Dodgeball policies will not receive refunds. Both team registrations and individual registrations will be filled on a first-paid, first-served basis. Placement on a team for individual registrations is subject to available space and may be shuffled or reorganized at any time.
6. Violations. All violations, including but not limited to unsportsmanslike conduct and the school permit will receive a verbal warning for the first offence, a written warning for the second offence, and expulsion from the league for a third offence. Assault, violence, vandalism, harassment and any other illegal actions will not be tolerated and will result in immediate expulsion from the league. Durham Dodgeball and their administrators reserve the right to expel individuals or teams at any time without notice.
BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE SIGNING THE AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.