TERMS AND CONDITIONS OF ENROLLMENT, PARTICIPATION, LIABILITY WAIVER, MEDICAL CONSENT, AND MEDIA RELEASE AGREEMENT

MARKHAM YOUTH SPORTS
Effective as of May 10, 2025

IMPORTANT NOTICE: THESE TERMS AND CONDITIONS ("AGREEMENT") CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU, THE REGISTERING PARTY ("PARENT/GUARDIAN," "YOU," OR "USER") AND MARKHAM YOUTH SPORTS ("THE ORGANIZATION," "WE," OR "US"). PLEASE READ THE FOLLOWING PROVISIONS CAREFULLY. BY CLICKING "I AGREE" OR PROCEEDING WITH REGISTRATION, YOU HEREBY UNCONDITIONALLY ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL TERMS, CONDITIONS, COVENANTS, DISCLAIMERS, AND REPRESENTATIONS CONTAINED HEREIN.

1. DEFINITIONS AND INTERPRETATION

1.1 For the purposes of this Agreement, the term "Participant" shall refer to any minor child, youth, or dependent individual enrolled by the Parent/Guardian in any sports, athletic, recreational, social, educational, instructional, or community-related program, clinic, practice, scrimmage, or event operated, managed, supervised, sponsored, or affiliated with the Organization.

1.2 "Activity" or "Activities" shall mean and include any and all physical, recreational, instructional, competitive, and/or administrative functions, events, or sessions—regardless of location—conducted by or in association with the Organization, including but not limited to programs, games, tournaments, and camps. 

1.3 "Media" refers collectively to any image, video, audio, digital file, livestream, or photographic reproduction captured in analog, digital, or electronic format by the Organization or its designees.

1.4 "Social Media Platforms" includes websites, platforms, and third-party digital services such as, but not limited to, Facebook™, Instagram™, TikTok™, YouTube™, X™ (formerly Twitter), Threads™, Snapchat™, and any similar present or future services.

1.5 "Agreement" shall be interpreted broadly to include all attached, embedded, or referenced policies, guidelines, rules, waivers, and codes of conduct of the Organization, whether posted digitally, emailed, or physically provided.

2. ACKNOWLEDGMENT OF RISK, LIABILITY WAIVER, AND INDEMNIFICATION

2.1 You acknowledge and agree that the Participant’s involvement in any Activities inherently involves risk of injury, harm, or illness, including, but not limited to, sprains, fractures, head injuries, overexertion, permanent disability, communicable disease transmission, and, in extreme cases, death.

2.2 You hereby voluntarily and knowingly assume all risks, both known and unknown, foreseeable and unforeseeable, in any way connected with the Participant’s participation.

2.3 You further agree, to the fullest extent permissible under applicable law, to release, waive, discharge, and forever hold harmless the Organization and all of its officers, directors, employees, contractors, agents, affiliates, successors, volunteers, insurers, and representatives from any and all claims, demands, causes of action, obligations, losses, costs, damages, or expenses—including but not limited to attorney’s fees—arising out of, related to, or in connection with the Participant’s involvement in the Activities, whether such liability arises due to negligence, act, omission, or otherwise.

2.4 You additionally agree to defend, indemnify, and hold harmless the Organization from any claims brought by third parties related to the conduct of the Participant or any actions undertaken by you or the Participant while involved with Organization Activities.

3. MEDICAL AUTHORIZATION, EMERGENCY RESPONSE, AND HEALTH DISCLOSURE

3.1 You represent that the Participant is in sufficiently good health and physical condition to safely participate in the activities. You accept full responsibility for disclosing all known allergies, conditions, injuries, limitations, or diagnoses that may affect the Participant’s ability to safely engage in organization activities.

3.2 You hereby grant full permission to the Organization and its authorized staff, volunteers, and agents to act in loco parentis and to administer first aid, summon emergency medical services, or otherwise secure professional medical attention as they deem necessary.

3.3 You acknowledge and agree that you shall remain solely responsible for all resulting medical, transportation, and related costs and expenses incurred, and hereby waive any claim for reimbursement or liability against the Organization.

4. INSURANCE DISCLAIMER AND RESPONSIBILITY

4.1 The Organization does not carry or provide primary or secondary medical, accident, or life insurance for Participants.
4.2 You understand and agree that it is your sole responsibility to maintain adequate health and accident insurance coverage for the Participant.
4.3 You waive any right to claim insurance or reimbursement from the Organization for any medical or health-related costs.

5. MEDIA RELEASE, PUBLICITY CONSENT, AND DIGITAL DISTRIBUTION RIGHTS

5.1 You grant the Organization an irrevocable, royalty-free, worldwide, and perpetual license to photograph, record, reproduce, stream, and otherwise capture the image, likeness, and/or voice of the Participant in connection with any activities or programs, regardless of location or context.

5.2 You further authorize the Organization to use, reuse, publish, repost, modify, crop, or distribute said Media—whether digital, print, broadcast, or social media-based—for purposes including but not limited to marketing, advertising, historical documentation, donor communication, recruitment, public relations, promotional materials, and internal training.

5.3 This license shall survive termination of the Participant’s enrollment and shall extend to third-party platforms used by the Organization for hosting, sharing, or distributing such content.

5.4 No compensation shall be due to you or the Participant in connection with such Media use. You waive all rights of publicity, privacy, inspection, or approval in relation to the use of the Media.

5.5 If you wish to opt out of Media participation, such request must be submitted in writing, sent via certified mail or verified electronic communication, and received by the Organization no fewer than thirty (30) days prior to the Participant’s first scheduled Activity. The Organization may, at its sole discretion, determine whether such opt-out is operationally feasible.

6. THIRD-PARTY MEDIA, UNAUTHORIZED USE, AND SOCIAL SHARING

6.1 You acknowledge that during the course of activities, other participants, spectators, or third parties may take and disseminate photographs, videos, or other recordings of events or individuals without the Organization’s oversight or control.

6.2 The Organization disclaims all responsibility and liability for media content created, shared, or published by non-affiliated persons, and you hereby release the Organization from any claim arising from such third-party actions.

7. CONDUCT, DISMISSAL, AND PROGRAM MODIFICATION

7.1 You agree that both you and the Participant will adhere to the Organization’s rules, codes of conduct, and behavior policies, which may be modified or updated at any time.

7.2 The Organization reserves the unilateral right to suspend, restrict, or permanently withdraw any Participant for conduct deemed disruptive, dangerous, abusive, inappropriate, or inconsistent with the mission and values of the Organization. No refunds shall be issued in such cases.

8. FORCE MAJEURE AND PROGRAM INTERRUPTIONS

8.1 The Organization shall not be held liable or responsible for any failure to perform, delay, or modification of services due to causes beyond its control including, but not limited to, acts of God, natural disasters, labor disputes, pandemics, civil unrest, terrorism, or governmental orders.

8.2 You agree that no refunds, credits, or rescheduling obligations shall be guaranteed under force majeure circumstances unless determined appropriately solely at the Organization’s discretion.

9. SEVERABILITY AND ENTIRE AGREEMENT

9.1 If any provision of this Agreement is deemed to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed without affecting the enforceability of the remaining terms.

9.2 This Agreement constitutes the entire agreement between you and the Organization and supersedes any prior understandings or representations.

10. GOVERNING LAW AND DISPUTE RESOLUTION

10.1 This Agreement shall be governed by and interpreted according to the laws of Ontario, without regard to conflict of law provisions.

10.2 Any disputes arising under or related to this Agreement shall be submitted to final and binding arbitration in Ontario, administered by a mutually agreed-upon arbitration authority, and judgment upon the award may be entered in any court of competent jurisdiction.

FINAL ACKNOWLEDGMENT AND ACCEPTANCE

By clicking "I Agree", you confirm that:

• You are the legal Parent/Guardian of the Participant(s) you are registering.

• You have read and understood these Terms and Conditions.

• You voluntarily accept and agree to be legally bound by them in full.