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AIRTIME ATHLETICS - McMASTER STRENGTH & CONDITIONING PROGRAM

PARTICIPANT WAIVER, RELEASE OF LIABILITY, AND PROGRAM POLICY AGREEMENT

 

EFFECTIVE DATE: May 1, 2025

 

PARTIES:

 

McMASTER STRENGTH & CONDITIONING ("McMaster S&C")

AIRTIME ATHLETICS ("AIRTIME")

PROGRAM PARTICIPANT ("Participant")

PARENT/GUARDIAN (if Participant is under 18 years of age)

 

PROGRAM OVERVIEW:

 

AIRTIME has partnered with McMaster S&C to provide volleyball-specific strength and conditioning training (the "Program") to participants. By agreeing to this document, the Participant and/or Parent/Guardian confirms their understanding and acceptance of all terms and conditions contained herein.

 

1. ACKNOWLEDGMENT OF RISKS

 

1.1 The Participant and/or Parent/Guardian understands and acknowledges that participation in the Program involves risks and hazards including, but not limited to:

   (a) Physical injury, including but not limited to sprains, strains, fractures, and other bodily injuries;

   (b) Cardiovascular complications including but not limited to chest pain, heart attack, and abnormal blood pressure;

   (c) Risks associated with the use of exercise equipment and facilities;

   (d) Other unforeseen risks and hazards associated with physical training.

 

1.2 The Participant and/or Parent/Guardian freely accepts and assumes all such risks, dangers, and hazards and the possibility of personal injury, death, property damage, or loss resulting therefrom.

 

2. RESPONSIBILITIES OF PARTICIPANT

 

2.1 The Participant agrees to:

   (a) Follow all instructions and guidelines provided by McMaster S&C staff;

   (b) Disclose any medical conditions, injuries, or other health concerns that may affect participation;

   (c) Immediately report any injuries or concerns to McMaster S&C staff;

   (d) Use all equipment as instructed and for its intended purpose;

   (e) Respect the rights, dignity, and worth of all participants and staff.

 

3. TRANSFER OF LIABILITY AND RELEASE OF CLAIMS

 

3.1 The Participant and/or Parent/Guardian hereby agrees that McMaster S&C shall assume full responsibility and liability for the supervision, instruction, and conduct of the Program, including but not limited to:

   (a) Design and implementation of training protocols;

   (b) Supervision of participants during training sessions;

   (c) Safety and maintenance of training equipment and facilities;

   (d) Proper instruction and demonstration of exercises.

 

3.2 The Participant and/or Parent/Guardian hereby waives, releases, and forever discharges AIRTIME and its directors, officers, employees, agents, and representatives from any and all claims, demands, damages, actions, or causes of action arising from or connected with participation in the Program, including without limitation any claims for personal injury, death, property damage, or loss sustained by the Participant as a result of participation in the Program, regardless of whether such injury, death, damage, or loss results from the negligence of AIRTIME or otherwise.

 

3.3 The Participant and/or Parent/Guardian agrees not to sue or bring any proceedings against AIRTIME for any claim, demand, damage, action, or cause of action released herein.

 

4. INDEMNIFICATION

 

4.1 The Participant and/or Parent/Guardian agrees to indemnify and hold harmless AIRTIME from any and all liability, loss, damage, costs, claims, and/or causes of action arising from or related to the Participant's participation in the Program.

 

5. MEDICAL TREATMENT AUTHORIZATION

 

5.1 The Participant and/or Parent/Guardian authorizes and consents to any medical treatment deemed necessary in the event of injury, accident, or illness during participation in the Program.

 

5.2 The Participant and/or Parent/Guardian confirms that they have adequate medical, hospital, and dental insurance to cover any medical assistance that may be required.

 

6. MEDIA RELEASE

 

6.1 The Participant and/or Parent/Guardian grants permission to AIRTIME and McMaster S&C to photograph and/or record the Participant during the Program and to use such material for promotional purposes without compensation.

 

7. PROGRAM SCHEDULING AND CANCELLATION POLICY

 

7.1 Session Expiration: All purchased sessions must be used before September 1, 2025. Any unused sessions after this date will be forfeited with no refund or credit provided.

 

7.2 Cancellation by Participant: Participants must provide at least 24 hours' notice to cancel a scheduled session. Failure to provide adequate notice will result in the session being counted as used.

 

7.3 Rescheduling: Sessions may be rescheduled subject to availability and with a minimum of 24 hours' notice.

 

7.4 Late Arrivals: Participants arriving more than 15 minutes late may be denied participation in that session at the discretion of McMaster S&C staff, and the session will be counted as used.

 

7.5 Cancellation by Provider: In the event that McMaster S&C cancels a session, participants will be offered the opportunity to reschedule without penalty.

 

8. SEVERABILITY

 

8.1 If any portion of this Agreement is held invalid, the remainder shall continue in full legal force and effect.

 

9. GOVERNING LAW

 

9.1 This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

 

10. ACKNOWLEDGMENT AND ELECTRONIC CONSENT

 

10.1 By checking the box associated with this Agreement during the registration process, the Participant and/or Parent/Guardian acknowledges having read this Agreement in its entirety and understands that by agreeing to these terms, they are affecting the legal rights and liabilities of themselves, the Participant, their heirs, next of kin, executors, administrators, and assigns in relation to AIRTIME and McMaster S&C.

 

10.2 The Participant and/or Parent/Guardian acknowledges that they have been given the opportunity to seek independent legal advice prior to agreeing to this Agreement.

 

10.3 The Participant and/or Parent/Guardian consents to entering into this Agreement electronically and agrees their agreement to the policy constitutes a legally binding signature.

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