The use of the AWB Alumni Centre for Athletics and Student Life and the Arena Fitness Centre (the “Athletic Facility”) is provided to employees of Appleby College (the “School”) to strengthen and improve their health and wellbeing. When using the Athletic Facility, employees are reminded that it is a privilege to do so and using good judgement, following the designated rules and encouraging safe behaviour is imperative and is the responsibility of everyone.
Eligibility for Use
All current, active employees of the School are eligible to use the Athletic Facility.
Standards of Conduct for use
Employees are expected to:
1. Treat the recreational staff and Athletic Facility with respect and respond appropriately to all reasonable requests.
2. Act with character and courtesy while respecting the rights, welfare and dignity of all others in the area.
3. Abide by all relevant policies of the School, including the general facility rules and regulations.
4. Act in a safe, responsible manner towards themselves and others.
5. Abide by the School’s policies prohibiting smoking, vaping, and alcohol.
6. Respect the privacy of others and not record images either by photograph, video or digitally without knowledge of the individual being recorded and without written consent.
7. Respect proper use of the Athletic Facility, including not granting unauthorized use or misuse of any School facilities, key, electronic device, or identification.
8. Accept that even during available times, the Athletic Facility may not be used under the following circumstances:
a. During School programming unless approved by the supervising faculty or staff (to include evening and weekend boarder events), functions and School events;
b. During periods of maintenance required by the School’s Facilities Department; and
c. When scheduled for rental purposes under Commercial Activities;
and accept that if the employee is using the Athletic Facility, the employee may be asked to vacate should any of the above occur during the time booked.
9. Consult with a physician before beginning any physical activity and receive the proper training prior to using the facility
10. Complete the Release and Waiver of Liability Assumption of Risk & Indemnity Agreement (Appendix A) prior to using the Facility.
The School reserves the right to amend this policy and/or suspend the privileges of any employee who fails to comply with the Athletics Facility Use Policy.
For questions and concerns, please contact the Athletics Coordinator at extension 114 or smackenzie@apppleby.on.ca.
Appendix A
Release and Waiver of Liability
Assumption of Risk and Indemnity Agreement
This form applies to all employees using the AWB Alumni Centre for Athletics and Student Life and the Arena Fitness Centre (the “Athletic Facility”) for personal use.
Appleby College AWB Fitness Centre Rules & Regulations
By using the AWB Alumni Centre for Athletics and Student Life (the “Athletic Facility”) at Appleby College (the “School”), I recognize and fully understand the following conditions:
1. I am using the Athletic Facility during a time that no supervision is on duty and accept full responsibility for the safe operation of the equipment.
2. I will not bring others, such as family members, friends, or children, to the Athletic Facility with me.
3. The School has advised all users not to work out alone.
4. As a user I acknowledge that using the facilities involves certain risks, including the following but not limited to:
a) The risk of injury resulting from possible malfunction of the equipment;
b) The risk of injuries resulting from tripping or falling over obstacles in the area;
c) Personal and general athletic injuries arising from physical activity (including fatigue, overexertion, exhaustion, and cardio-pulmonary strain);
d) Risks arising from physical or close proximity contact with others who may attend the Athletic Facili
e) Theft, vandalism, and loss or damage to personal property; and
f) The risk of other injuries resulting from participating in any action in the facility.
5. I recognize and understand that the above list is not a complete or exhaustive of all possible risks; the list only provides examples of types of risks that I am assuming. I am aware that the Risks include, but are not limited to, the potential for serious personal injury, death, property damage, or illness (e.g., communicable diseases such as SARS, avian flu (H5N1), MRSA, influenza, and COVID-19).
6. The School’s facility key or fob must be in my possession at all times while using the Athletic Facility and is not to be given out to anyone else, including other School employees. I take responsibility for using the key and its safeguarding. If lost, I will notify Human Resources immediately.
7. Even during available times, the facility may not be used under the following circumstances:
a) During School programming unless approved by the supervising faculty or staff (to include evening and weekend boarder events), functions and School events;
b) During periods of maintenance required by the School’s Facilities Department; and
c) When scheduled for rental purposes under Commercial Activities;
and I accept that if I am using the Athletic Facility, I may be asked to vacate should any of the above occur during the time booked.
In exchange for Appleby College allowing me to utilize the facility as an employee, I hereby agree to the conditions below.
Release and Waiver of Liability, Assumption of Risk, and Indemnity, and Parental Consent Agreement
In consideration of being permitted to use Appleby College’s facility, on behalf of myself and/or a minor for whom I have legal guardianship, and on behalf of my heirs, executors, administrators, personal representatives and next of kin (hereafter collectively referred to as “the Releasors”):
1. The Releasors acknowledge, agree, and represent that we understand the risks of using the unsupervised Athletic Facility in Appleby College’s AWB Centre and related facilities (hereinafter referred to as “the Activity”) and that the participant in the Activity (the “Participant”) is qualified, in good health, and in proper physical condition to participate in the Activity. The Releasors further agree and warrant that if at any time the Participant believes conditions to be unsafe, the Participant will immediately discontinue further participation in the Activity. The Releasors further acknowledge that the Participant must comply with all the rules and safety procedures of Appleby College and any applicable laws relating to the use of Appleby’s facilities.
2. The Releasors fully understand that:
a) using the facility involves risks and dangers of serious bodily injury, including but not limited to those risks listed herein, and including permanent disability, paralysis, and death (“Risks”);
b) these Risks may be caused by the Participant’s own actions or inactions, the actions or inactions of others participating in the activity, the physical conditions and facilities in which the activity takes place, or the negligence of Appleby College or negligence in rescue operations;
c) the Risks also include, but are not limited to: any injury, illness, or symptom related to the spread of the novel coronavirus, SARS-CoV-2, which may result in the contraction of COVID- 19, which in turn may involve temporary or permanent health defects impairing an individual’s well-being;
d) there may be other risks and social and economic losses either not known to the Participant or not readily foreseeable at this time, including potential impairment of the future ability to study, work and earn a living; to engage in other business, social, personal, intimate and recreational activities; and general enjoyment of life; and the Participant fully accepts and assumes all such risks and all responsibility for losses, costs and damages the Participant incurs as a result of his/her participation in the Activity.
3. The Releasors forever discharge Appleby College, its officers, directors, employees, contractors, volunteers, servants and agents (hereinafter collectively, referred to in this document as the “Releasees”) from any and all actions, causes of actions, claims and demands arising under statute or common law, for any damage, loss, injury, illness, costs, complaints, and claims whatsoever, which the Releasors ever had, now have or which can, shall or may hereafter have for, in any way related to or arising out of participation in the Activity, including for all personal injury, death, property damage, illness, or other loss resulting from public health emergencies, pandemics, or epidemics, as declared as such by the World Health Organization or any governmental authority.
4. The Releasors specifically covenant, represent and warrant to the Releasees that they have no further claim against the Releasees. In the event that the Releasors or any one of them should hereinafter make any claim or demand or commence or threaten to commence any action, grievance, claim or proceeding against the Releasees arising under statute or common law in any way related to or arising out of participation in the Activity, this document may be raised as an estoppel and complete bar to any such claim, demand, grievance, appeal, action or complaint.
5. In the event that the Releasors should hereafter make any claim, demand or complaint or commence or threaten to commence any action, claim or proceeding against any party in any way connected with the Activity, which results in an action, claim, proceeding or demand against the Releasees, (“Third Party Action”), the Releasors agree to indemnify and hold harmless the Releasees for any and all such costs, damages or charges arising out of such Third Party Action.
6. If any provision of this document is held by a Court to be unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this document shall remain in full force and effect as drafted.
7. The Releasors acknowledge that they have been advised of their right to seek independent legal advice prior to the execution of this Agreement.