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ARTICLE · 28 JULY 2021

Facility Operator Dodges Damages Award Because Patron Waived Liability

Participating in sports is an activity that is encouraged by many. For example, parents enrol their children in a variety of winter and summer sports so that the children can meet and interact with other kids...

CanadaMedia, Telecoms, IT, Entertainment

Participating in sports is an activity that is encouraged by many. For example, parents enrol their children in a variety of winter and summer sports so that the children can meet and interact with other kids, gain social skills and learn how to play a game within a controlled and organized environment. Meanwhile, friends reach out to involve their social network in games to stay in touch, get some exercise and socialize. Playing sports is meant to be fun, but sometimes a participant gets injured. Where a sport is played at a sports facility, whether private or public, the facility operator often has a commercial liability policy to protect itself against a large claim. However, the facility operator will also often ask users of the facility to sign a waiver of liability agreement and acknowledge that the user has assumed all of the risks of playing in the sport. A waiver of liability contract essentially protects the facility operator from being liable in damages to a

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