Waiver
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter ?Release Agreement?) BY SIGNING THIS YOU WILL WAIVER CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
THE ACTIVITIES REFERRED TO IN THIS RELEASE AGREEMENT INVOLVE RISKS, DANGERS AND HAZARDS INCLUDING RISK OF DAMAGE, LOSS, PERSONAL INJURY AND DEATH. THESE RISKS, DANGERS AND HAZARDS ARE MORE FULLY DESCRIBED BELOW. ALL PARTICIPANTS IN THESE ACTIVITIES ARE REQUIRED TO SIGN THIS RELEASE AGREEMENT WHICH IS INTENDED TO PREVENT PARTICIPANTS FROM SUING IN THE EVENT OF AN ACCIDENT OR INJURY.
TO: SWEAT SHOP UNION LTD., BRIAN DOUGLAS, PROPRIETOR (hereinafter "OPERATOR") and THE MANUFACTURERS AND DISTRIBUTORS OF THE EQUIPMENT USED IN ACTIVITIES, and their respective directors, officers, agents, representatives, employees, volunteers, independent contractors, subcontractors, sponsors, successors and assigns (hereinafter collectively the "RELEASEES")
DEFINITIONS
In this agreement the term "Activities" shall include all activities, programs, instructions, events, classes, and services provided, sponsored or organized by the Operator including but not limited to: fitness programs; yoga; pilates; aerobics; boxing; kickboxing; weight training; personal training; dance classes and lessons, indoor and outdoor training; use of strength training and fitness conditioning equipment, machines and facilities; nutritional and dietary programs; orientation, instructional sessions and lessons; and any and all related activities.
ASSUMPTION OF RISKS
I am aware that my participation in Activities involves many risks, dangers and hazards, which could result in damage, loss or physical injury to me. Some of these risks, dangers and hazards include, but are not limited to:
- Health: overexertion, dehydration, fatigue, lack of fitness or conditioning, injuries, medical conditions.
- Premises: defective, dangerous or unsafe condition of the facilities; falls; collisions with objects, equipment or persons.
- Use of Equipment: mechanical failure of equipment; negligent design or manufacture of equipment; the provision of or the failure by Releasees to provide any warnings, directions, instructions or guidance as to the use of equipment; failure to use or operate equipment within my own ability.
- Advice: negligent advice regarding Activities.
- My conduct and conduct of other persons, including NEGLIGENCE ON THE PART OF RELEASEES, may increase the risk of damage, loss, personal injury or death. I understand that Releasees may fail to safeguard or protect me from the risks, dangers and hazards of Activities, some of which are referred to above.
Despite the risks, dangers and hazards of Activities, and fully understanding such risks, dangers and hazards, I wish to participate in Activities with the Operator, and I FREELY ACCEPT AND FULLY ASSUME all such risks, dangers and hazards and the possibility of personal injury, death, property damage and loss resulting therefrom.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of Releasees allowing me to participate in Activities and permitting my use of their equipment, facilities and services, I hereby agree as follows:
1) TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against RELEASEES AND TO RELEASE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer or that my next-of-kin may suffer as a result of my participation in Activities DUE TO ANY CAUSE WHATSOEVER, including but not limited to:
- negligence on the part of Releasees;
- breach of contract by Releasees;
- breach of warranty on the part of Releasees in respect of the design, manufacture, selection, installation, maintenance or adjustment of equipment;
- breach of any statutory or other duty of care including the duty of care owed on the part of Releasees; and
- the failure on the part of Releasees to safeguard or protect me from the risks, dangers and hazards of Activities, some of which are referred to in the Assumption of Risks sections of this Agreement.
2) TO HOLD HARMLESS AND INDEMNIFY RELEASEES from any and all liability for any damage, loss, expense or injury to any third party resulting from my participation in Activities.
3) This Agreement shall be effective and binding upon my heirs, next-of-kin, guardians, executors, administrators, assigns and representatives, in the event of my death or incapacity.
SAFETY
I am aware that there are instructors available to answer any questions I may have as to the proper use of equipment. I am fully responsible for my proper use of equipment.
In entering into this Agreement I am not relying on any oral, visual or written representations or statements made by Releasees with respect to the safety of Activities other than what is set forth in this Agreement.
INSURANCE
I am aware that Releasees do not provide me with any disability, accident, liability or medical insurance or compensation, should I become injured or cause personal injury or property damage to any third party while participating in Activities.
JURISDICTION
This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario, and I agree to attorn solely to the jurisdiction of the Courts of the Province of Ontario. Any litigation involving the parties to the Agreement shall be brought solely within the Province of Ontario and shall be within the exclusive jurisdiction of the Court of the Province of Ontario.
If the guest is less than 18 years of age, this document must also be signed by his or her parent or legal guardian.
I, the undersigned, being 18 years of age or older and the parent or legal guardian of the guest who is named in this document, have read and understood this document in its entirety, hereby consent to and permit such guest to access the facility and also participate in the Activities (on or offsite).
I, the undersigned, having the capacity and authority to grant the waivers, releases and consents granted in this Release and Waiver, herby: grant such waivers, releases and consents on behalf of the guest, and agree to perform all of the payment obligations of the guest herein. |