FITNESS ACTIVITIES RELEASE OF LIABILITY, WAIVER OF CLAIMS AND ASSUMPTION OF RISKS AGREEMENT

 

Sweatworking Collective
13997910 Canada Inc.

 

Hereinafter referred to as the “Release Agreement.”

 

IMPORTANT — PLEASE READ CAREFULLY

BY SIGNING THIS RELEASE AGREEMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF THE OCCUPIERS LIABILITY ACT OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT.

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This Release Agreement shall apply to all future participation in Fitness Activities.

 

Releasees

TO: 13997910 Canada Inc., carrying on business as Sweatworking Collective, and its respective directors, officers, employees, guides, instructors, trainers, dieticians, masseurs, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors and assigns (all of whom are hereinafter collectively referred to as the “Releasees”).

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Definition of Fitness Activities

In this agreement, the term “Fitness Activities” shall include all activities, services and use of facilities and equipment provided or arranged by the Releasees, including but not limited to:

Orientation and instructional sessions, seminars and retreats; all fitness training programs; weight training; cross training; strength and conditioning training; yoga; pilates; massage; and all other related activities.

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Assumption of Risks

I am aware that participating in Fitness Activities involves various risks, dangers and hazards, including the risk of personal injury, death or property loss from various causes including but not limited to:

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Slips, trips and falls; loss of balance; overexertion or lack of fitness or conditioning; shock, stress, strains, sprains; catastrophic injuries including paralysis and brain injury; health problems related to dehydration; dangerous or unsafe condition of the facilities used for Fitness Activities; failure of equipment used for Fitness Activities; failure to act safely; negligence on the part of other participants in Fitness Activities; and NEGLIGENCE ON THE PART OF THE RELEASEES.

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I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN FITNESS ACTIVITIES.

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I AM AWARE OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN FITNESS ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.

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Release of Liability, Waiver of Claims and Indemnity Agreement

In consideration of the Releasees allowing me to participate in Fitness Activities, I hereby agree as follows:

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1. Waiver and Release of Claims

TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the Releasees and to release the 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 Fitness Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIER LIABILITY ACT, RSBC 1996, c 337, ON THE PART OF THE RELEASEES.

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I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN FITNESS ACTIVITIES.

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2. Indemnification

TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in Fitness Activities.

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3. Binding Effect

This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death.

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4. Governing Law

This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of British Columbia and no other jurisdiction.

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5. Jurisdiction

Any litigation involving the parties to this Release Agreement shall be brought solely within British Columbia and shall be within the exclusive jurisdiction of the Courts of British Columbia.

In entering into this Release Agreement, I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of Fitness Activities, other than what is set forth in this Release Agreement.

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Acknowledgement and Agreement

I CONFIRM THAT I HAVE READ THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS THAT I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.