WAIVER OF LIABILITY
Please carefully read the following Waiver of Liability terms and conditions.
ACKNOWLEDGEMENT AND RELEASE
After reading this Acknowledgement and Release, if any aspect is unclear and requires clarification, it is your responsibility to have your solicitor explain its terms fully before signing.
By signing this document, you are waiving your right to bring a court action to recover compensation or obtain any other remedy for any personal injuries, damage to property, accident of any kind, or for your death, arising out of your use of Fitness 365 facilities, equipment, your participation in classes or activities sponsored by Fitness 365, whether that use is supervised or unsupervised.
You must be at least 18 years of age to sign this document, otherwise your parent or legal guardian must sign on your behalf.
WHEREAS Redwing Holdings Incorportated, doing business as Fitness 365 (“Fitness 365”) operates facilities and equipment (the “Gym”) and may provide classes or activities that may be supervised or unsupervised by Fitness 365 employees or agents (collectively, the “Gym Activities”);
AND WHEREAS an essential condition Fitness 365 permitting the undersigned to use the Gym or to participate in the Gym Activities, the undersigned has agreed to give this Acknowledgement and Release;
IN CONSIDERATION of Fitness 365 permitting the undersigned to use the Gym and participate in Gym Activities, I, for myself, my personal representatives, assigns, heirs and next of kin:
ACKNOWLEDGE, agree and represent that I understand the nature of the Gym and Gym Activities, that I am in good health and in proper physical condition to use the Gym and to participate in Gym Activities:
FULLY UNDERSTAND that:
a) the Gym and Gym Activities may involve serious risks and dangers of serious bodily injury, including permanent disability, paralysis and death (the “Risks”);
b) these Risks may be caused by my own actions or inactions, the actions or inactions of others using the Gym or participating in Gym Activities, the condition of the Gym or the condition in which the Gym Activities take place, or the negligence of the Releases listed elow;
c) there may be other special and unusual risks associated with the Gym or the Gym Activities, including social and economic losses, either not known to me or not readily foreseeable at this time; AND
I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR ALL LOSSES, COSTS, AND DAMAGES I may incur as a result of my use of the Gym or my participation in Gym Activities both now and in the future.
AGREE AND WARRANT that I will examine and inspect all Gym Equipment and each Gym Activity in which I take part and, if I observe any condition which I consider to be unacceptably hazardous or dangerous, I will notify the proper authority in charge of the Gym or the Gym Activities until the condition has been corrected to my satisfaction.
HEREBY RELEASE, discharge and covenant not to sue Fitness 365, its owners, administrators, directors, agents, officers, servants, consultants, successors, assigns, volunteers, employees, sponsors, advertisers, liquidators, receivers, receiver-managers, trustees, shareholders and if applicable, owners and leasers of the premises in which the Gym is operated or the Gym Activities take place and all persons who have designed, manufactured or installed the Gym’s facilities (collectively referred to as the “Releases”) from all liability, claims, causes of action, demands, losses or damages on my account caused, or alleged to be have been caused, in whole or in part by my use of the Gym, my participation in Gym Activities or the negligence of the Releases or otherwise. I further agree that if despite executing this Acknowledgement and Release (the “A.R”), I or anyone on my behalf, makes a claim against any of the Releases whether directly or indirectly, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS each of the Releases from any litigation expense, solicitor fee, loss, liability, damage or cost which may be incurred as a result of such claim.
CHOICE OF LAW AND ATTORNMENT – This A.R. shall be governed by and consulted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. The undersigned agrees that the courts of the Province of Ontario will have the exclusive jurisdiction to determine all disputes and claims arising between the parties.
SUCCESSORS AND ASSIGNS – This A.R. shall ensure to the benefit of Fitness 365 and its respective heirs, executors, administrators, successors, assigns, and legal representatives.
I have read this Acknowledgement and Release. I fully understand its terms, and understand I have given up substantial rights by signing it. I have signed this Acknowledgement and Release freely and without any inducement or assurance of any nature. I intend this Acknowledgement and Release to be irrevocable and an unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this Acknowledgement and Release is held to be invalid, the balance of the Acknowledgement and Release shall continue in full force and effect.