RELEASE OF LIABILITY AGREEMENT, WAIVER OF CLAIMS,
ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
By agreeing to this document you will waive certain legal rights, including the right to sue.
Please read carefully.
You should consult your physician or other health care professional before starting this or any other fitness program to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this fitness program if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately.
In consideration of the Releasees accepting my application to participate in the exercise programs and permitting my use of their exercise equipment and premises at KeepFit Women, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I hereby agree, on my behalf and on behalf of any minor children participating in these activities, for whom I am legally responsible, to the following:
Assumption of risks:
- I am aware that participating in the exercise programs and use of the exercise equipment offered by KeepFit Women involves many risks, dangers and hazards including but not limited to;
• Injuries from executing strenuous and demanding physical techniques
• Injuries from training including uses of weights, ropes, running and stretching
• Injuries from mats, and other surfaces including bacterial infections and rashes
• Injuries from collision with walls and equipment
• Injuries resulting from failure to properly use any piece of equipment or from the mechanical failure of any piece of equipment
• Spinal cord injury which may render me permanently paralyzed
• Injuries from physical exertion which may result in heat stroke
• Injuries from contact, colliding or being struck by other participants, spectators or equipment.
• Injuries resulting from vigorous physical exertion an strenuous cardiovascular workouts
• Injuring from exercising and stretching various muscle groups
Furthermore I am aware;
- That injuries sustained in any exercise programs or by use of exercise equipment can be severe
- that I may come in close contact with other participants, including the possibility of accidental and unexpected contact
- That I may experience anxiety while challenging myself during the activities
- That my risk of injuries may be reduced by following the rules odopted by KeepFit Women; and
- My risk of injury increases as I become fatigued.
- To accept and fully assume all such risks, dangers and hazards resulting from my participation in the exercise programs, the use of the exercise equipment at KeepFit Women and my presence on the premises and the possibility of personal injury, death, property damage or loss resulting therefrom.
- To accept and fully assume all responsibility for any personal or real property damage caused as a result of my participation in the exercise programs, the use of the exercise equipment at KeepFit Women and my presence on the premises.
- To waive any and all claims that I have and that my child may have, if applicable, in the future against the Releasees and to release the Releasees from any and all liability or responsibility whatsoever for any loss, personal injury, property damage, expense or wrongful death that I may suffer, however caused, including, but not limited to, the negligence of the Releasees, whether active or passive, resulting either directly or indirectly from my use of the facilities, the equipment or my presence on the premises.
- To hold harmless and indemnify the Releasees from any claims or demands resulting from any property damage or personal injury to any third party, including any children in the unsupervised play area, which may be made against the Releasees resulting from my participation in the exercise programs and use of the exercise equipment at KeepFit Women and my use of the premises and facilities.
- That this agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, beneficiaries, assigns and personal representatives, in the event of my death or incapacity.
- That any personal property placed in the premises, or in any other portion of the property in which the premises is located, shall be at my sole risk or at the risk of the parties owning same, and the Releasees shall in no event be liable for the loss, destruction, theft or other damage to such property whether caused by or resulting from the negligence of the Releasees.
- That this agreement shall be governed and interpreted in accordance with the laws of the Province of Ontario and that any litigation involving the parties to this agreement shall be brought within the Province of Ontario.
- That I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of the exercise programs and the use of the exercise equipment at
KeepFit Women other than what it is set forth in this Agreement.
10. Special Limitation of Liability During the Coronavirus/COVID-19 Pandemic
KeepFit Women takes the Coronavirus pandemic very seriously and has put in place preventative measures to help reduce the spread of COVID-19; however, despite our best efforts, KeepFit Women cannot guarantee that you, your family, and/or your guests will not become infected with COVID-19 or another virus or infectious disease (a “Communicable Disease”). It is possible that attending classes, events, and/or activities with KeepFit Women may place you in close physical contact with other members, attendees, and staff and could increase the risk that you, your family members, and/or your guests contract a Communicable Disease. You acknowledge the contagious nature of Contagious Disease’s and voluntarily assume the risk that you, your family members, and/or your guests may be exposed to or infected by a Communicable Disease at a KeepFit Women class and that such exposure or infection could result in personal injury, illness, permanent disability, and/or death. You understand that the risk of becoming exposed to or infected by a Communicable Disease at a KeepFit Women class may result from the actions, omissions, or negligence of yourself or others, including, but not limited to, KeepFit Women employees and members.
11. Release for use of images
I hereby grant to KeepFit, its subsidiaries, licensees, successors and assigns, a perpetual royalty free global license to use, publish, and reproduce, for all purposes, pictures of me in film or electronic (video) form, sound and video recordings of my voice, in any and all media including, without limitation, cable and broadcast television and the Internet, and for exhibition, distribution, promotion, advertising, sale, press conferences, meetings, hearings, educational conferences and in brochures and other print media. This permission extends to all languages, media, formats and markets now known or hereafter devised.
I acknowledge that I have read and understand this Agreement. Upon clicking "I Agree' and purchasing a KeepFit Women program, I acknowledge that I am agreeing to assume all risk of injury, loss or damage with respect to my use of the facilities and premises and my participation in the exercise programs at KeepFit Women, and that I am waiving any and all claims arising from any cause whatsoever against the Releasees, on behalf of myself and my heirs, successors and assigns, and that I will indemnify the Releasees if any such claims are brought against them by third parties.