WAIVER OF LIABILITY
Elite Training Facility
(a division of [987654] Ontario Inc.)
Safety is a fundamental part of our operation. Safety is taught and practiced in every program we offer. Despite operating to the best of our capabilities, the possibility of an accident still exists. We cannot - nor can anyone - reduce that possibility to zero.
IN CONSIDERATION OF the provision of services by [987654] Ontario Inc., operating as “Elite Training Facility”, its employees, members, coaches, leaders, instructors, contractors, representatives and/or agents, and all other persons or entities acting in any capacity on behalf of any of the foregoing (jointly and severally referred to as “Elite Training Facility”) to the participant and/or legal guardian and other good and valuable consideration, the receipt and sufficiency of which is confirmed, the undersigned agrees as follows:
ACKNOWLEDGMENT OF RISK: I acknowledge that my participation in any personal training session, group fitness activity, athletic event, educational program, wellness program, nutritional program, yoga, mobility program, stretching program, physiotherapy treatments or other programs, activities, classes, sessions, seminars, workshops, assessments, events, amenities and services, or benefits that are sponsored, endorsed or operated by Elite Training Facility (collectively, a “Program”) or in any exercise, activity, movement proposed or suggested in any such Program, and in any advice provided or proposed during any Program or any other communication from Elite Training Facility, irrespective of form or format (collectively, with and in connection with any Program, a “Elite Training Facility Activity”, or in the plural, “Elite Training Facility Activities”, as the context requires) entails foreseeable and unforeseeable risks which cannot be eliminated without destroying the unique character of the Elite Training Facility Activities.
I understand that Elite Training Facility does not want to frighten me or reduce my enthusiasm for the Programs, but thinks it is important for me to know in advance what to expect and to be informed of the risks in participating in Elite Training Facility Activities. The following describes some, but not all, of those risks:
PARTICIPATION AND RISKS: I acknowledge that decisions are made by Elite Training Facility based on a variety of perceptions and evaluations which, by their nature, are imprecise and subject to errors in judgment. My participation in any Program or Elite Training Facility Activity is purely voluntary, no one is forcing me to participate, and I choose to participate despite and with full knowledge of the risks, and I confirm that I am responsible for my own safety and for the safety of other that may be affected by my participation in a Program or Elite Training Facility Activity.
I acknowledge that:
(1) by participating in Elite Training Facility Activities, I am subject to numerous foreseeable and unforeseeable risks to my person and property;
(2) Elite Training Facility Activities vary from Program to Program and include, but are not limited to, running, cycling, social outings, hiking, weight training, gymnastics, and advice and information about wellness, nutrition, exercise, flexibility, mobility and stretching delivered through educational group programs, personal assessments and discussions and/or through other means of communication; and
(3) possible injuries, illnesses and damages arising from my participation in any of these BBE Activities include, but are not limited to, death, disability, impairment, incapacity, trauma, paralysis, brain damage, heart attacks, strokes, disfigurement, heat stress and/or heat stroke, dehydration, concussions, hearing loss, torn or damaged muscles or ligaments, broken bones, joint dislocations, allergic reactions, burns, sprains, bruises and scrapes, aggravation of pre-existing injuries or medical conditions, slips, trips, collisions, falls, loss of footing or balance, cuts, bruising, skin tears, injuries from fitness equipment, equipment failure, equipment malfunctions, equipment misuse, pain and suffering, loss of consortium, love, affection, comfort, companionship, or care, emotional distress, embarrassment, humiliation, shock, lost wages or lost earning capacity, and/or and loss or damage to my personal property and/or surroundings (collectively, a “Loss”).
I confirm and expressly agree that I accept and assume all the risks identified herein and those risks not specifically identified.
I am aware that the Elite Training Facility Program is being provided to me, alone, and to no other person. I agree that, in participating in any Program or Elite Training Facility Activities, I will comply with any rules, guidelines and requirements of such Program or Elite Training Facility Activities. I will not share or let anyone else participate in or follow the Program or Elite Training Facility Activity and I will defend, indemnify, and hold Elite Training Facility harmless from any claims for injury or damage arising as a result of anyone else, knowingly or unknowingly, participating in a Program or an Elite Training Facility Activity.
RELEASE AND LIMITATION OF LIABILITY: I have read, understood, and accepted the terms and conditions stated herein and acknowledge that this agreement shall be effective and binding upon me, my heirs, assigns, personal representatives, estate and all members of my family. With full knowledge of the risks, dangers, and potential consequences of my participation in any Program or Elite Training Facility Activity, I hereby agree for myself, my heirs, assigns, personal representatives, estate and all members of my family, that I:
(1) assume full responsibility for any Loss which might occur as the result of my own negligence;
(2) will NOT commence any claim, demand, action, causes of action or process (collectively, a "Claim") against Elite Training Facility for any debts, damages, losses, costs, fees, expenses or any other alleged liabilities or obligations of any kind or nature, whether known or unknown (collectively, "Damages") arising from any Loss, or otherwise;
(3) RELEASE Elite Training Facility from all Claims and all Damages arising from any Loss or otherwise;
(4) waive the benefit of all statutes, legislation, regulations or other laws, foreign or domestic, that would in any manner negate the intent and/or effect of this release of liability;
(5) waive the benefit of all conflict of laws statutes, legislation, regulations or other laws, foreign or domestic, that would apply to this agreement;
(6) agree to be bound by the laws of the Province of Ontario and the laws of Canada applicable therein;
(7) submit to the exclusive jurisdiction of the Courts of Ontario, Canada;
(8) agree that any action commenced in respect of this agreement will be commenced in the Province of Ontario, in Kitchener, Ontario;
(9) agree that, if Damages are awarded against Elite Training Facility (which Damages are specifically denied), under no circumstances will those Damages, in the aggregate, exceed the amounts paid by me to Elite Training Facility for participation in the Program; and
(10) intend this RELEASE to be effective whether or not any such Loss arises as a result of the negligence of Elite Training Facility, such negligence to include, but is not limited to, negligent provision of or failure to provide emergency care, provision of services, hiring, selection, training, instruction, certification, or supervision or retention of employees, independent contractors or volunteers.
I understand that negligence means a failure to do an act which a reasonable and careful person would do, or the doing of an act which a reasonable and careful person would not do, under the same circumstances, to protect himself, herself or others from injury or death.
PHOTO, VIDEO AND COMMUNICATION RELEASE: I acknowledge that Elite Training Facility Activities will be delivered to me by way of interactive video and may be supported by mutual written and/or electronic communications. I hereby grant to Elite Training Facility the unrestricted right and permission to use and publish any and all photographs, videos and other communications which may be taken of or delivered by me for any purpose whatsoever including, but not limited to, illustration, demonstration, promotion, publicity, and advertising. I hereby release Elite Training Facility from all Claims arising out of use of said photographs, videos and other communications of or from me, including all Claims for libel.
ELECTRONIC COMMUNICATIONS: I consent to receive electronic messages from Elite Training Facility , including messages whose primary purpose relates to my transactions or relationship with Elite Training Facility (membership, participation in Programs, purchase of products or services, or amendments to this agreement, etc.) or to advertise or promote products or services and messages.
SEVERABILITY: I agree that this agreement is intended to be as broad and inclusive. If a Court declares any part of this agreement to be unenforceable, invalid or void, that part alone shall be severed from this agreement, and the entire remainder of the agreement, including any partially enforceable provision, shall be fully binding and enforceable to the maximum extent permitted by applicable law.
AGREEMENT: This agreement may be amended at any time and from time to time by Elite Training Facility upon such notice, if any, as may be required by applicable law. I agree that I am bound by the terms of this agreement as of the date of my execution and thereafter by any amended terms on the date upon which Elite Training Facility makes any such amendments to this agreement, irrespective of whether I have notice of any such amendment. Any failure by Elite Training Facility to enforce any of its right in this agreement at any time or for any reason will not be construes a waiver by Elite Training Facility of those rights and Elite Training Facility may enforce those rights as set out in this agreement, unamended.
PARTICIPANT INFORMATION: I am over the age of eighteen (18). By executing below, I acknowledge and confirm that:
(1) I have read, understood, and accept the terms and conditions stated herein;
(2) I am not relying on any oral or written promises, representations, statements, covenants or warranties from Elite Training Facility to induce me to sign this agreement;
(3) I acknowledge that this agreement shall be effective and binding upon me, my heirs, assigns, personal representatives, estate and all members of my family;
(4) if I have not understood the meaning of any of the terms of this agreement, I have sought independent legal advice prior to my execution of this agreement and agreeing to be bound by it;
(5) the representations and warranties I make in this agreement are and will continue to be true and accurate and that I will fulfill all my covenants and agreements
(6) the representations, warranties and covenants I make by signing this agreement are being relied on by Elite Training Facility in connection with the provision of its Programs and Elite Training Facility Activities and that, in the absence of such representations, warranties and covenants, Elite Training Facility would not provide to me any Programs or Elite Training Facility Activities.
IF UNDER 18 YEARS OF AGE (a “minor participant”), PARENT OR GUARDIAN MUST READ AND SIGN BELOW separately for each minor participant:
**MUST SIGN BEFORE PARTICIPATING IN PROGRAM.**
I acknowledge and represent to Elite Training Facility that: (1) I have reviewed this agreement with each minor participant and explained to them the contents of this agreement; (2) I have the right and authority to make decisions concerning the care, custody and control of each of minor participant, including but not limited to, the right and authority to execute this agreement on behalf of each minor participant behalf; and (3) by signing this agreement, I am binding each minor participant to the terms of this agreement.
Physical Activity Readiness Questionnaire (PAR-Q)
Becoming more active is very safe for most people, but if you're in doubt, please complete the questionnaire below. Some people should check with their doctor before they start becoming much more physically active. Start by answering the seven questions below. If you are between the ages of 15 and 69, the PAR-Q will tell you if you should check with your doctor before you start. If you are over 69 years of age and are not used to being very active, definitely check with your doctor first.
- Has your doctor ever said that you have a heart condition and that you should only do physical activity recommended by a doctor?
- Do you feel pain in your chest when you do physical activity?
- In the past month, have you had chest pain when you were not doing physical activity?
- Do you lose your balance because of dizziness or do you ever lose consciousness?
- Do you have a bone or joint problem that could be made worse by a change in your physical activity?
- Is your doctor currently prescribing drugs (for example, water pills) for your blood pressure or heart condition?
- Do you know of any other reason why you should not do physical activity?
If you answered YES to one or more questions, talk with your doctor before you start becoming much more physically active.
If you answered NO to all questions, you can be reasonably sure that you can start becoming more physically active right now. Be sure to start slowly and progress gradually - this is the safest and easiest way to go.
Delay becoming much more active if:
- You are not feeling well because of a temporary illness such as a cold or a fever - wait until you feel better; or
- You are or may be pregnant - talk to your doctor before you start becoming much more active.
Note: If your health changes so that you then answer YES to any of the above questions, ask for advice from your fitness or health professional.
"I have read, understood and completed this questionnaire. Any questions I had were answered to my full satisfaction."
By clicking the button below, you are agreeing to be bound by the terms of this electronic document.
| Date - Time | [107] |
| IP Address | [108] |
| First Name | [109] |
| Last Name | [110] |
| Birthdate | [131] |
| Parent/Guardian Requirement | [132] |
| Parent/Guardian First Name | [116] |
| Parent/Guardian Last Name | [117] |
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