Release of Liability, Waiver of Claims and Assumption of Risks
BY AGREEING TO THESE TERMS, YOU WILL
WAIVE
CERTAIN LEGAL RIGHTS,
INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION
PLEASE READ CAREFULLY!
In consideration of Solstice Fitness Club ("SFC") permitting the individual named below ("I" or "me") to participate in SFC’s personal training and nutrition coaching or other similar programs (the “Activities”), and for other good and valuable consideration, I agree to all the terms and conditions set forth in this agreement (this "Agreement").
1. “Activities”: Includes but is not limited to sports, fitness, functions, instruction, nutrition and diet coaching, use of nutritional and other health documents, participation in programs, and services provided to the client by SFC, its directors, officers, employees, volunteers, coaches, officials, trainers, nutritionists and affiliates (collectively, "Releasees”).
2. General Assumption of Risk: I am aware and understand that the Activities involve certain risks, dangers and hazards, including but not limited to the risk of serious injury, death or property damage. I acknowledge that I am voluntarily participating in the Activities. I am aware that any and/or all of the Activities may be unsupervised by SFC and/or SFC’s representatives and that any recommendations made to me by SFC during my participation in the Activities may lead to risks, dangers and hazards. I understand the risks may be relative to my own state of fitness and health (physical, mental and emotional), and to the awareness, care and skill with which I conduct myself while participating in the Activities. I acknowledge that I am voluntarily participating in the activities. I agree that although SFC has taken steps to reduce the Risks and increase the safety of the Activities and nutritional guides, it is not possible for the SFC to make them completely safe. I freely accept and fully assume any and all of the risks, dangers and hazards involved and the possibility of injury, death or property damage, whether caused by the negligence of SFC and/or SFC’s representatives or otherwise.
3. Waiver/Release/Indemnification: I hereby expressly waive and release any and all claims which I have or may in the future have against SFC or any other Releasee, including but not limited to on account of injury, death or property damage arising out of or attributable to my participation in the Activities, due to any cause whatsoever, including without limitation the negligence of SFC For any other Releasee, breach of contract, or breach of any statutory or other duty of care owing under any legislation. I covenant not to make or bring any such claim against SFC or any other Releasee, and forever release and discharge SFC and all other Releasees from liability under such claims.
This waiver applies to all users, regardless of their location or place of residence.
4. Further Release/Waiver: In addition to consideration given to SFC and any other Releasee for my participation in Activities, I and my heirs, next of kin, executors, administrators and assigns (collectively my “Legal Representatives”), agree: a. to waive all claims that I have or may have in the future against the SFC and any other Releasee. to release and forever discharge the FMY and other Releasee from all liability for all personal injury, death, property damage or loss resulting from my participation in Activities due to any cause, including but not limited to negligence (failure to use such care as a reasonably prudent and careful person would use under similar circumstances), breach of any duty imposed by law, or mistake or error of judgement of the SFC and any other Releaseec. to be liable for and to hold harmless and indemnify the SFC from all actions, proceedings, claims, damages, costs, demands including court costs and costs on a solicitor and client basis, and liabilities of whatsoever nature or kind arising out of or in any way connected with my participation in Activities
5. Entire Agreement clause: This Agreement constitutes the entire agreement of SFC and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is held to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall enure to the benefit of me and my heirs and next-of-kin, and SFC and its successors and assignees. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of the Province of Ontario, and I hereby consent to the exclusive jurisdiction of such courts.
6. Electronic Signature: I acknowledge and consent to this Agreement being executed by electronic signature pursuant to the
Electronic Commerce Act 2000 and Electronic Documents and Electronic Information Regulations, SOR/2014-117.
7. Confirmation: acknowledge that I have read and understood all of the terms of this agreement
and that I am voluntarily waiving substantial legal rights (on my behalf and on behalf of my heirs, executors, administrators and next-of-kin), including the right to sue FMT and the releasees. I am not under any duress or otherwise suffering from any incapacity at the time of reading this waiver and the acceptance of its terms