RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
BY PARTICIPATING IN ANY 3WAVE FITNESS & HEALTH, LTD. ACTIVITY/SERVIC/EVENT YOU ARE AGREEING TO WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT.
Your understanding of this document as well as the risks of the activities you’ll be doing are required for participation in this event.
TO: 3Wave Fitness & Health, Ltd. (“3Wave”) and their elected officials, directors, officers, employees, guides, instructors, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors and assigns (collectively referred to as the “Releasees” and individually as a “Releasee”)
I, being of sound mind/body and of legal age of consent, have chosen and am agreeing to participate in a 3Wave Fitness activity (the “Program”). The activities of the Program can include strength training, running, agility drills, jumping, intense cardiovascular activities, flexibility training, orientational or instructional skill lessons, stretching, yoga, consumption of food and beverages, transportation to and from activities, and other such activities and services provided by or for 3Wave in any way connected with or related to those activities. I understand the demanding physical nature of the Program. I hereby declare myself to be physically sound and suffering from no condition, impairment, disease or other illness that would prevent my participation in the Program, and I do hereby assume all responsibility for my preparation for and participation in the Program. I undertake and agree to remove myself from participation if I sense or observe any unusual hazard or unsafe condition, if I become aware of any medical condition, injury or impairment that may be detrimental to my health if I participate in the Program, or if, at any time, I feel unable or unfit to safely continue for any reason. I understand that the sole responsibility for my personal safety remains with me, including my physical and emotional preparation and fitness to participate in the Program. I understand that incorrect performance of exercises can lead to injury, and I commit to ask for assistance for any exercise I am unsure of how to perform safely. Fitness activities and programs require that I be in good health and have no condition that could endanger my wellbeing through participation. I will notify 3Wave of any such defects in writing prior to participation in the Program.
I am aware that the Program involves many risks, dangers and hazards, some foreseeable and some not, and that injuries are a common and ordinary occurrence. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, my physical condition, equipment (both provided and that I bring for use), actions of other people including, but not limited to, participants, volunteers and other people, conditions or circumstances in/around the space where the group fitness class is taking place, poor nutrition and lack of hydration, or underlying diagnosed/undiagnosed medical conditions. Some of the risks and hazards are inherent in the nature of the Program, others result from human error and negligence on the part of persons involved in the preparation or organizing and staging of the Program. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF ANY OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE. I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE PROGRAM AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
In consideration of 3Wave and the Releasees allowing me to participate in the Program and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
- TO FOREVER WAIVE ANY AND ALL CLAIMS, RECOURSES, PROCEEDINGS AND CAUSES OF ACTION that I have or may at any time in the future have against ANY OF THE RELEASEES, and TO RELEASE EACH OF 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 resulting from my participation in the Program DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACT, OR BREACH OF WARRANTY ON THE PART OF ANY OF THE RELEASEES;
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property of or personal injury to any third party, resulting from my participation in the Program;
- In the event of an accident or injury, I authorize 3Wave and their authorized third parties to obtain medical assistance deemed necessary in their discretion. I further assume responsibility to pay for any and all medical and emergency expenses, including transport, in the event of an accident or injury during the Program, regardless of whether I have subsequently authorized such expenses;
- If, despite this Release Agreement, I, or anyone on my behalf, makes a claim against any of the Releasees, I will indemnify and hold harmless the Releasees from any litigation expenses, attorney fees, loss, liability, damage or cost which they may incur as a result of such claim;
- In entering into this Release Agreement I am not relying upon any oral or written representations or statements made by the Releasees with respect to the safety of the Program other than what is set forth in this Release Agreement;
- I have been given the opportunity and have been encouraged to seek independent legal advice prior to signing this Release Agreement;
- This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in theevent of my death or incapacity;
- This 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 the Province of British Columbia and no other jurisdiction. Any litigation involving the parties to this Agreement shall be brought solely within the Province of British Columbia, and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia; and
- This release and waiver is intended to be as broad and inclusive as permitted by the laws of the Province of British Columbia and that if any portion hereof is invalid, it is agreed that the balance shall notwithstanding continue in full force and effect.
This Release Agreement will act in perpetuity for any subsequent activities hosted by 3Wave that I participate in – should any material or health issues arise after the initial signing of this document, I must report in writing that change to 3Wave prior to participating in future activities hosted by 3Wave.
By not checking the box below the signature line, I also give express permission to 3Wave to post and tag (with my name/social media account name) photos and videos containing my image/likeness on their website, any social media platform, in print or on other mediums for promotional or marketing purposes.
In entering into this Agreement I am not relying upon any oral or written representations or statements made by any of the Releasees with respect to the safety of participating in the Program other than what is set forth in this Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, FULY UNDERSTAND ITS CONTENTS, AND SIGN IT FREELY, WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE, WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE, AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. I VOLUNTARILY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS STATED ABOVE.
I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
Without limiting the generality of the foregoing, I acknowledge that I will be forever prevented from suing or otherwise claiming against the Releasees for any loss or damage connected with any property loss or personal injury I may sustain while participating in or preparing for the Program whether or not such loss or injury is caused solely or partly by the negligence of any of the Releasees.