ASSUMPTION OF RISK, WAIVER OF RIGHTS, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
ASSUMPTION OF RISK, WAIVER OF RIGHTS, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
(the "Agreement")
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE SERVICES.
The undersigned individual guest, customer or participant (in all cases referred to herein as the "Participant", including where this Agreement is signed on behalf of the Participant by a parent or legal guardian in which case "Participant" shall mean the parent or legal guardian on behalf of the individual participant) desires to access and/or use the premises, equipment and services, including, without limitation, fitness classes, the 'Baby and Me' program or other classes, programs or events (the "Services") provided or sponsored by 86479 Newfoundland and Labrador Corp. operating as Studio VERSŌ (the "Corporation"). In consideration of being permitted by the Corporation to access and use the Services, whether on the premises of the Corporation or at another location and including, without limitation, remote locations where the Services are delivered virtually, and in recognition of the Corporation's reliance on this Agreement, THE PARTICIPANT ACKNOWLEDGES HAVING READ AND UNDERSTOOD THIS AGREEMENT AND AGREES TO BE BOUND TO THE FOLLOWING TERMS AND CONDITIONS:
Acknowledgment and Assumption of Risk. The Participant understands and acknowledges that the Services are potentially hazardous and involve the risk of serious personal or psychological injury, temporary or permanent disability, death, the contracting of communicable disease, illness, and loss or damage of personal property. The Participant acknowledges that these risks may result from or be compounded by the actions or omissions of the Corporation. The Participant acknowledges and agrees that by accessing and using the Services, the Participant is voluntarily accessing and using the Services with knowledge of the dangers and hazards involved and accepts and assumes all risks arising therefrom.
Participant Fitness. The Participant understands the Services include physically strenuous activity, and therefore represents and warrants to the Corporation that they are good health and proper physical condition to participate in the Services, do not have any medical or other conditions that would impair their ability to participate in the Services, and acknowledges that the Participant should consult a physician before participating in the Services. The Participant agrees to comply with all federal, provincial and local laws, orders, directives and guidelines related to the Services and any communicable disease while accessing and using the Services. The Participant further agrees to follow all instructions, recommendations and cautions of the Corporation at all times. If at any time, the Participant believes the conditions to be unsafe or that they are no longer in proper physical condition to participate in the Services, the Participant agrees to immediately discontinue further participation in the Services. The Participant acknowledges that the Corporation is relying on these statements to allow the Participant to access the Services.
Waiver of Rights and Release of Liability. The Participant hereby waives, releases and discharges the Corporation and its directors, officers, employees, volunteers, contractors, agents, affiliates, representatives, successors and assigns (each a "Releasee" and collectively, the “Releasees”) from any claim, demand, damage, loss, action or cause of action (each a "Claim" and collectively, the "Claims") that the Participant may have, may have had, or may have in the future against the Releasees arising out of or in any way connected to the Services or the Participant’s attendance and participation in the Services, notwithstanding that any such Claims may have arisen by reason of the negligence on the part of any Releasee. The Participant covenants and agrees not to make or bring any such Claims against any of the Releasees, and forever releases and discharges the Releasees from liability under such Claims. Without limiting the generality of the foregoing, this release of liability includes, without limitation, Claims which may occur as a result of:
the Participant’s use of the fitness equipment provided during the Services;
exposure to flashing lights during the Services;
negligent instruction or supervision during the Services; and
any accident involving a third party during the course of the Services.
Indemnity. The Participant shall indemnify, hold harmless, and keep indemnified, all Releasees against any and all losses, damages, liabilities, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable legal fees and the cost of enforcing any right to indemnification under this Agreement, incurred by or awarded against any Releasee arising out of or resulting from any Claims:
which may be brought by a third party for and in respect of any damages or losses related to the Participant's access and use of the Services, including any Claim related to the Participant's own negligence or the negligence of a Releasee;
which may be brought by or on behalf of the Participant for and in respect of any damages or losses arising from the Services; and
which may be brought by or on behalf of the Participant against any other person, corporation or entity giving rise to a claim for contribution or indemnity from a Releasee.
Successors and Assigns. This Agreement shall be binding on the Participant’s heirs, executors, successors, assigns, personal representatives, and next of kin. This Agreement shall inure to the benefit of the assigns and successors of the Corporation.
Equipment. The Participant acknowledges and agrees that the Corporation makes no representation or warranty as to the condition, maintenance, state of repair, or fitness for any purpose of the equipment, including spin bikes, rowing machines, resistance bands and/or free weights that the Participant will use during the course of the Services.
Flashing Lights. The Participant acknowledges and agrees that, unless otherwise indicated, fitness classes offered by the Corporation incorporate the use of flashing lights that may not be safe for individuals with epilepsy or other conditions with sensitivity to light. The Participant acknowledges and agrees that any exposure to flashing lights during the course of the Services is at the sole risk and responsibility of the Participant and the Releasees shall bear no liability in connection therewith.
Medical Attention. The Participant hereby consents to receive medical treatment if deemed necessary if Participant is injured or requires medical attention during the Participant's participation in the Services. The Participant understands and agrees that the Participant is solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. The Participant hereby releases, forever discharges, and holds harmless all Releasees from Claims based on such medical treatment or service.
General. This Agreement constitutes the sole and entire agreement 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 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.
Governing Law. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the Province of Newfoundland and Labrador, without giving effect to any conflict of laws principles. Any claim or cause of action arising under this Agreement may only be brought in the courts of the Province of Newfoundland and Labrador and the parties irrevocably accept and submit to the jurisdiction of the courts of Newfoundland and Labrador with respect thereto.