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BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT AS WELL AS THE RIGHT OF YOUR PERSONAL REPRESENTATIVES TO COMPENSATION FOR YOUR DEATH.
PLEASE READ THOROUGHLY BEFORE SIGNING.
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TO:
CITY FIT SHOP INC, IT'S DIRECTORS, OFFICERS, EMPLOYEES, INSTRUCTORS, REPRESENTATIVES, VOLUNTEERS, AGENTS, PARTICIPANTS, LESSORS, INDEPENDENT CONTRACTORS, SUBCONTRACTORS, SPONSORS, EQUIPMENT MANUFACTURERS, EQUIPMENT DISTRIBUTORS, SUCCESSORS, AND ASSIGNS (ALL OF WHOM ARE HEREINAFTER REFERRED TO AS THE "RELEASEES"),
DEFINITION:
In this Release Agreement the term "ACTIVITIES" shall include all activities, events, and services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include, but are not limited to: observation, use of indoor and outdoor facilities, use of equipment, use of obstacles, participation in private events, participation in public events, participation in programs and/or classes, and other such events, activities, and services in any way connected with or related to City Fit Shop Inc.
ASSUMPTION OF RISKS
I am aware and have full knowledge of the nature and extent of the risks, dangers, and hazards involved in participating in City Fit Shop Inc. ACTIVITIES. The risks, dangers, and hazards include, but are not limited to illness, falling from heights; paralysis; torn ligaments and tendons; splinters; cuts and bruises; muscle and joint sprains and strains; broken wrists, arms, ankles, and legs; concussions; injury to the musculoskeletal and/or cardiorespiratory systems that can result in serious injury or death; negligence on the part of myself, my instructors, or other people around me; improper use of failure of equipment; improper training techniques; medical conditions whether known or unknown to me; failure to act safely within my own ability; outdoor terrain that includes: exposed rock, earth, ice, and other natural objects, mud, ice and other slippery conditions, steep inclines and declines, uneven surfaces and exposed holes, and steep embankments; and other serious injuries, death and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGAURD OR PROTECT ME FROM THE RISKS, DANGERS, AND HAZARDS OF PARTICIPATING IN CITY FIT SHOP INC. ACTIVITIES REFERRED TO ABOVE. I AM ALSO AWARE THAT THE RISKS, DANGERS, AND HAZARDS REFERRED TO ABOVE COULD EXIST THROUGHOUT THE AREA AND THAT MANY HAZARDS ARE UNMARKED.
I AM AWARE OF THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH CITY FIT SHOP INC. AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS, AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the RELEASEES agreeing to my participation in City Fit Shop Inc. ACTIVITIES and permitting my use of their services, equipment, facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby acknowledge, understand, covenant, and agree as follows:
- TO WAIVE ANY AND ALL CLAIMS that I may in the future have against RELEASEES AND TO RELEASE THE RELEASEES from and and all liability for any loss or damage to property, injury, or death to person, whether said damage or injury results from conditions arising upon the participation in City Fit Shop Inc. ACTIVITIES or arising out of or in connection with City Fit Shop Inc. ACTIVITIES. CITY FIT SHOP INC. SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE OWED UNDER THE OCCUPIER'S LIABILITY ACT RSA 2000, c. 0-4 ON THE PART OF THE RELEASEES AND ANY OTHER MEMBER, OCCUPANT OR USER OF THE CITY FIT SHOP INC. PREMISES OR PARTICIPANT IN CITY FIT SHOP INC. ACTIVITIES. I ASSUME FULL RESPONSIBILITY FOR, AND RISK OF, BODILY INJURY, DEATH OR PROPERTY DAMAGE. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE DANGERS, RISKS, AND HAZARDS OF PARTICIPATING IN CITY FIT SHOP INC. ACTIVITIES REFERRED TO ABOVE;
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage, loss or personal injury to any third party resulting from my use of, or participation in, City Fit Shop Inc. ACTIVITIES or use of their facilities.
- This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns, and representatives in the event of my death or incapacity;
- This Release 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 Alberta and no other jurisdiction; and
- Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of Alberta and shall be within the exclusive jurisdiction of the Courts of the Province of Alberta; and
In entering into this Release Agreement, I am not relying upon any oral or written representations or statements made by the Releaseses with respect to the safety of my use of, or participation in City Fit Shop Inc.ACTIVITIES or use of the Facilities other than what is set forth in this Agreement.
I AM SATISFIED THAT I HAVE FULLY INFORMED MYSELF ABOUT THE PHYSICAL RISKS AND VOLUNTARILY ACCEPT THESE PHYSICAL RISKS BOTH KNOWN AND UNKNOWN PRIOR TO SIGNING IT. I AM AWARE THAT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS,
NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS,
AND REPRESENTITIVES MAY HAVE AGAINST THE RELEASEES.
SPECIAL LIMITATION OF LIABILITY DURING THE CORNAVIRUS/COVID-19 PANDEMIC
City Fit Shop takes the Coronavirus pandemic very seriously and has put in place preventative measures to help reduce the spread of COVID-19; however, City Fit Shop cannot guarantee that you, your family, and/or your guests will not become infected with COVID-19. It is possible that attending classes, events, and/or activities at City Fit Shop 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 COVID-19. You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you, your family members, and/or your guests may be exposed to or infected by COVID-19 at City Fit Shop 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 COVID-19 at City Fit Shop may result from the actions, omissions, or negligence of yourself or others, including, but not limited to City Fit Shop employees and members.
By signing this document, enrolling online, and/or attending in person classes, events, activities, and other programs and/or entering the City Fit Shop, to the extent allowed by applicable law, you voluntarily agree, on behalf of yourself, your heirs, personal representatives and/or assigns, and any minor child you may enroll: (a) to assume all of the foregoing risks related to COVID-19 and accept sole responsibility for any COVID-19 related injury, illness, damage, loss, claim, liability, or expense of any kind (including, but not limited to, personal injury, disability, and/or death) that may occur to you or your family members in connection with attendance at City Fit Shop or as a result of participation in City Fit Shop Services (“Claims”), and (b) covenant not to sue City Fit Shop, its instructors, clients, and employees for the Claims, including all liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating thereto based on the actions, omissions, or negligence of City Fit Shop, its instructors, its members, and its employees, whether a COVID-19 infection occurs before, during, or after entering City Fit Shop studio facilities or participating in any City Fit Shop Services.
GYM RULES
- I VOLUNTARILY AGREE TO COMPLY with the stated and customary terms and conditions for participation. If, however, I observe any unusual and/or significant hazard during my presence or participation, I will remove myself from participation and bring such hazards to the attention of the nearest RELEASEE of CITY FIT SHOP INC.;
- I ACKNOWLEDGE THAT CITY FIT SHOP INC. MAY, AT IT'S DISCRETION, REVOKE MY PRIVILEGES to participate in any and all CITY FIT SHOP INC., ACTIVITIES or to use CITY FIT SHOP INC. equipment, and facilities for misconduct or breach of the rules set out by City Fit Shop Inc.
- I will familiarize myself with City Fit Shop Inc.'s safety guidelines.
- All children under the age of 16 must be supervised at all times.
I understand and agree to the rules and requirements for this activity:
- NON-RECORDING OF LIVE STUDIO/ONLINE CLASSES AGREEMENT
You acknowledge and agree that any type of recording or transmission (video, audio, still photography, streaming, social media posting, etc.) of any live City Fit Shop classes, whether in person or online, is strictly prohibited without the prior written consent of an authorized corporate officer of City Fit Shop. City Fit Shop teams and instructors are not authorized to provide consent.
This includes even a temporary recording/transmission of a live City Fit Shop online class via online platforms such as SnapChat, Facebook, or Instagram. You are, however, permitted to record and post lawful, non-offensive content related to your participation in a City Fit Shop online or studio class before and/or after a class with the consent of each participant who is identified in your content.
Any violation of this policy is grounds for exclusion from future participation in any City Fit Shop classes. You further agree to indemnify, defend, and hold harmless City Fit Shop, its officers, directors, employees, agents, and instructors, from and against any claims, lawsuits or other actions, and all resulting loss, damage, or cost of any kind (including reasonable attorneys’ fees) resulting from your violation of this policy.
- CONSENT TO FIRST AID and/or MEDICAL TREATMENT
I CONSENT TO administration of first aid and other medical treatment in the event of injury or illness and hereby release and indemnify Releasees from any and all liability or claims rising out of such treatment.
- RELEASE, IMAGE AND LIKENESS
- I/we hereby irrevocably grant permission to the Releasees to film, videotape and record gratis the performance of the above named participant (referred to herein as I, me, my) in the aforementioned ACTIVITIES and subsequently to the telecast and otherwise utilize the same in whatever manner Releasees shall deem appropriate. Such permission shall include granting the unlimited and irrevocable right to Releasees, without compensation of any kind to me, to use, reproduce, or broadcast my name, nickname, image, likeness, voice, photograph, signature facsimile, and biographical information in connection with the ACTIVITY without compensation of any kind to me. I acknowledge that Releasees and their representitives shall have the unlimited right throughout the world to copyright, use reuse, publish, republish, broadcast and otherwise distribute depictions of or information about me and all or any portion of the ACTIVITIES in which I may appear on any and all radio, network, cable and local television programs and in any print materials and in any other format or media (including electronic media) now known or hereinafter devised in perpetuity and without compensation to me. In consideration and in return for being allowed to participate in the ACTIVITIES, I release and agree not to sue the Releasees from all present and future claims regarding my participation in the ACTIVITIES that may be made by me, my family, estate heirs, or assigns.
SERVICE TYPE:
PLEASE SELECT WHO WILL BE PARTICIPATING:
This agreement is just for YOU.
This agreement is for 1 MINOR.
This agreement is for YOU and 1 MINOR.
This agreement is for 2 MINORS.
This agreement is for YOU and 2 MINORS.
This agreement is for 3 MINORS.
This agreement is for YOU and 3 MINORS.
This agreement is for 4 MINORS.
This agreement is for YOU and 4 MINORS.
This agreement is for 5 MINORS.
This agreement is for YOU and 5 MINORS.
This agreement is for 6 MINORS.
This agreement is for YOU and 6 MINORS.
This agreement is for 7 MINORS.
This agreement is for YOU and 7 MINORS.
This agreement is for 8 MINORS.
This agreement is for YOU and 8 MINORS.
This agreement is for 9 MINORS.
This agreement is for YOU and 9 MINORS.
This agreement is for 10 MINORS.
This agreement is for YOU and 10 MINORS.
The Parent/Guardian must sign the waiver for the minor(s).