SOULPOWER FITNESS RELEASE OF LIABILITY, WAIVER OF CLAIMS,
ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
(hereinafter referred to as the “Agreement”) BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN
LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE PLEASE READ CAREFULLY! I am voluntarily registering my child(s) into the kids fitness programs conducted by SoulPower Fitness. CONSENT: To the best of my knowledge, my child(s) can fully participate in exercise. I represent and warrant that my child(s) has no medical condition that would prevent participation in the program. RULES AND REGULATIONS: My child and I further agree to become familiar with the rules and regulations at SoulPower Fitness concerning participant conduct and not to violate said rules of any directive or instruction made by the person or persons in charge of the exercise class. In the event my child does not adhere to the instructor’s rules compromising child(s) safety in the SoulPower Fitness facility, my child may be terminated from the remaining classes.
ASSUMPTION OF RISKS I am aware that participating in the activities offered by SOULPOWER involves many risks, dangers and hazards including, but not limited to, any manner of injury (including aggravation of pre-existing injuries or conditions) or death resulting from the following: use, misuse, non-use or failure of any equipment; intensive activity; overexertion; dehydration; fatigue; lack of fitness or conditioning; collision with objects, equipment, or other participants, staff and other persons; lack of, or inadequate, warnings, directions, instructions or guidance; failing to follow, or inadequately following, warnings, directions, instructions or guidance; slipping from slippery surfaces, including floors, mats or other equipment; equipment failure, including mechanical failure, and negligent design or manufacture of the equipment; falling from elevated surfaces; negligence of other participants; and NEGLIGENCE ON THE PART OF SOULPOWER OR ITS STAFF INCLUDING THE FAILURE ON THE PART OF SOULPOWER OR ITS STAFF TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ACTIVITIES OFFERED BY SOULPOWER. I am also aware that the risks, dangers and hazards referred to above exist throughout SOULPOWER’s location and that many or all are unmarked. I am aware that through the attendance of any of SOULPOWER’s online classes the same risks and dangers are apparent to me should I choose to participate in them. For greater clarity, should I rent, lease or use any of SOULPOWER’s equipment in my own home during an online class, said use shall be subject to the same terms and releases included herein. I am aware that SOULPOWER is taking every reasonable step to ensure the health and safety of myself and other patrons, employees, staff members, agents, instructors and trainers but cannot ensure total safety with respect to my physical health. I have been informed and I am aware that those who may be experiencing COVID-19 symptoms have been asked to stay away from SOULPOWER, but SOULPOWER cannot guarantee the same. Further, I understand and am aware that some people who carry COVID-19 may be asymptomatic and not outwardly exhibiting signs. I agree that my attendance at SOULPOWER is voluntary, and that should I come into contact with anyone who tests positive for COVID-19 that I have done so at my own risk and release from liability SOULPOWER, their directors, officers, employees, agents, representatives, sponsors, successors and assigns from any liability whatsoever, now and in the future. I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH PARTICIPATING IN SOULPOWER ’S ACTIVITIES WHETHER IN PERSON OR ONLINE AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM. RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of SOULPOWER allowing my participation in its activities, I hereby agree as follows: 1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against SOULPOWER, and its directors, officers, employees, agents, representatives, sponsors, successors. instructors, trainers and assigns (all of whom are hereinafter collectively referred to as the “RELEASEES”), and TO RELEASE 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 SOULPOWER’s activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF THE RELEASEES, AND ALSO INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN SOULPOWER ’S ACTIVITIES REFERRED TO ABOVE; 2. 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 SOULPOWER’s activities; 3. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, representatives and assigns, in the event of my death or incapacity; 4. That if I am supplying my own equipment, I am responsible for ensuring that it is safe and well maintained and up to the requisite standards for the activity in which I am participating. I understand that the Releasees accept no responsibility for any incidents or accidents occurring out of the use or misuse of my equipment. 5. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Saskatchewan and no other jurisdiction; and 6. Any litigation involving the parties to this Agreement shall be brought solely within the Province of Saskatchewan and shall be within the exclusive jurisdiction of the Courts of the Province of Saskatchewan. In entering into this Agreement, I am not relying upon any oral or written representations made by the Releasees with respect to the safety of participating in SOULPOWER’s activities other than what is set forth in this Agreement. I have read the above waiver and release of liability and fully understand its contents. I voluntarily agree to the terms and conditions stated above. I Agree I CONFIRM THAT I AM 18 YEARS OF AGE OR OLDER, THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT ON BEHALF OF MY CHILD I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, REPRESENTATIVES AND ASSIGNS MAY HAVE AGAINST THE RELEASEES. This Agreement must be signed before the participant may participate in any activities offered by SOULPOWER.
|