PLEASE READ CAREFULLY! All sections must be filled out entirely in order to participate. Part 1 ASSUMPTION OF RISKS:
I understand that by participating in the classes, programs, workshops, or "open gym"sessions (the "activities") offered by The Monkey Vault Inc. operating as 'The Monkey Vault', I will receive information and instruction about physical fitness programming, including but not limited to Parkour/Freerunning, and I recognize that acting on this information or instruction will require the use of The Monkey Vault's equipment and facilities. I further understand and am aware of the risks, dangers, and hazards associated with or arising from the use of the equipment and facilities of The Monkey Vault and from participation in the activities, including but not limited to: fainting, abnormal blood pressure, musculoskeletal injuries (such as neck and back strains, muscle strains, muscles pulls, tendon and ligament damage, damage to joints or bone fractures), paralysis, death, or damage to myself, property, or to third parties, resulting from:
a) Falling and impacting wall surfaces or the ground, including any fixed or mobile objects, obstacles, or equipment, including both wooden and metal objects, obstacles, or equipment;
b) Falling participants or equipment, such as shoes, or weights;
c) Participation in the physical activity of the sport itself;
d) Negligence on the part of other participants; and/or
e) Negligence on the part of The Monkey Vault or its employees, agents, instructors or independent contractors (collectively the 'Releasees"), including the failure on the part of the Releasees to safeguard or protect me from the risks, dangers and hazards of the activities. I further understand that The Monkey Vault has rules and policies in place regarding safety, the activities, and the use of The Monkey Vault's equipment and facilities (the "rules"), and I acknowledge that I have reviewed the rules and that I understand the rules. I acknowledge that failure to follow any of the rules may results in complete revocation of all privileges provided by The Monkey Vault without refund of any fees. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in The Monkey Vaults classes, programs, workshops or open gym sessions. I represent and warrant that I am physically fit and I have no medical condition that would prevent my full participation in the exercise classes, programs or workshops. I further represent and warrant that I will not be under the influence of alcohol or any substance, which would impair my ability to undertake activities in the The Monkey Vault. I further understand that The Monkey Vault does not carry accident, medical, or dental insurance on my behalf.
I have read above and I voluntarily accept these physical risks. INITIALS (OF PARTICIPANT OR PARENT / LEGAL GUARDIAN) Part 2 RELEASE OF LIABILITY, WAIVER OF CLAIMS & INDEMNIFICATION:
In consideration for The Monkey Vault allowing me to participate in the activities and permitting my use of The Monkey Vault's equipment and facilities, and for good and
valuable consideration, the receipt and sufficiency of which is acknowledged, I agree as follows:.
a) To waive any and all claims that I have or may in the future have against 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 the activities due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or
other duty of care, including any duty of care owed under the Occupiers' Liability Act, R.S.O. 1990, c. O.2, 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
the activities referred to above;
b) 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 activities;
c) This agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, and representatives, in the
event of my death or incapacity;
d) This agreement limits the liability of The Monkey Vault's employees, agents, instructors or independent contractors (the
"Agents") to the same extent as it limits the liability of The Monkey Vault, even though the Agents are not formally parties to the
Agreement;
e) In entering into this agreement I am not relying upon any oral or written representations or statements made by the Releasees with respect to the safety of the activities other than what is set forth in this agreement;
f) This agreement supersedes any prior agreement or understanding between the parties.
g) 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 Ontario and no other jurisdiction; and
h) Any litigation involving the parties to this agreement shall be brought solely within the province of Ontario and shall be within the exclusive jurisdiction of the courts of the province of Ontario. I have read and understand this agreement and I am aware that by
signing this agreement I am waiving certain legal rights which I or my
heirs, next of kin, executors, administrators and representatives may
have against the Releasees. INITIALS (OF PARTICIPANT OR PARENT / LEGAL GUARDIAN) Part 3 Media Permission Clearence: The following paragraph accounts for the cameras in the space, and/or participants filming themselves for youtube/instagram. I hereby grant permission to The Monkey Vault and its representatives to photograph and video me, and
otherwise capture my image, and to make recordings of my voice at the event or location noted below.
I further grant to The Monkey Vault and its representatives the right to reproduce, use, exhibit, display, broadcast and distribute
and create derivative works of these images and recordings in any media now known or later developed as well as my name for
promoting, publicizing or explaining The Monkey Vault and its activities and for administrative, educational or research
purposes. I acknowledge that The Monkey Vault owns all rights to the images and recordings. I have read and acknowledge the participants image may be captured
while taking part in activities at The Monkey Vault. INITIALS (OF PARTICIPANT OR PARENT / LEGAL GUARDIAN) |
