PLEASE READ CAREFULLY, THIS IS A LEGAL DOCUMENT
WE WILL REQUIRE PROOF OF IDENTITY BEFORE PERMITTING ACCESS TO OUR FACILITY FOR THE FIRST TIME. PLEASE BE PREPARED TO PROVIDE GOVERNMENT ISSUED PHOTO ID IF YOU ARE 18 YEARS OR OLDER, OR SIGNING FOR A MINOR.
WARNING: BY SIGNING THIS AGREEMENT, YOU WILL GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE TO RECOVER COMPENSATION FOR ANY ACCIDENT, INJURY, ILLNESS, LOSS OR DEATH TO YOURSELF AND/ OR THE MINOR, OR ANY DAMAGE/ LOSS TO YOUR/ THE MINOR'S PROPERTY ARISING OUT OF YOUR/ THE MINOR'S PRESENCE AT, INVOLVEMENT WITH AND/ OR USE OF ANY OF THE FACILITIES AT WYMBIN YOGA (1947165 ALBERTA LTD.) AND/OR INVOLVEMENT IN ANY WYMBIN ACTIVITES PARTICIPATED IN THROUGH WYMBIN OUTSIDE OF THE STUDIO.
I acknowledge and agree that in consideration of the yoga, educational, physical, and all other activities organized by and/or located at
Wymbin Yoga (1947165 Alberta Ltd.) (hereby "Wymbin") which yoga activities educational, physical and all other activities may include any attendance, activities, events, services organized, sponsored, authorized by Wymbin, use of the facilities at Wymbin, outdoor activities or programs, yoga, volunteering, supervision of minors, instructional sessions, educational sessions, transportation to all outdoor locations and any other activities, events and involvement with Wymbin Activities (hereafter collectively the "Wymbin Activities"), I hereby
a) release, waive, and discharge Wymbin, their affiliates, members, officers, directors, shareholders, employees, coaches, instructors, educators, volunteers, agents, contractors, the landlord/ owner of the building, the designers and engineers, manufacturers of equipment, and any of their respective members, officers, directors, employees, agents, contractors or representatives, or any one or more of them (collectively, the "Released Parties") from any and all liability, actions, causes of action, suits, debts, statutory obligations, sums of money, claims and demands of every nature and kind, whatsoever, at law or in equity, which I and/ or the Minor ever had, now have, or which I and/ or the Minor may at any future time have against the Released Parties, or any one or some of them, arising out of or in any way connected with Wymbin Activities, including any claims that involve or allege negligent acts or omissions of the Released Parties, claims that concern the COVID-19 virus or similar viruses, or claims arising from any statute, including, without limitation, the Occupiers' Liability Act, R.S.A 2000, c. (0-4) (collectively "The Claims)
b) indemnify and/ or totally compensate the Released Parties from and against all Claims arising as a result of my or the Minor's presence at or participation in any activity at or on the premises of Wymbin or outdoors, including, without limitation I agree to pay for all legal fees that are incurred as a result of any Claims made by me or on my behalf, or on the Minor's behalf, or that are otherwise related to any Claims
c) I understand that by signing this Agreement, I am giving up the right to sue or make any Claim against the Released Parties on my behalf or on the behalf of the Minor, and that this Agreement shall be binding on the heirs, executors, administrators, assigns, and personal representatives of myself or the Minor.
d) If any portion of this Agreement is held invalid, I agree that the remainder of the Agreement shall remain in full legal force and effect.
e) I understand that this Agreement applies whether the Released Parties are at fault or not and it limits the liability of all the Released Parties, notwithstanding that not all of the Released Parties are named or formal parties to this Agreement. I understand that each of Wymbin, in securing execution of this Agreement by myself or by myself on the behalf of the Minor, is acting as agent or trustee on behalf of or for the benefit of the Released Parties, who shall to this extent be or be deemed to be parties to this Agreement.
I acknowledge that I am aware and agree that Wymbin Activities are physical in nature and may be hazardous and freely accept and assume any and all of the risks and dangers entirely on my own or the Minor's own account. I understand that the risks associated with Wymbin Activities include, but are not limited to:
a) All manner of injury, including but not limited to bruises, scrapes, cuts, sprains, strains, dislocations, broken bones, and head, facial, or dental injuries;
b) Injuries or death resulting from the actions or omissions of others;
c) In the outdoor Wymbin Activities additional risks or dangers from heat, cold, lightning, animals, insect bites, outdoor objects (such as playgrounds or play equipment) and hazards related to terrain and plant life;
d) Failure to follow the instructions of the staff of Wymbin or failure to ask for information or assistance;
e) Harm due to COVID-19 virus and related transmittable diseases (also described below);
f) Any and all risks and damages of attendance at and/ or use of any facilities
COVID-19 VIRUS OR SIMILAR TRANSMITTABLE ILLNESSES
I UNDERSTAND THE WYMBIN ACTIVITIES COULD RESULT IN DANGEROUS INFECTION WITH THE COVID-19 VIRUS OR ANY OTHER TRANSMITTABLE ILLNESSES, WHETHER CAUSED BY NEGLIGENCE OF THE WYMBIN FACILITIES OR OTHERWISE, WHICH CAN RESULT IN RESPIRATORY PROBLEMS, ORGAN FAILURE, PERMANENT PHYSICAL OR MENTAL DISABILITY, OR DEATH.
I agree that I and/ or the Minor will not participate in any of the Wymbin Activities, if: (1) to the best of my knowledge and awareness, I and/ or the Minor am experiencing, or have experienced in the prior 14 days, flu-like symptoms or symptoms of any transmissible viral or bacterial infection or disease; or (2) to the best of my knowledge and awareness, I and/ or the Minor have been in contact in the prior 14 days with any person diagnosed with the COVID-19 virus. I and/ or the Minor will not attend any Wymbin Activities if I or the Minor have been advised by any medical authority, any government agency, or my or the Minor's doctor to self-isolate due to possible exposure to COVID-19. I acknowledge other persons may be carrying the COVID-19 virus or other transmittable illnesses or recovered from it, and I acknowledge that I and/ or the Minor have voluntarily chosen to assume any and all risks that the Wymbin Activities may expose me or the the Minor to such infections.
I acknowledge and agree that the above list is not inclusive of all possible risks associated with Wymbin and Wymbin Activities and participating in yoga and in no way limits the extent or reach of this assumption of risk, release of liability, and indemnification. I understand that no amount of care, caution, instruction, or expertise can eliminate the inherent dangers associated with these activities.
If executing this Agreement on behalf of the Minor, I acknowledge and agree that the Minor's presence at and use of Wymbin facilities has inherent dangers, including but not limited to the risks listed above, and that I have read to the Minor the above risks and initaled this section on behalf of the Minor.
I agree that the Released Parties are not responsible in the event of loss, damage, unauthorized use, theft, or injury resulting from and to any personal property that I and/ or the Minor bring onto the premises of Wymbin.
I understand that alcohol, marijuana and other drugs, both prescribed or non-prescribed have the capacity to impair my judgement and impair my physical and mental abilities. I acknowledge that Wymbin does not permit attendance at or use of the facility and studios in Wymbin after consuming alcohol or marijuana use.
I agree that I will read and ensure that I understand the rules of Wymbin, or that I will read to the Minor and ensure that the Minor understands the rules of Wymbin, and that I and/ or the Minor will abide by those rules, as well as others posted throughout Wymbin.
I have read and understood this Agreement and am executing this Agreement freely and voluntarily on my own behalf or that of the Minor, without any compulsion on the part of the Released Parties. I understand that this Agreement contains a promise not to sue the Released Parties and provides for a release and indemnity for all Claims. This agreement supercedes and replaces and prior release(s) of claims/ waiver of liabilities.
Intending to be legally bound, I have signed this Agreement on August 8, 2020.