In consideration of participating in AYS: Online Community for Thriving Adults' ("AYS") virtual programming and activities, and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from negligence AYS and its owners, directors, officers, employees, agents, volunteers, instructors, and all other persons or entities acting on their behalf (collectively, the "Releasees"), on behalf of myself and my children, parents, heirs, assigns, personal representative and estate, and also agree as follows: I acknowledge that participation in virtual fitness, wellness, and social programming involves known and unanticipated risks, which could result in physical or emotional injury, permanent disability, death, or property damage. Risks include, but are not limited to, musculoskeletal injuries, falls, overuse injuries, and medical conditions arising from or worsened by physical activity. I understand that AYS delivers programming remotely, and that instructors and staff are not present in my physical location and cannot monitor my surroundings, supervise my movements directly, or respond in person if I am injured or become unwell during a session. I understand these risks cannot be eliminated without changing the nature of the activity itself. I understand that AYS's programs are offered on an open, drop-in basis without required pre-registration for individual sessions, and that AYS cannot guarantee it can identify me by name during a live session or verify my presence or wellbeing in real time. I accept that responsibility for seeking help in the event of an emergency during a session rests with me, my household, or those physically present with me. I expressly accept and assume all risks inherent in this activity, including those that might arise from the negligence of the Releasees. My participation is purely voluntary, and I elect to participate despite these risks. If at any time I believe I am unable to safely continue due to a physical or medical condition, or believe conditions are unsafe, I will immediately stop participating and, if necessary, seek appropriate assistance. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless the Releasees from any and all claims, demands, or causes of action connected with my participation in this activity, arising from negligence. This release does not apply to claims arising from intentional conduct. Should the Releasees or anyone acting on their behalf be required to incur legal fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for those fees and costs. I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating, or else I agree to bear those costs myself. I further represent that I have no medical or physical condition that could interfere with my safety in this activity, or else I am willing to assume, and bear the costs of, all risks created directly or indirectly by any such condition. If I bring a legal claim, I agree to do so solely in the province of Ontario, and I agree that Ontario law shall apply. I agree that if any portion of this agreement is found void or unenforceable, the remaining portions remain in full force and effect. I have read this agreement, I understand its content and meaning, and I agree to it of my own free will. |