PLEASE READ CAREFULLY! All sections must be filled out entirely in order to participate. PART 1: ASSUMPTION OF RISKS: I (the “participant”), understand that by participating in the classes, programs, workshops, or open-gym sessions (the “activities”) offered by Zero Gravity, I will receive information and instruction about physical fitness programming, and I recognize that acting on this information or instruction will require the use of the equipment and facilities of Zero Gravity. I understand that these activities may involve strenuous physical activity including, but not limited to, cardiovascular conditioning, interval training, endurance training, acrobatics, and other various fitness activities. 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 Zero Gravity and from participation in the activities, including but not limited to: fainting, heat prostration, abnormal blood pressure, musculoskeletal injuries (such as neck and back strains, muscle strains, muscle pulls, muscle tears, tendon and ligament damage, damage to joints or bone fractures), paralysis, death, or damage to myself, property, or to third parties, resulting from: - 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;
- Falling participants or equipment, such as shoes, or weights;
- Participation in the physical activity of the sport itself;
- Negligence on my part; and/ or negligence on the part of other participants; and/ or negligence on the part of Zero Gravity 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 Zero Gravity has rules and policies in place regarding safety, the activities, and the use of Zero Gravity’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 result in complete revocation of all privileges provided by Zero Gravity 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 activities offered by Zero Gravity. 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 at Zero Gravity. I further understand that Zero Gravity 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 OF PARTICIPANT) ART 2: RELEASE OF LIABILITY, WAIVER OF CLAIMS & INDEMNIFICATION: In consideration for Zero Gravity allowing me to participate in the activities and permitting my use of Zero Gravity equipment and facilities, and for good and valuable consideration, the receipt and sufficiency of which is acknowledged, I agree as follows: - 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;
- 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;
- 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;
- This agreement limits the liability of the employees, agents, instructors or independent contractors of Zero Gravity (the "Agents") to the same extent as it limits the liability of Zero Gravity, even though the Agents are not formally parties to the Agreement;
- 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;
- This agreement supersedes any prior agreement or understanding between the parties.
- 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
- 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 OF PARTICIPANT) PART 3: MEDIA PERMISSION CLEARANCE: I hereby grant permission to Zero Gravity and its representatives to photograph and video me, and otherwise capture my image, and to make recordings of my voice. I further grant to Zero Gravity 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 Zero Gravity and its activities and for administrative, educational or research purposes. I have read and acknowledge that Zero Gravity owns all rights to the images and recordings as described above. I have read and acknowledge the participant’s image may be captured while taking part in activities at Zero Gravity. INITIALS OF PARTICIPANT (OR PARENT / LEGAL GUARDIAN OF PARTICIPANT) Date: May 9, 2024 |
