TRAINING AND ON-ICE SERVICES AGREEMENT (Trainer and Client are the “Parties”, and each is a “Party”, under this Agreement). Client has engaged Trainer to provide fitness training services to Client (the “Services”), and Trainer has agreed to provide Services to Client, on the following terms: 1. Trainer carries on the business of a fitness trainer as a corporation in the name and style of “DASH Training” (the “Business”). 2. The Business is principally carried on at Unit A+B, 250021 Mountain View Trail, Rocky View County, Alberta and at such other on-ice and off-ice locations as Trainer deems appropriate for the provision of the Services (the “Locations”). 3. Client has engaged Trainer to provide the Services at the Location and, in connection therewith, Client (for and on behalf of himself/herself and his/her heirs, executors, personal representatives, administrators, successors and assigns) agrees that: (a) Trainer will provide the Services to Client to the best of Trainer’s ability having regard to Trainer’s education, experience and expertise; (b) Client will pay Trainer for the Services at the rates agreed to by Client and Trainer, which rates may be adjusted by the Parties from time to time. Payment terms will be in accordance with Trainer’s invoice to Client; (c) Client’s participation in the Services is completely voluntary; (d) the Services may pose certain risks to Client’s physical health however Client assumes the full risk and responsibility for any injury, illness or other medical condition that Client may sustain or suffer in the course of, or as a result of, participating in the Services;4. 5. (e) (f) (g) (h) (f) Client has disclosed and will, on an ongoing basis (for so long as Client is participating in the Services), disclose to Trainer information or concerns about his/her health status including information concerning any injuries, illnesses or other medical conditions which might affect Client’s ability to participate in the Services and Trainer agrees to keep all such information strictly confidential; Client agrees that he/she is using all fitness training facilities at the Locations, and is accessing the Locations, at his/her own risk; Trainer makes no promises or guarantees concerning the results that can be expected by Client from participating in the Services and Trainer will not be held responsible if the results that Client realizes from participating in the Services are not as anticipated; Client hereby waives, releases, discharges, indemnifies and agrees to hold harmless Trainer and its officers, directors, employees, contractors, representatives, successors and assigns from and against any and all losses, liabilities, damages, costs, demands, penalties, actions or claims (known or unknown) which Client has or may have for or in respect of any personal injury, death, or disability of any person, including Client, or the loss of or damage to any personal property, including that of Client, however caused, as a result of Client participating in the Services at the Locations; and there are no other promises, representations, understandings or agreements between the Parties with respect to the Services other than as are set out in this Agreement and any changes to this Agreement must be made in writing and signed by each Party. Client confirms to Trainer that he/she: (a) has read and fully understands the terms of this Agreement, (b) understands that he/she is giving up substantial rights by signing this Agreement, and (c) is signing this Agreement voluntarily and without any inducement or coercion whatsoever. This Agreement will be governed by the laws of Alberta. |