TO: A Lil’Pole Fitness (the "Studio"), its parent companies, subsidiaries, affiliates, officers, directors, agents, employees, volunteers, independent contractors, coaches, instructors, successors, and assigns (collectively referred to as the "Releasees"). IN CONSIDERATION of being permitted to participate in and utilize the facilities, equipment, and services of the Studio, including, but not limited to, Aerial Fitness (Pole, Silks, Hoop, etc.), Bungee Fitness, Dance Classes, Flexibility/Stretching, Strength Training, and all other fitness, conditioning, and instructional classes, programs, and use of all Studio property (collectively referred to as the "Activities").
1. ACKNOWLEDGMENT OF RISKS The Participant understands and acknowledges that participation in the Activities involves inherent and significant risks, dangers, and hazards. These risks include, but are not limited to: a. Physical Injuries: Sprains, strains, fractures, concussions, dislocations, cuts, abrasions, burns, and serious head, neck, and back injuries. b. Equipment and Facilities: Risks arising from the use or misuse of equipment, including equipment failure, defect, or malfunction; risk of falling from heights (in Aerial and Bungee classes); and risks related to the condition of the premises. c. Exertion: Abnormal changes in blood pressure, fainting, overexertion, and the remote risk of heart attack, stroke, other serious disability, or death. d. Other Participants/Instruction: Injuries resulting from negligent instruction, supervision, spot-checking, or the actions/inactions of other members or participants. The Participant acknowledges that the risks, dangers, and hazards of the Activities are substantial and inherent to the nature of the activities, and that no amount of care, caution, or expertise can eliminate them.
2. ASSUMPTION OF RISK The Participant hereby agrees to EXPRESSLY ASSUME AND ACCEPT ANY AND ALL RISKS of injury, illness, damage, or death, regardless of severity, arising from their participation in the Activities, the use of the Studio's equipment, or being on the Studio's premises or where they are instructing.
3. WAIVER AND RELEASE OF LIABILITY The Participant hereby agrees to FOREVER RELEASE AND DISCHARGE the Releasees from any and all claims, demands, suits, damages, expenses, and causes of action ("Claims"), present or future, which arise in any way out of the Participant's use of A Lil'Pole Fitness premises, facilities, equipment, or participation in the Activities, INCLUDING WITHOUT LIMITATION, CLAIMS BASED ON THE RELEASEES' OWN: a. NEGLIGENCE; b. GROSS NEGLIGENCE; c. BREACH OF CONTRACT (including any express or implied warranties); or d. BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, including duties under the Occupiers' Liability Act, R.S.O. 1990, c. O.2. This release covers all Claims, including those asserted by the Participant or by their next-of-kin, personal representatives, heirs, assigns, spouse, or children.
4. INDEMNITY AGREEMENT The Participant further agrees to INDEMNIFY AND HOLD HARMLESS the Releasees from any and all costs, losses, damages, legal fees, or expenses, that the Releasees may incur as a result of any Claim or suit brought against the Releasees by anyone (including a family member or estate) resulting from the Participant's participation in the Activities, even if the Claim is based on the negligence or gross negligence of the Releasees.
5. HEALTH AND FITNESS TO PARTICIPATE The Participant warrants that they are in good physical health and have no medical, physical, or mental condition which would prevent them from safely participating in the Activities. The Participant acknowledges that they have either (a) obtained a physician’s consent prior to beginning exercising in this facility or (b) hereby agree that they are proceeding solely at their own risk without medical clearance.
6. JURISDICTION AND VALIDITY This Agreement shall be governed by the laws of the Province of Ontario. If any portion of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
I, THE UNDERSIGNED, ACKNOWLEDGE THAT I HAVE CAREFULLY READ AND FULLY UNDERSTAND THIS WAIVER, RELEASE, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT. I UNDERSTAND I AM GIVING UP IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR INJURIES OR DAMAGES CAUSED BY THE NEGLIGENCE OR GROSS NEGLIGENCE OF THE RELEASEES. I HAVE BEEN GIVEN THE OPPORTUNITY TO ASK QUESTIONS AND TO SEEK LEGAL ADVICE BEFORE SIGNING. I AM SIGNING THIS DOCUMENT FREELY AND VOLUNTARILY. THE STUDIO HAS TAKEN REASONABLE STEPS TO BRING THE WAIVER OF NEGLIGENCE AND GROSS NEGLIGENCE TO MY ATTENTION.