TO: METAMOREPHIIT FITNESS SOCIETY and its directors, officers, partners, agents, representatives, employees, volunteers, independent contractors, subcontractors, tenants, sponsors, successors and assigns (collectively the “RELEASEES”)
DEFINITIONS In this Agreement the term "programs" shall include all activities, programs, events, competitions, classes, therapy, and services provided, sponsored or organized by the Releasees including but not limited to: personal training, injury assessment, rehabilitation and prevention; physiotherapy, chiropractic therapy, diagnostic imaging, examination, testing, procedures, or advice of a medical nature; fitness and health assessment and training including but not limited to aerobic, anaerobic, agility, speed, weight, and sport specific training; yoga, pilates, body composition and movement analysis; use of aquatic facilities, includ- ing swimming pool with underwater treadmill, hot and cold tubs, steam room, and sauna; use of strength training and fitness equipment, machines and facilities, including but not limited to gymnasium, outdoor fields and terrain; laboratory and rehabilitation centres, nutritional and dietary programs, participation in athletic competition or practice, orientation or instructional sessions or lessons; use of lodging, office, and restaurant amenities, and any all other related activities.
ASSUMPTION OF RISKS I am aware that my participation in the programs involves many risks, dangers and hazards, which could result in damage, loss, physical injury or death to me. Some of these risks, dangers and hazards include, but are not limited to:
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Health: overexertion, dehydration, fatigue, lack of fitness or conditioning, or traumatic injury.
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Premises: defective, dangerous or unsafe condition of the indoor and outdoor facilities; falls; colli- sions with objects, equipment or persons; dangerous or unsafe weather conditions for outdoor facilities, lack of supervision or available first aid, and drowning risks associated with aquatic facilities.
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Use of Equipment: mechanical failure of the equipment; negligent design or manufacture of the equipment; the provision of or the failure by the Releasees to provide any warnings, directions, instructions or guidance as to the use of the equipment; failure to use or operate the equipment within my own ability.
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Advice: negligent advice regarding the programs including medical advice or advice of a medical nature.
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My conduct and conduct of other persons: I acknowledge that such conduct, including my negli- gence and negligence of other persons, including NEGLIGENCE ON THE
PART OF THE RELEASEES, may increase the risk of damage, loss, personal injury or death. I understand that the Releasees may fail to safeguard or protect me from the risks dangers and hazards of the programs, some of which are referred to above.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENTIn consideration of the Releasees allowing me to participate in the programs, use its equipment and facili- ties and providing its services and consultation, I hereby agree as follows:
1. 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 as a result of my participation in fitness programs
DUE TO ANY CAUSE WHATSOEVER, including but not limited to:
- Negligence on the part of the Releasees;
- Breach of contract by the Releasees;
- Breach of warranty on the part of the Releasees in respect of the design, manufacture, selection, Installation, maintenance or adjustment of equipment;
- Breach of any statutory or other duty of care including any duty of care owed under the Occupiers Liability Act, R.S.B.C. 1996, c. 303, on the part of the Releasees; and
- The failure on the part of the Releasees to safeguard or protect me from the risks, dangers and hazards of the programs, some of which are referred to in the Assumption of Risks section of this document
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any dam- age, loss, expense or injury to any third party resulting from my participation in the programs.
3. Despite the risks, dangers and hazards of the programs, and fully understanding such risks, dangers and hazards, I wish to participate in the programs with the Releasees, and
I FREELY ACCEPT AND FULLY ASSUME all such risks, dangers and hazards and the possibility of personal injury, death, property damage and loss resulting therefrom.
4. This Agreement shall be effective and binding upon my heirs, next-of-kin, executors, administrators, assigns and representatives, in the event of my death or incapacity.
SAFETY I will conduct myself in a safe and proper manner at all times. I am aware that there are instructors and staff available to answer any questions I may have regarding how to properly participate in the programs. In entering into this Agreement I am not relying on any oral, visual or written representa¬tions or state- ments made by the Releasees with respect to the safety of the programs other than what is set forth in this Agreement.
INSURANCE I am aware that the Releasees do not provide me with any disability, accident, liability or medical insurance or compensation, should I become injured or cause personal injury, death or property damage to any third party while participating in fitness programs.
JURISDICTION 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 British Columbia, and I agree to attorn solely to the jurisdiction of the Courts of the Province of British Columbia. Any litigation involving the parties to this Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.