Terms & Conditions
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND ASSUMPTION OF RISKS
BY ACCEPTING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION. PLEASE READ CAREFULLY!
In consideration of CYCLONE STUDIO, INC., an Ontario corporation (the “Company”) permitting the individual named below (“I” or “me”) to participate from time to time in high-intensity cycling workouts on stationary spin bikes and/or bootcamp-style fitness classes, which may include, but are not limited to, strength training, high-intensity interval training (HIIT), cardio-based exercises, and other physical fitness activities conducted on or off equipment, all of which are led by the Company’s instructors and may take place at the Company’s premises or at any other location, including but not limited to parks, event spaces, rented studios, or community facilities (collectively, the “Activities”), and for other good and valuable consideration, I agree to all the terms and conditions set forth in this agreement (this “Agreement”).
ASSUMPTION OF RISKS
I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES INVOLVE MANY RISKS, DANGERS AND HAZARDS, INCLUDING BUT NOT LIMITED TO THE RISK OF SERIOUS INJURY, DEATH OR PROPERTY DAMAGE. THESE RISKS MAY ARISE FROM A VARIETY OF CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, THE NATURE OF THE ACTIVITIES, EQUIPMENT USED, THE PHYSICAL CONDITION OF PARTICIPANTS, OR THE ACTIONS OR INACTIONS OF OTHERS, INCLUDING THE COMPANY AND ITS REPRESENTATIVES.
I UNDERSTAND THAT IT IS MY SOLE RESPONSIBILITY TO CONSULT WITH A PHYSICIAN PRIOR TO PARTICIPATING IN THE ACTIVITIES TO ENSURE THAT I AM PHYSICALLY AND MEDICALLY FIT TO DO SO. I AGREE THAT I AM SOLELY RESPONSIBLE FOR MY HEALTH AND WELL-BEING DURING THE ACTIVITIES AND THAT THE COMPANY MAKES NO REPRESENTATIONS REGARDING MY FITNESS TO PARTICIPATE.
I AGREE TO IMMEDIATELY STOP PARTICIPATING IF I FEEL DIZZY, LIGHTHEADED, EXPERIENCE PAIN OR DISCOMFORT, OR OTHERWISE FEEL UNWELL.
I UNDERSTAND AND AGREE THAT THE ACTIVITIES MAY INVOLVE RISKS THAT ARE NOT FORESEEABLE AT THIS TIME, INCLUDING BUT NOT LIMITED TO EQUIPMENT MALFUNCTION, ENVIRONMENTAL HAZARDS AT OFF-SITE LOCATIONS, OR THE ACTIONS OF OTHER PARTICIPANTS. I ACCEPT ALL SUCH RISKS, WHETHER KNOWN OR UNKNOWN.
I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS AND HAZARDS INVOLVED IN THE ACTIVITIES AND THE POSSIBILITY OF INJURY, DEATH OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.
WAIVER AND RELEASE OF LIABILITY
I HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS WHICH I HAVE OR MAY IN THE FUTURE HAVE AGAINST THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SHAREHOLDERS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “RELEASEES”), ARISING OUT OF OR ATTRIBUTABLE TO MY PARTICIPATION IN THE ACTIVITIES, DUE TO ANY CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION THE NEGLIGENCE OF THE COMPANY OR ANY OTHER RELEASEE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE OWING UNDER OCCUPIERS’ LIABILITY LEGISLATION OR OTHERWISE.
I COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST THE COMPANY OR ANY OTHER RELEASEE, AND FOREVER RELEASE AND DISCHARGE THE COMPANY AND ALL OTHER RELEASEES FROM LIABILITY UNDER SUCH CLAIMS.
INDEMNIFICATION
I AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY AND THE RELEASEES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES, COSTS AND EXPENSES (INCLUDING LEGAL FEES) RESULTING FROM MY PARTICIPATION IN THE ACTIVITIES OR ANY BREACH OF THIS AGREEMENT.
GENERAL PROVISIONS
This Agreement constitutes the entire agreement between the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral.
If any term or provision of this Agreement is held to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
This Agreement is binding on and shall enure to the benefit of me and my heirs and next-of-kin, and the Company and its successors and assigns.
This Agreement shall be governed by and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of Ontario, and I hereby consent to the exclusive jurisdiction of such courts.
ACKNOWLEDGEMENT & ACCEPTANCE
BY CHECKING THE BOX, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE THE COMPANY AND THE RELEASEES.