Waiver 

PLEASE READ CAREFULLY.

By signing this Agreement, I am waiving certain legal rights, including the right to sue or claim compensation from (insert legal business name) its employees and/or contractors.

I, the undersigned:

ASSUMPTION OF RISK AND INFORMED CONSENT

  1. Hereby expressly and affirmatively state that I wish to participate in fitness assessment activities and programs and in the use of exercise equipment at various sites, including home, club, or worksite that may be provided or recommended by (insert legal business name), its employees and/or contractors. I acknowledge and agree that this Agreement covers every activity I may participate in at any (insert legal business name) location and any facilities, equipment, and services I may use inside or outside at any (insert legal business name) location. I realize that my participation in these activities or the use of equipment involves various risks of injury including, but not limited to loss of consciousness, abnormal blood pressure, disorder of heartbeat, and in rare instances stroke, heart attack, or death. I also recognize that there are many other risks of injury, including disabling severe injuries that may arise due to my participation in these activities or in the use of the equipment, and NEGLIGENCE ON THE PART OF (insert legal business name), INCLUDING FAILURE TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN PHYSICAL ACTIVITIES AND EXERCISE AND FROM USING AD IRON FITNESS FACILITIES, EQUIPMENT AND SERVICES. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, INCLUDING REMOTE ONES, DANGERS AND HAZARDS, AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND LOSS RESULTING THEREFROM.
  2. Understand and acknowledge that under some circumstances I may choose to engage in activity in a non-supervised setting where there is no one to respond to any emergency that may arise because of my participation or use of equipment on an individual basis, in an unsupervised setting. Despite the fact that I have been duly cautioned as to such supervised and unattended activity or equipment use, knowing the material risk and appreciating, knowing, and reasonably anticipating that other injuries and even death are a possibility in the use of equipment in supervised/attended and unattended settings (within which setting I acknowledge that the risk of death may be greater than the other setting), HEREBY EXPRESSLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND ANY LOSS RESULTING THEREFROM.

REVIEW AND QUESTIONS

  1. Have had an opportunity to ask questions regarding my participation in various activities and the use of exercise equipment. I subjectively understand the risk of my participation in multiple activities or in the use of equipment. Knowing and appreciating these risks. I voluntarily choose to participate. Assuming all risk of injury and death due to my participation.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

  1. Agree to waive any claims that I have or may have in the future against (insert business name) and its directors, officers, agents, employees, contractors, guests, members, insurers and representatives (collectively, the “Releasees”) and to release the Releasees from any claims and liability for any injury, loss, damage, cost, or relief of any kind due to any cause whatsoever, including claims in any way connected with (insert legal business name) facilities, services or equipment; negligence; gross negligence; vicarious liability for any other person’s act or omission; or breach of any statutory or other duty of care by or on the part of the Releasees, including under the Occupiers Liability Act, RSBC 1996, c 337.
  2. Agree not to make any claim against any other person or entity that may result in a claim against the Releasees, and I shall hold harmless and indemnify the Releasees from any such claims, whether for damage to the property of or personal injury to any third party.
  3. Agree to hold harmless and indemnify the Releasees from any claims made against them, including claims for damage to property or personal injury, by any person: a) who is not a client of (insert legal business name) and that I invite or accompany to use any (insert legal business name) equipment, facilities or services, or to participate in (insert legal business name) activities of any kind; or b) arising out of or connected to my conduct, including any negligence by me.
  4. Agree that this Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns, and representatives.
  5. Have read and understand this Agreement in its entirety, have considered all bolded and or capitalized text, and have had an opportunity to seek independent legal advice whether or not I have chosen to do so. In signing this Agreement, I am not using any oral or written representations or statements made by the Releasees other than as set forth in this Agreement. I am aware that by signing this Agreement, I am waiving legal rights that my heirs, next of kin, executors, administrators, and assigns or I may have against the Releases.