TO: Strong Life Personal Training, Brittany Toth, Daniel Stevenson, and all their employees, agents, representatives, contractors, successors and assigns (the “Releasees”)
ASSUMPTION OF RISK: I am aware that the Participant’s participation in online personal training, pre-recorded fitness videos, equipment use in connection with the foregoing and all other activity undertaken with the Releasees (the “Activities”) may involve many inherent risks, dangers and hazards including but not limited to minor and major physical injuries, psychological injury, death, loss or damage to person or property and all other hazards caused by negligence on the part of the Releasees, including the impossibility of the Releasees to take reasonable steps to safeguard or protect the Participant from the risks, dangers and hazards of participating in the Activities as well as ancillary risks and losses which may arise from online activities. The Participant’s participation in the Activities is purely voluntary, and I freely accept and fully assume, on my own behalf and on behalf of the Participant (if applicable), all such risks, dangers and hazards and the possibility of personal injury, property damage or loss resulting therefrom. More specifically, I acknowledge and agree to, at all times on my behalf and on behalf of the Participant (if applicable):
- inspect my surroundings for possible risk and determine for myself that conditions are acceptable for the Participant to commence or continue the Participant’s attendance;
- the Participant’s viewing of the Releasees’ videos following the signing of this Waiver indicates acceptance of all potential hazards on the terms contained herein;
- The Participant has the complete right to stop any and all exercise at any time during a session and that it is incumbent upon the Participant to cease participation in online training videos if such participation may become a hazard; and
- I will honestly and forthrightly complete such lifestyle questionnaires as may be provided to me by a Releasee and will keep the Releasees apprised, on a timely basis, of any changes to the Participant’s health history, medications, or other physical limitations the Participant may have. Notwithstanding the foregoing, I acknowledge and agree that the Participant’s personal trainer and the Releasees are not medical experts and that I will not rely on them for medical advice.
RELEASE OF LIABILITY, WAIVE OF CLAIMS AND INDEMNITY: In consideration of the Releasees allowing the Participant to participate in the Activities, and for other good and valuable consideration, I hereby agree as follows:
- To waive any and all claims that I or the Participant have or may have in the future against the Releasees and to release the Releasees from any and all liability for any loss, damage, expense or injury, including death, that I or the Participant may suffer or that my next of kin may suffer, as a result of or relating to the Participant’s participation in the Activities, due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care, or losses attributable to computer viruses or programs in connection with the Activities, including the failure on the part of the Releasees to take reasonable steps to safeguard or protect me or the Participant from the risks, dangers and hazards of participating in the Activities; and,
- To hold harmless and indemnify the Releasees from any and all liability for any damage, loss, claim, action, suit or personal injury resulting, directly or indirectly, from the Participant’s participation in the Activities. I further agree that if, despite this Waiver, I, or anyone on my behalf or on the Participant’s behalf, make a claim against any of the Releasees, I will indemnify, save and hold harmless each of the Releasees from any litigation expenses, legal fees, loss, liability, damage or cost which may incur as the result of such claim.
THIS WAIVER shall be effective and binding upon mine and the Participant’s heirs, next of kin, executors, administrators, assigns and representatives. This Waiver and any rights, duties and obligations as between the parties to this Waiver shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and no other jurisdiction, and any litigation involving the parties to this Waiver shall be brought solely within the Province of Ontario and shall be within the exclusive jurisdiction of the Courts of Ontario.
I CONFIRM THAT I have read and understood this Waiver prior to signing it, that I am signing this Waiver freely and of my own volition, and I am aware that by signing this Waiver I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators, assigns and representatives, may have against the Releasees, and that I am signing this Waiver without any undue influence from the Releasees, realizing that it is a legally binding document. This Waiver shall continue indefinitely.Close Waiver