I, the participant named below, have agreed to participate in the F45 workouts, exercise and training programs (the “ Workouts”) and the F45 Activities (as hereinafter defined).
I acknowledge and agree that the F45 Activities:
· are a recreational sport activity; and
· may involve strenuous physical activity including, but not limited to, muscle strength and endurance training, cardiovascular conditioning and training, and other various fitness activities.
I hereby affirm, and I affirm each time I participate in an F45 Activity, that:
· I am in good physical condition and do not suffer from any known disability or condition which would prevent or limit my participation in this exercise program; and
· I am participating in the Workouts voluntarily and at my own risk.
I am aware that my participation in the F45 Activities may involve certain risks, dangers and hazards including:
· Physical ailments such as heart attacks, muscle strains, muscle pulls, muscle tears, broken bones, shin splints, heat prostration, injuries to knees, injuries to back, injuries to foot, disabilities of any kind, or any other illness or soreness that I may incur, including death;
· Damage to my personal property of the personal property of others.
I hereby release, indemnify and hold harmless F45 Training Canada Limited, 2582041 Ontario Inc. o/a F45 Training Joshua Creek and their officers, agents, directors, affiliates, employees, licencees, independent contractors, volunteers and any other affiliated personnel of any kind (the “ Released Parties”) from any claims, demands, and causes of action arising now or in the future for any losses, injuries, illness or death, or property damage which occur as a result of my voluntary participation in the Workouts, my utilization of the F45 studio, or my participation in any activity of any kind operated by F45 at any of its locations or elsewhere (collectively, the “ F45 Activities”) no matter how such damage, illness, injury or death is caused, and no matter whether caused by negligence of the Released Parties or otherwise.
In no event shall the Released Parties be liable for special, incidental, indirect or consequential damages, however caused and such limitations apply for any claims, including without limitation, contract, tort, including negligence, and strict liability even if the Released Parties have been advised of the possibility of such damages. I agree to release, indemnify, and hold the Released Parties from payment of all damages, expenses, cost or legal fees, whether such claims or liabilities be based upon negligence on the part of the Released Parties. This agreement shall be binding on me, my spouse, children, executors, trustees, administrators, successors, heirs, assigns, and representatives, or anyone else who might claim or sue on my behalf.
I further acknowledge they I am responsible for my health and gauging my activity level accordingly. I acknowledge that I should immediately stop any exercise or sports activity if I feel faint, dizzy, nauseous, short of breath, or experience pain. I understand that any concerns about starting or continuing a fitness program should be discussed with my physician.
I HEREBY AFFIRM THAT I HAVE READ AND FULLY UNDERSTAND THE ABOVE STATEMENTS. I understand that I am giving up substantial rights including the right to sue. I certify that I am signing this agreement fully and voluntarily and that my signature forms a complete and unconditional release of all liability of the Released Parties from the inherent risks of F45 participation to the greatest extent allowed by the laws of Ontario.
BY SIGNING OR PROVIDING YOUR ACNKOWLEDGMENT OF THIS AGREEMENT YOU CONFIRM THAT YOU ARE ABOVE SIXTEEN (16) YEARS OF AGE. IF YOU ARE BELOW EIGHTEEN YEARS OF AGE, YOUR PARENT OR LEGAL GUARDIAN MUST SIGN OR ACKNOWLEDGE A PARENTAL OR LEGAL GUARDIAN CONSENT.