READY FOR SOME LIFE CHANGING TEAM TRAINING?

In consideration of the OPERATOR accepting my, or the child on whose behalf I am entering this agreement’s (the “Child”), application for participation in the Activity, and permitting my or the Child’s use of the Equipment, in the area in which the Activity will take place, whether that be at the OPERATOR’s facilities, my own home, an outdoor location or otherwise, as the case may be (hereinafter referred to as the “Facilities”), I hereby agree as follows:

TO WAIVE ANY AND ALL CLAIMS that I or the Child have or may have in the future, against the OPERATOR AND TO RELEASE THE OPERATOR from any and all liability for any loss, damage, expense or injury including death that I or the Child or my or the Child’s next of kin may suffer, resulting from either my use of or my or the Child’s participation in the Activity, presence on or at the Facilities, or travel outside the Facilities, DUE TO ANY CAUSE WHATSOEVER INCLUDING BUT NOT LIMITED TO NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE OWED UNDER ANY APPLICABLE OCCUPIERS’ LIABILITY LEGISLATION ON THE PART OF THE OPERATOR. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE OPERATOR TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME OR THE CHILD FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE;

TO HOLD HARMLESS AND INDEMNIFY THE OPERATOR from any and all liability for any damage to property of, or personal injury to, any person or entity resulting from my or the Child’s participation in the Activity, or presence on the Facilities, or travel outside the Facilities;

I hereby irrevocably grant to the OPERATOR perpetually, exclusively, for all media throughout the world, on a royalty-free basis, the right to reproduce, use, exhibit, display broadcast, and create derivative works of photographs, images, audio recordings and video recordings taken of me or the Child as a result of my or the Child’s participation in the Activity (the “Images”). I agree that the OPERATOR shall have complete ownership of the Images and any intellectual property rights attaching thereto (the “IP Rights”) and I waive all moral rights in connection therewith. To the extent that I or the Child has any right, title or interest in or to the Images, I and the Child hereby unconditionally, irrevocably and perpetually assign and transfer all right, title and interest in and to the Images and the IP Rights to the OPERATOR.

To follow and obey the rules and regulations provided by OPERATOR at all times during my participation in the Activity. The terms of this release of this Agreement relating to waiver and indemnity shall survive termination of this Agreement. This Agreement shall be binding upon my and the Child’s heirs, next of kin, executors, administrators, assigns and representatives in the event of my death or incapacity. Any litigation involving the parties to this Agreement shall be brought solely within the Province of Ontario and shall be within the exclusive jurisdiction of the Courts of the Province of Ontario and governed by the laws thereof; and in entering into this Agreement, I AM NOT RELYING UPON ANY ORAL OR WRITTEN REPRESENTATIONS OR STATEMENTS MADE BY OPERATOR with respect to the safety of the Activity other than what is set forth in this Agreement. Should any provision in this Agreement be deemed invalid or unenforceable by a court of competent jurisdiction, such provision will only be ineffective to the extent of that restriction and all remaining provisions or parts thereof shall remain in full force and effect.

ASSUMPTION OF RISKS

I am aware that participation in the F45 workouts, exercise and training programs provided by the Operator (the “Activity”) and use of equipment in connection with the Activity (the “Equipment”) involves many risks, dangers and hazards including, but not limited to: contraction of infectious diseases including but not limited to COVID-19; mechanical failure of Equipment; difficulty or inability of you or other participants to control Equipment; participants of varying skill level; collision with or impact with Equipment, other persons or other natural or man-made objects; postural stress; lack of adequate protective equipment and inadequate safety measures; slipping and/or falling on and/or off of Equipment; sunburn; heat stroke, or dehydration; physical condition, fitness, or abilities including but not limited to heart attacks, muscle strains or tears, and broken bones; negligence of you or other participants; other undefined harm which or damage which is not readily foreseeable and other presently unknown risks or dangers; and NEGLIGENCE ON THE PART OF THE OPERATOR. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE OPERATOR TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITY.

I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITY, 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. FURTHERMORE, I REPRESENT TO THE OPERATOR THAT I (OR THE CHILD, AS HEREINAFTER DEFINED) AM IN GOOD PHYSICAL CONDITION AND DO NOT SUFFER FROM ANY KNOWN DISABILITY OR CONDITION WHICH WOULD PREVENT OR LIMIT MY PARTICIPATION IN THE ACTIVITY.

I CONFIRM THAT I HAVE READ THIS AGREEMENT AND UNDERSTAND, AND AM AWARE THAT BY ENTERING INTO THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I, THE CHILD OR MY OR THE CHILD’S HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE OPERATOR. I REPRESENT THAT I AM AT LEAST 18 YEARS OF AGE OR, IF ENTERING INTO THIS AGREEMENT ON BEHALF OF A MINOR CHILD, THAT I AM THE PARENT OR LEGAL GUARDIAN OF SUCH CHILD. I FURTHER REPRESENT THAT THERE IS NO MEDICAL OR PHYSICAL REASON WHY PARTICIPATION BY MYSELF OR THE CHILD COULD BE POTENTIALLY HARMFUL IN ANY WAY.