I, the participant named below, have agreed to participate in the F45 workouts, exercise and training programs and any other services (fitness or otherwise) offered by F45 (“Workouts”). I acknowledge and agree that the Workouts:
· 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 a Workout, 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 the Workouts;
· I am not experiencing cold or flu-like symptoms including fever, cough, sore throat, respiratory illness, difficulty breathing or have experienced such symptoms in the ten (10) days prior to the workout and if I am, I will not attend the F45 studio and will notify the studio immediately.
· I have not received a positive COVID-19 test result or have been in contact with another individual who has tested positive in the 10 days preceding the Workout.
· I understand that the fitness instructor(s) or studio owner(s) is not able to provide me with medical advice regarding my fitness; and
· I am participating in the Workouts voluntarily and at my own risk.
I HEREBY RELEASE 2646951 ONTARIO INC., F45 TRAINING PTY LTD, F45 TRAINING PTY LTD (ACN 162 731 900), F45 TRAINING INC, F45 TRAINING PRIVATE ASIA LTD, FUNCTIONAL 45 TRAINING LTD, F45 TRAINING CANADA LTD AND THEIR RELATED BODY CORPORATES, AFFILIATES, SUCCESSORs, ASSIGNEES, FRANCHISEES, LICENSEES AND THEIR OFFICERS, AGENTS AND EMPLOYEES (THE “RELEASED PARTIES”) FROM ANY CLAIMS, DEMANDS, AND CAUSES OF ACTION AS A RESULT OF MY VOLUNTARY PARTICIPATION IN THE WORKOUTS, TO THE MAXIMUM EXTENT PERMITTED BY LAW. I FULLY UNDERSTAND THAT I MAY INJURE MYSELF OR SUFFER ILLNESS AS A RESULT OF MY PARTICIPATION IN THE WORKOUTS AND I HEREBY RELEASE THE RELEASED PARTIES FROM ANY LIABILITY NOW OR IN THE FUTURE FOR CONDITIONS THAT I MAY OBTAIN DIRECTLY OR INDIRECTLY FROM PARTICIPATING IN THE WORKOUTS, TO THE FULLEST EXTENT PERMITTED BY LAW. THESE CONDITIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, HEART ATTACKS, MUSCLE STRAINS, MUSCLE PULLS, MUSCLE TEARS, BROKEN BONES, SHIN SPLINTS, HEAT PROSTRATION, INJURIES TO KNEES, INJURIES TO BACK, INJURIES TO FOOT, OR AIRBORNE ILLNESSES, INCLUDING BUT NOT LIMITED TO COVID-19 OR ANY OTHER ILLNESS OR SORENESS THAT I MAY INCUR, INCLUDING DEATH. THE FOLLOWING IS APPLICABLE TO TRIALS ONLY: I acknowledge and understand that the trial I have purchased and registered for will be automatically converted to the FLEX (week to week) unlimited membership and I will be charged $72.00 + HST upon expiration of the trial period. I also acknowledge and understand that to explore other membership options or to cancel, I must email the studio with “TRIAL” anywhere in the subject line. I HEREBY AFFIRM THAT I HAVE READ AND FULLY UNDERSTAND THE ABOVE STATEMENTS.