RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter “The Release Agreement”)
BY SIGNING THIS YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE
PLEASE READ CAREFULLY
THE ACTIVITIES REFERRED TO IN THIS RELEASE AGREEMENT INVOLVE RISKS, DANGERS AND HAZARDS INCLUDING THE RISK OF DAMAGE, LOSS, PERSONAL INJURY AND DEATH. THESE RISKS, DANGERS AND HAZARDS ARE MORE FULLY DESCRIBED ON THE FOLLOWING PAGES. ALL PARTICIPANTS IN THESE ACTIVITIES ARE REQUIRED TO SIGN THIS RELEASE AGREEMENT WHICH IS INTENDED TO PREVENT PARTICIPANTS FROM SUING IN THE EVENT OF AN ACCIDENT. PLEASE TAKE THE TIME TO REVIEW THIS DOCUMENT CAREFULLY.
TO: TOURNAMENT CAPITAL STRENGTH AND CONDITIONING INC (the “OPERATOR”) and THE MANUFACTURERS AND DISTRIBUTORS OF THE EQUIPMENT USED IN FITNESS PROGRAMS, and their respective directors, officers, agents, representatives, employees, volunteers, independent contractors, subcontractors, sponsors, successors and assigns (collectively the “RELEASEES”)
In this Agreement the term "fitness programs " shall include all activities, programs, events, classes, and services provided, sponsored or organized by the Operator including but not limited to: yoga; pilates; aerobics; aquafit; dance; ballet; weight training; personal training; tennis; squash; racquetball; use of aquatic facilities including swimming pool, whirlpool, jacuzzi and sauna; use of strength training and fitness conditioning equipment, machines and facilities; nutritional and dietary programs; orientation or instructional sessions or lessons; and all other such related activities.
ASSUMPTION OF RISKS
I am aware that my participation in fitness programs involves many risks, dangers and hazards, which could result in damage, loss or physical injury to me. Some of these risks, dangers and hazards include, but are not limited to:
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees allowing me to participate in fitness programs and permitting my use of their equipment, facilities and services, I hereby agree as follows:
I am familiar with the proper use of the equipment. I am aware that there are fitness instructors and staff available to answer any questions I may have as to the proper use of the equipment.
In entering into this Agreement I am not relying on any oral, visual or written representations or statements made by the Releasees with respect to the safety of fitness programs other than what is set forth in this Agreement.
INSURANCE: I am aware that the Releasees do not provide me with any disability, accident, liability or medical insurance or compensation, should I become injured or cause personal injury or property damage to any third party while participating in fitness programs.
JURISDICTION: This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia, and I agree to attorn solely to the jurisdiction of the Courts of the Province of British Columbia. Any litigation involving the parties to this Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.
Tournament Capital Strength & Conditioning (TCSC) respects your family’s privacy and wishes to be certain that our representatives do not photograph, or record video footage or audio recordings of members of the public without their consent. This agreement is provided in good faith for the purpose of clarifying and protecting the rights of the members of the public attending or taking part in membership or events at TCSC.
I, the undersigned, grant TCSC, its representatives, employees, contractors, volunteers, agents, licensees, and elected officials the right to take photographs, record video footage and create audio recordings (collectively the “Media”) of my child in conjunction with or during their attendance/membership at TCSC.
I agree that the TCSC may use the Media which depicts my child, with or without their name, for any lawful purpose including, but not limited to, educational initiatives, and the promotion or advertising of TCSC events and programs. TCSC may use and publish the Media in print, online, electronically and otherwise for internal or external purposes as well as public display. The Media may be combined with images, text and graphics, and altered or modified.
I understand that neither I, nor my child, have any rights to the Media, and that all intellectual property rights in the Media belong to the TCSC.
I shall indemnify, release and hold harmless the TCSC and the TCSC’s licensees from all liability, claims, demands, loss, damage or costs based upon or resulting from the inclusion of any visual or auditory depiction of my child or their written or spoken name in the Media including against any claims raised by my child.
I agree that this release is binding upon my heirs and assigns, that this release is irrevocable, worldwide and perpetual, and will be governed by the laws of the province of British Columbia.
I represent and warrant that I am at least 19 years of age and/ or have the full legal capacity to execute this release and that I am the parent or legal guardian of the Minor.
BY ACKNOWLEDGING AND SIGNING BELOW, I AM DELIVERING AN ELECTRONIC SIGNATURE THAT WILL HAVE THE SAME EFFECT AS AN ORIGINAL MANUAL PAPER SIGNATURE. THE ELECTRONIC SIGNATURE WILL BE EQUALLY AS BINDING AS AN ORIGINAL MANUAL PAPER SIGNATURE.
This is a weekly subscription and can be cancelled at any time by emailing firstname.lastname@example.org. No refunds will be issued.