PCI King George Developments Inc. and Fraser & King George Properties Limited Partnership c/o Warrington PCI Management (the “Company”) operates a Fitness Centre located at 9900 King George Boulevard in Surrey, British Columbia (the “Premises”). Please initial the following sections A through E and paragraphs 1 through 5.
A. Persons who use our facilities, equipment, change rooms, lockers and shower facilities, do so at their own risk; and further acknowledge and accept that they are solely responsible for the determination of the nature and extent of risks involved in using the equipment and facilities at the Premises.
B. I wish to use the equipment and facilities located at the Premises.
C. I recognize that there are risks associated with using the equipment and facilities at the Premises.
D. I will consult, have or should have consulted with a physician or physicians with respect to the appropriate exercise regime, level of physical exertion, and frequency and duration of exercises before and regularly after engaging in the use of the equipment and facilities located at the Premises. I confirm that I am aware that I should have regular, periodic medical check-ups during which I should advise my physician of my activities at the Premises.
E. I acknowledge that I am over 19 years of age, and voluntarily choose to use the equipment and facilities at the Premises.
F. I recognize that the Company is not responsible for any exercise routine(s) or program(s) which I have adopted as a result of suggestions, instructions or prescriptions given by sources (i.e. physicians, health books and guides, media programs) unrelated to and outside the control of the Company.
NOW THEREFORE in consideration of the Company allowing me to use the Premises, I hereby on my own behalf or my heirs, executors, administrators, assigns or anyone else who may now or at any time hereafter claim in my name of my behalf:
1. Release and forever discharge the Company and its directors, officers, employees and agents from and against all actions, causes of action, damages, debts, claims, demands, cost and expenses relating to or arising out of my use of the Premises whether or not incurred by the negligence of the company, its directors, officers, employees or agents.
2. Agree to indemnify and save harmless the company and its directors, officers, employees and agents from and against all actions, causes of action, damages, debts, claims, demands, cost and expenses which may hereafter be brought against all or any of them by or on behalf of any person and which relate to or arise out of my use of the Premises even if such actions, causes of action, damages debts, claims demands, costs and expenses accrued by reason of the negligence of the Company, its directors, officers, employees or agents.
3. This waiver and Exclusion of Liability and Assumption of risk represents the entire agreement. I acknowledge that I have not relied on any agreements, covenants, warranties, or representations of any kind whatsoever not included in this exclusion and waiver of liability and assumption of risk.
4. I acknowledge that the facts in respect of which this waiver and exclusion of liability and assumption of risk is made may prove to be other than or different from the facts which I at present time understand to be true and I agree that this waiver and exclusion of liability and assumption of risk shall be in all respect enforceable and not subject to termination, rescission or variation if my present understanding of said facts is incorrect.
5. I further acknowledge and accept that I am solely responsible for the determination of the nature and extent of risks involved in using the equipment and facilities at the Premises.
PCI King George Developments Inc. and Fraser & King George Properties Limited Partnership and it’s agent Warrington PCI Management have done its best to put in place preventative measures to reduce the spread of COVID-19; however, PCI King George Developments Inc. and Fraser & King George Properties Limited Partnership and it’s agent Warrington PCI Management cannot guarantee that you will not become infected with COVID-19.
By signing this agreement, you acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you may be exposed to or infected by COVID-19 by using the fitness facilities. Such exposure or infection may result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 at the Fitness Centre may result from the actions, omissions, or negligence of myself and others, including, but not limited to, PCI King George Developments Inc. and Fraser & King George Properties Limited Partnership and it’s agent Warrington PCI Management and their employees and contractors.
You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to yourself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with your use of the Fitness Centre. You hereby release, covenant not to sue, discharge, and hold harmless Its employees, contractors, agents, and representatives, from the Claims. You understand and agree that this release includes any Claims based on the actions, omissions, or negligence of as well as PCI King George Developments Inc. and Fraser & King George Properties Limited Partnership and it’s agent Warrington PCI Management and representatives whether a COVID-19 infection occurs before, during, or after use of the Fitness Centre.
This agreement shall be governed by the laws of British Columbia and the parties hereto attorn to the jurisdiction of the Courts of British Columbia. I HAVE CAREFULLY READ THIS EXCLUSION AND WAIVER OF LIABILITY AND ASSUMPTION OF RISKAS SET OUT ABOVE AND I UNDERSTAND AND AGREE TO ITS PROVISIONS