MFW COACHING RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS & INDEMNITY AGREEMENT
WARNING: PLEASE READ CAREFULLY BEFORE SIGNING! THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION
Each person participating in MFW Coaching/Michelle Fracchia-West (“MFW”) programs, which may include exercises and dance routines made up of elements from dance, movement, stretching, gymnastics and yoga as tools to strengthen the body, improve alignment, flexibility, body awareness, performance quality, and expression for performances and competition, and may include the use of additional equipment, such as stretch bands and exercise balls, to enhance training (the “Activity”), is referred to as a “Participant”.
Assumption of Risk
1. I, the undersigned, am a Participant, and, if the Participant is under 18, I am the minor Participant’s parent or legal guardian. I understand that participating in the Activity can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, OR LOSS.
2. I understand the dangers and risks of the Activity and that Participant ASSUMES ALL INHERENT DANGERS AND RISKS of the Activity.
3. I understand that Participant assumes responsibility for maintaining control and ensuring that Participant has sufficient space to move around freely without obstruction at all possible times while engaging in the Activity and for listening, reading, understanding, and complying with all instructions and directions given by MFW staff and instructors.
4. I represent that Participant is in good health and that there are no special problems associated with Participant’s physical condition. I acknowledge that it is Participant’s responsibility to consult with a physician regarding participation in the Activity.
5. I acknowledge that if Participant is feeling unwell or is injured, it is my/Participant’s responsibility to consult with a physician prior to participating in the Activity.
Liability Waiver, Release, & Indemnification
6. In consideration for allowing Participant to participate in the Activity, I AGREE, to the greatest extent permitted by law, TO WAIVE ANY AND ALL CLAIMS AGAINST AND TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND AGREE NOT TO SUE MFW, and its insurance company, and all successors in interest, affiliates, agents, employees, representatives, assignees, officers, directors, and shareholders (each a “Released Party”) FOR ANY INJURY, INCLUDING DEATH, LOSS, PROPERTY DAMAGE OR EXPENSE, WHICH I OR PARTICIPANT MAY SUFFER, ARISING IN WHOLE OR IN PART OUT OF PARTICIPANT’S PARTICIPATION IN THE ACTIVITY, INCLUDING BUT NOT LIMITED TO, THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE OR BREACH OF ANY CONTRACT AND/OR EXPRESS OR IMPLIED WARRANTY OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF ANY RELEASED PARTY TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT AGAINST THE RISKS, DANGERS, AND HAZARDS OF THE ACTIVITY.
7. In further consideration for allowing Participant to participate in the Activity, I FURTHER RELEASE AND GIVE UP ANY AND ALL CLAIMS AND RIGHTS THAT I MAY NOW HAVE AGAINST ANY RELEASED PARTY AND UNDERSTAND THIS RELEASES ALL CLAIMS, INCLUDING THOSE OF WHICH I AM NOT AWARE, THOSE NOT MENTIONED IN THIS RELEASE AND THOSE RESULTING FROM ANYTHING WHICH HAS HAPPENED UP TO NOW.
8. I ALSO AGREE TO PAY ALL COSTS, INCLUDING ATTORNEY’S FEES, INCURRED BY ANY RELEASED PART IN DEFENDING AN INVESTIGATION, CLAIM, OR LAWSUIT BROUGHT BY OR ON PARTICIPANT’S BEHALF WHETHER ARISING IN WHOLE OR IN PART FROM PARTICIPANT’S PARTICIPATION IN ANY ACTIVITY OR FROM ANY MISREPRESENTATIONS OR FRAUDULENT EXECUTION OF THIS AGREEMENT.
Intellectual Property
9. I acknowledge and agree that all intellectual property, including trademarks and copyright, in any format, provided or made available to Participant by MFW for Participant’s use in relation to Participant’s participation in the Activity is the exclusive property of MFW.
10. I further acknowledge and agree that Participant will not use the intellectual property for any other purpose other than solely in relation to Participant’s participation in the Activity and that I or Participant will not alter, reproduce, sell, distribute, or otherwise make available any intellectual property, in whole or in part, without the express written permission of MFW.
COVID-19 Restrictions and Protocols
11. Coronavirus disease (COVID-19) is an infectious disease caused by the SARS-CoV-2 virus and has been declared a worldwide pandemic by the World Health Organization. Coronavirus disease is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, provincial, and local governments, including public health agencies recommend physical distancing and have, in many places, restricted or prohibited the assembly of large groups and mandated the use of non-medical masks in public places.
12. I acknowledge that MFW is subject to restrictions imposed by federal, provincial, and local governments and that as a result, MFW has established various policies intended to ensure that MFW meets or exceeds the federal, provincial, and local government requirements and restrictions related to COVID-19 in force from time to time.
13. I understand that these policies exist to prevent and reduce the potential for COVID-19 to spread within the facility; however, MFW cannot guarantee that the Participant or Participant’s family will not be exposed to or become infected with coronavirus disease.
14. I understand and acknowledge that by accessing the MFW studio, Participant may be at increased risk for contracting coronavirus disease.
15. I further acknowledge and understand that individuals with health conditions including but not limited to heart disease, cancer, or diabetes may be more likely to suffer more severe symptoms as a result of contracting the coronavirus disease.
16. I agree that my Participant will abide by all federal, provincial, and local government restrictions in force from time to time as well as all policies, rules, and direction set out by MFW and/or its directors, owners, and employees, as may be amended from time to time. I, as the minor Participant’s parent or legal guardian, have informed and educated the Participant of all social distancing guidelines that Participant is expected to follow while attending the MFW studio. I understand and agree that failure to abide by these policies, rules, and direction may result in Participant’s removal from the Activity and/or from MFW.
AGREEMENT
17. I, as the Participant, or if the Participant is under 18 years of age, I as the minor Participant’s parent or legal guardian, have read this Agreement and understand it, and I am aware that by signing or clicking “submit” I agree to all the terms contained herein and that I am waiving certain legal rights against MFW and all Released Parties.
18. I acknowledge that I have had the opportunity to obtain independent legal advice prior to agreeing to the terms and conditions set out herein.
19. I agree that the courts of competent jurisdiction in the Province of Saskatchewan shall have exclusive jurisdiction in any claim or legal proceeding with respect to any matter related to this Agreement or participation in the Activity, and that the laws of the Province of Saskatchewan shall apply to this Agreement, and with respect to such claim or proceeding.
20. BY SIGNING ON BEHALF OF A MINOR OR OTHER PARTICIPANT, I REPRESENT THAT I AM AUTHORIZED TO SIGN ON PARTICIPANT’S BEHALF and/or I AM THE PARENT OR LEGAL GUARDIAN OF THE MINOR PARTICIPANT and acknowledge that Participant is bound by all the terms of this Agreement. I understand that the minor Participant would not be permitted to take part in any of the Activities unless I agree to the terms of this Agreement. By signing this Agreement without a parent or legal guardian’s signature, I represent, under penalty of fraud that I am at least 18 years old.
21. I understand that this Agreement will apply for each and every class, session, workshop, performance, and competition that the Participant participates in during the applicable operating season. I understand that this Agreement is a contract and, to the fullest extent permitted by law, shall be binding on me and my assignees, subrogors, distributors, heirs, next of kin, executors, and personal representatives. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties.