TO: OSED Howe Street Vancouver Leaseholds Inc., Old Stock Exchange Building Properties Ltd., Colliers International and Curtis Health (collectively, the “Licensor”) of The Exchange located at 475 Howe Street in Vancouver, B.C. (the “Property”),
In this agreement, the term “FITNESS ACTIVITIES” shall mean weight lifting, weight training, aerobics and personal fitness or training activities of any kind and shall include all instruction, training, demonstrations and use of the COMPANY gymnasium equipment and facilities located at the Exchange Fitness Centre (the “FACILITIES”).
ASSUMPTION OF RISKS
I am aware that FITNESS ACTIVITIES involve many risks, dangers and hazards including, but not limited to mounting, using and disembarking fitness or exercise equipment, moving, loading, lifting, securing and unloading free weights and other fitness equipment components; dropping free weights and other fitness equipment components; loss of control; entrapment; dehydration; over-exertion; fainting; muscle strain; angina; stroke; aneurysm; circulatory or respiratory problems; collision or contact with other fitness or exercise participants; failure to engage in FITNESS ACTIVITIES safely or within one’s own ability or within designated areas; negligence of other persons participating in FITNESS ACTIVITIES on or about the FACILITIES; and NEGLIGENCE ON THE PART OF THE COMPANY OR ITS AGENTS OR OTHER EMPLOYEES, INCLUDING THE FAILURE ON THE PART OF THE COMPANY OR ITS AGENTS OR OTHER EMPLOYEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF FITNESS ACTIVITIES.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH FITNESS ACTIVIITES 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.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of THE COMPANY providing and permitting my use of the FACILITIES and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against THE COMPANY, and its directors, officers, employees, agents, representatives, successors and assigns, (all of whom are hereinafter collectively referred to as the “RELEASEES”), and to RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer from either my use of or my presence on or about the FACILITIES DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, c.337, ON THE PART OF THE RELEASEES, AND ALSO INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF FITNESS ACTIVITIES REFERRED TO ABOVE.
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property of or personal injury to any third party, resulting from my use of or presence on or about the FACILITIES;
3. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
4. The Agreement shall be governed by and interpreted in accordance with the laws of the Province of British Columbia; and
5. Any litigation involving the parties to this Agreement shall be brought within the Province of British Columbia.
In entering into this Agreement I am not relying upon any oral or written representations made by the RELEASEES with respect to the safety of FITNESS ACTIVITIES other than what is set for in this Agreement.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.