Release of Liability, Waiver of Claims

 
Perky Athletics Ltd.
 
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
WARNING! BY ACKNOWLEDGING AND AGREEING TO THIS FORM YOU ARE GIVING UP IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ CAREFULLY!
 
Terms not defined herein shall have the meanings ascribed thereto in the Terms and Conditions.
 
You, the “Participant”, acknowledge that Perky Athletics Ltd. and its representatives, directors, officers, employees or contractors (all hereafter collectively referred to as “PERKY”) are not and shall not be held responsible for any injury, loss or damage of any kind sustained by the Participant/motivator or any other person in connection with the Participant’s usage of the Services and any related physical activity arising therefrom (collectively referred to as the “Activity”), including injury, loss or damage which might be caused or attributed to the negligence of PERKY.
 
In consideration of PERKY allowing the Participant to utilize the Services and participate in the Activity, the Participant:
 
Represents that the Participant is qualified, in good health and in proper physical condition to participate in the Activity.  The Participant further agrees that if at any time the Participant believes the conditions to be unsafe, the Participant shall immediately discontinue further participation in the Activity;
Acknowledges that the Activity has many inherent risks and dangers of serious injury, including but not limited to: theft, vandalism, damage or loss of personal property, any manner of injury, illness, permanent disability, paralysis and death (“risks”); these risks and dangers may be caused by the Participant’s own actions or inactions, the actions or inactions of other participants in the Activity, the condition in which the Activity takes place, or the negligence of PERKY; 
Agrees to assume and accept all risks arising out of, associated with or related to the Participant’s participation in the Activity, even though such risks may have been caused by or contributed to in any way by the negligence of PERKY;
Agrees to be solely responsible for any injury, loss or damage that the Participant might sustain while participating in the Activity, even though such injury, loss or damage may have been caused by or contributed to in any way by the negligence of PERKY; 
Releases, discharges, and covenants not to sue PERKY from any and all liability for any claims, demands, loss, damages, injury or expense on the Participant’s account caused or alleged to be caused for any reason whatsoever, including without limitation in whole or in part by the negligence of PERKY, or resulting from the Participant’s participation in the Activity, or otherwise;
Agrees to hold harmless and indemnify PERKY from any and all liability for any damage to the property of, or personal injury to, any third party resulting from the Participant’s participation in the Activity; and
Agrees to indemnify and hold harmless PERKY from any and all claims, demands, actions and costs, including legal costs incurred by PERKY on a full indemnity basis, which might arise out of the Participant’s participation in the Activity. 
 
I CONFIRM THAT I AM 18 YEARS OF AGE OR OLDER; THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT; AND I AM AWARE THAT BY INDICATING MY ACKNOWLEDGEMENT AND AGREEMENT HERETO, I AM WAIVING CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE, WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, PERSONAL REPRESENTATIVES OR ASSIGNS MAY HAVE AGAINST PERKY.






RELEASE OF LIABILITY, WAIVER OF CLAIMS, - MOTIVATOR

ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
(hereinafter “The Release Agreement”)

BY SIGNING THIS YOU WILL WAIVER 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 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: MOTIVATOR  (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”)
DEFINITIONS
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; golf; group fitness, running, biking, rock climbing, aqua sports; sports;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:
* Health: overexertion, dehydration, fatigue, lack of fitness or conditioning.
* Premises: defective, dangerous or unsafe condition of the facilities; falls;
collisions with objects, equipment or persons.
* Use of Equipment: mechanical failure of the equipment; negligent design or
manufacture of the equipment; the provision of or the failure by the Releasees to
provide any warnings, directions, instructions or guidance as to the use of the
equipment; failure to use or operate the equipment within my own ability.
* Advice: negligent advise regarding fitness programs.
* My conduct and conduct of other persons, including NEGLIGENCE ON THE
PART OF THE RELEASEES, may increase the risk of damage, loss, personal
injury or death. I understand that the Releasees may fail to safeguard or protect
me from the risks, dangers and hazards of the fitness programs, some of which are
referred to above.
Despite the risks, dangers and hazards of fitness programs, and fully understanding such
risks, dangers and hazards, I wish to participate in fitness programs with the Operator,
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 Releasees allowing me to participate in fitness programs and
permitting my use of their equipment, facilities and services, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have
against 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 as a result of my
participation in fitness programs DUE TO ANY CAUSE WHATSOEVER,
including but not limited to:
* negligence on the part of the Releasees;
* breach of contract by the Releasees;
* breach of warranty on the part of the Releasees in respect of the design,
manufacture, selection, installation, maintenance or adjustment of
equipment;
* breach of any statutory or other duty of care including the duty of care
owed under the Occupiers Liability Act, R.S.A. 2000, c. 0-4, on the part of
the Releasees; and
* the failure on the part of the Releasees to safeguard or protect me from the
risks, dangers and hazards of fitness programs, some of which are referred
to in the Assumption of Risks sections of this Agreement.
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any
and all liability for any damage, loss, expense or injury to any third party
resulting from my participation in fitness programs
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.
SAFETY 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 Alberta, and I agree to attorn solely to the jurisdiction of the
Courts of the Province of Alberta. Any litigation involving the parties to the Agreement
shall be brought solely within the Province of Alberta and/or Ontario  and shall be within the exclusive jurisdiction of the Court of the Province of Alberta and/or Ontario .