WARNING: THIS AGREEMENT WILL AFFECT YOUR LEGAL RIGHTS, READ IT CAREFULLY!
Every Person Must Read and Understand this Waiver Prior to Participating
in any activity sponsored by or led by Fitness Fix.
The following waiver of all claims, release from all liability, assumption
of all risks and other terms of this agreement are entered into by me (the
“Participant”) with and for the benefit of The Fitness Fix,
its affiliates, owners, directors, officers, employees, volunteers, coaches,
officials, business operators, agents and site property owners or Occupiers
(collectively, “Fitness Fix”). Occupiers is defined in accordance
with the definition of Occupiers contained in the Occupiers’ Liability
Act, R.S.A. 2000, c. O-4, as amended.
1. “Athletic Activities” includes, but is not limited to,
contact and non-contact sports, fitness activities (including fitness training
and stretching), personal training instruction and activities (including
fitness appraisals), use of facilities, and fitness programs and services
(including group fitness classes, such as Core Conditioning and the Running
Bootcamp) provided to the Participant by Fitness Fix.
2. I am aware that there are inherent and significant risks (“Risks”)
associated with my participation in Athletic Activities. I am aware that
those Risks include, but are not limited to, the potential for serious
or fatal injury caused by any event or any condition of the facility or
equipment where Athletic Activities are provided by the Organization, and
health risks including, but not limited to, the following:
(a) muscular skeletal injuries, sprains, strains, dislocations, broken
bones from executing exercises;
(b) injuries resulting from the use of any of the equipment during Athletic
Activities, whether or not it is supplied or provided by Fitness Fix;
(c) injuries resulting from known or unknown medical conditions of myself
or others;
(d) an increased load on the heart, which may result in dizziness, shortness
of breath and in extreme circumstances, may result in a heart attack;
(e) transient light-headedness, fainting, abnormal blood pressure, chest
discomfort, muscle cramps or soreness, and nausea; and
(f) all matter of injury arising from falling and impacting against the
floor surface, walls, apparatus/equipment or the ground.
I understand the Risks are relative to my own state of fitness and health
(physical, mental and emotional), and to the awareness, care and skill
with which I conduct myself while participating in Athletic Activities.
I further acknowledge and accept that the Risks increase as I become fatigued.
3. I freely accept and fully assume all responsibility for all Risks and
possibilities of personal injury, death, property damage or loss resulting
from my participation in Athletic Activities. I agree that although Fitness
Fix has taken steps to reduce the Risks and increase safety of the Athletic
Activities, it is not possible for Fitness Fix to make the Athletic Activities
completely safe. I accept these Risks and agree to the terms of this waiver
even if Fitness Fix if found to be negligent or in breach of any duty of
care or any obligation to me in my participation in Athletic Activities.
4. I acknowledge my obligation to inform the nearest employee or others
of Fitness Fix immediately if I feel any pain, discomfort, fatigue or other
symptoms that I may suffer during and immediately after my participation
in Athletic Activities. I understand that I may stop participation at any
time, and I may be requested to stop by an employee or others of Fitness
Fix who observes any symptoms of distress or abnormal response.
5. I confirm that I have reached the age of majority in the Province of
Alberta.
6. In addition to consideration given to Fitness Fix for my participation
in Athletic Activities, I agree:
(a) to waive all claims that I may have in the future against Fitness
Fix;
(b) to release and forever discharge Fitness Fix from all liability for
all personal injury, death, property damage, or loss resulting from my
participation in the Athletic Activities due to any cause including, but
not limited to, negligence (failure to use such care as a reasonably prudent
and careful person would use under similar circumstances), breach of any
duty imposed by law, breach of contract, or mistake or error of judgment
of Fitness Fix; and
(c) to be liable for and to hold harmless and indemnify Fitness Fix from
all actions, proceedings, claims, damages, costs demands, including court
costs and costs on a solicitor and own client basis, and liabilities of
whatsoever nature or kind arising out of or in any way connected with my
participation in Athletic Activities.
7. I agree that this waiver shall be binding upon my heirs, next of kin,
executors, administrators, assigns and representatives, (collectively my
“Legal Representatives”) in the event of my death or incapacity.
8. I agree that this waiver and all terms contained within are governed
exclusively by the laws of Alberta. I hereby irrevocably submit to the
exclusive jurisdiction of the courts of Alberta. Any litigation to enforce
this waiver must be instituted in the Province of Alberta.
9. I confirm that I have had sufficient time to read and understand each
term in this waiver in its entirety, and have agreed to the terms freely
and voluntarily. I understand that this waiver is binding on me and my
Legal Representatives. I further confirm that I am not relying upon any
oral or written representations or statements made by Fitness Fix other
than what is set forth in this waiver.