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
“Parent”) with and for the benefit of Fitness Fix, its owners,
directors, officers, employees, volunteers, coaches, officials, business
operators, agents and site property owners or Occupiers (collectively,
“Fitness Fix”) on my own behalf and that of my child (the “Participant”).
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 Parent and Participant by Fitness Fix.
2. My child and I are aware that there are inherent and significant risks
(“Risks”) associated with my child’s participation in
Athletic Activities. My child and I are 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 Fitness Fix, 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 properly, whether or not it is supplied or provided by Fitness
Fix;
(c) injuries resulting from known or unknown medical conditions of my
child 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.
My child and I understand the Risks are relative to my child’s own
state of fitness and health (physical, mental and emotional), and to the
awareness, care and skill with which he or she conducts himself or herself
while participating in Athletic Activities. My child and I further acknowledge
and accept that the Risks increase as my child becomes fatigued.
3. My child and I freely accept and fully assume all responsibility for
all Risks and possibilities of personal injury, death, property damage
or loss resulting from my child’s participation in Athletic Activities.
My child and 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. My child
and 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 or my child while participating in Athletic Activities.
4. My child and I acknowledge his or her obligation to inform the nearest
employee or others of Fitness Fix immediately if he or she feels any pain,
discomfort, fatigue or other symptoms that he or she may suffer during
and immediately after participating in Athletic Activities. My child and
I understand that he or she or I may stop participation at any time, and
that he or she 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 child’s
participation in Athletic Activities, my child and I agree:
(a) to waive all claims that my child or 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
child’s 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
child’s participation in Athletic Activities.
7. My child and I agree that this waiver shall be binding upon my heirs,
next of kin, executors, administrators, assigns and representatives in
the event of my death or incapacity, and also shall be binding upon my
child’s heirs, next of kin, executors, administrators, assigns and
representatives in the event of my death or incapacity. (These individuals
are collectively referred to herein as “Legal Representatives”.)
8. My child and I agree that this waiver and all terms contained within
are governed exclusively by the laws of Alberta. My child and 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. My child and I confirm that we 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. My child and I understand that this waiver
is binding on me, my child and our Legal Representatives. My child and
I further confirm that we are not relying upon any oral or written representations
or statements made by Fitness Fix other than what is set forth in this
waiver.