IMPORTANT: BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT. PLEASE READ CAREFULLY!
I, the undersigned participant, or legal guardian of the participant (hereinafter collectively referred to as “participants”) in the FitGirls Ltd. or Adaptive Fitness Training program (“the Program”), hereby acknowledge and agree to the following terms:
1. Assumption of Risks: I understand that fitness activities, exercises, and participation in the Program carry inherent risks and hazards. Some of these risks are inherent in the nature of fitness activities, while others may result from human error and/or negligence. As a participant, I acknowledge that I or my child may incur serious personal injuries, including sickness, illness, virus or disease, infection, psychological injury, headaches, pulled or strained muscles or other body parts, heat exhaustion or other related heat injuries, death, and property loss or damage, including any loss or damage to personal items. I am fully aware of the existence of these risks, dangers, and hazards associated with the Program. I willingly accept and fully assume all such risks, dangers, and hazards, along with the possibility of personal injury, death, and property damage or loss resulting therefrom. My decision to participate in the Program is purely voluntary, and I choose to participate despite all known and unknown risks.
2. Acknowledgment of Responsibility: I understand that FitGirls Ltd., Adaptive Fitness Program, the organizers of the Program, and their respective officers, directors, employees, independent contractors, agents, affiliated clubs, sponsors, and volunteers (collectively the “Releasees”) do not assume any responsibility for my safety during my participation in the Program. I voluntarily assume all risks and hazards associated with participation, including the possibility of personal injury, death, property damage, or loss.
3. Release of Parties: I hereby release FitGirls Ltd. and its directors, officers, employees, sponsors, independent contractors, and agents from all liability and waive any recourse, proceedings, claims, and causes of action of any kind against them, in respect of any personal injuries or property losses that may arise out of or are connected with my preparation for or participation in the Program. This waiver applies even if such injuries or losses were caused in whole or in part by the negligence or breach of duty of FitGirls Ltd. or any of the aforementioned parties.
4. Waiver of Claims: On my own behalf and on behalf of my child, personal representatives, heirs, estate trustees, or assigns, I hereby confirm that: (A) I waive any and all claims that I have or may in the future have against the Releasees and release the Releasees from any and all liability for any loss, damage, expense, or personal injury or infection, including death, that I may suffer, or that my next of kin may suffer, as a result of my participation in the Program. This waiver and release apply to any cause whatsoever, including my own negligence or the negligence of the Releasees, consumption of alcohol or drugs, infection, breach of contract, or breach of any statutory or other duty of care, including any duty of care owed under the Occupiers Liability Act and any other applicable legislation on the part of the Releasees. This includes the failure on the part of the Releasees to take reasonable steps to safeguard or protect me from the risks of the Program; and (B) Indemnify and hold the Releasees harmless from any claims or causes of action brought against them by any party arising out of mine or my child’s actions, including my negligence, during participation in the Program.
5. Required Equipment: I will use the equipment as recommended by the Releasees when needed while participating in the Program. I shall satisfy myself of any and all questions or concerns I may have regarding the equipment before utilizing the equipment. I further understand that it is my sole responsibility to inspect all of the equipment I use, regardless of the provider, and that I should be satisfied in my sole discretion as to the quality and safety of the equipment.
6. Video/Photo Release: I understand and agree that the Releasees may videotape, audiotape, and/or photograph me during the Program. I grant them the rights to use these materials for all commercial and non-commercial purposes without payment to me and without further notice or permission.
7. Consent for Minor Participants: If the participant is a minor, I agree that this Release Agreement is made on behalf of that minor participant and that all releases, waivers, and promises herein are binding on that minor participant. I represent that I have full authority as the Parent or Legal Guardian to bind the minor participant to this Release Agreement. I further agree to defend, indemnify, and hold harmless the Releasees from any claims or suits for personal injury, property damage, or otherwise brought by or on behalf of the minor, in connection with participation by the minor, including injuries or damages caused by the negligence of the Releasees, except those caused by gross negligence or willful misconduct. I am the parent or guardian of a minor participant; I provide express consent for the Minor to participate in the Program. By signing below, I agree to the terms and conditions of this Release Agreement on my behalf and/or on behalf of the Minor, as their parent or guardian. I acknowledge that my heirs, executors, administrators, and assigns will also be bound by this Release Agreement.
Additionally, in consideration of not having to sign a new Release Agreement for each participation, I agree that this Release Agreement shall apply to all future participations in the Program by me and the minor participant until they reach 18 years old.