DECLARATIONS: This Agreement is entered into between Body By You (“The Company”) and you the undersigned/acknowledged (“Client”). The provision of personal training and/or group fitness services by The Company to Client, and Client’s use of any premises, facilities or equipment are contingent upon this Agreement.
ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including group fitness classes, or enter our premises or contracted premises or use any facility or equipment on our premises or contracted premises for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by The Company or otherwise, including injuries or damages arising out of the negligence of The Company, whether active or passive, or any of The Company’s affiliates, employees, agents, representatives, successors, and assigns. You understand and agree that all sports and activities have physical dangers which may result in serious injury or death.
You certify that you have no known medical condition which would prohibit you from participating in fitness services offered by The Company and agree to act in a responsible manner at all times.
Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment.
You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jumping, stretching, jogging, running, aerobic activities, aquatic activities, or any other sporting or recreational endeavor.
You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of The Company or otherwise.
RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge The Company (and The Company’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of The Company, whether active or passive, or any of The Company’s affiliates, employees, agents, representatives, successors, and assigns.
This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training or group fitness instruction, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training or group fitness instruction, including injuries resulting from The Company’s or anyone else’s negligent inspection or maintenance of the facility or premises.
INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless The Company from any loss, liability, damage, or cost The Company may incur due to the provision of fitness services by The Company to you.
You verify the information you have provided on this form above is truthful and accurate. To the best of your knowledge you consent that you do not have Covid-19. You agree to take on any liability that may result from the interaction and participation in fitness training with Body By You. You knowingly and willingly consent to participate in fitness training activities during the COVID-19 pandemic.
You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the province of Ontario and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
You acknowledge that The Company offers a service to his/her clients encompassing the entire recreational and/or fitness spectrum.
This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement.
You hereby grant and release The Company, the right to use photographs, audio and/or videotapes in which you appear in any materials such as videos, films, recordings, still photographs or articles relating to The Company, its programs and services including, but not limited to; brochures, newsletters, flyers, online marketing, social media or website, whether broadcast on television, radio, internet or any other advertising medium.
The Company will never disclose your personal information to third parties. By providing The Company with your information, you agree to receive amazing, value-add and enticing updates from The Company on special events, new classes, fitness and nutrition tips, special offers, recipes and more. You understand that you can opt out at any time.
I, the undersigned, have read, understood to my full satisfaction and completed this questionnaire. I have answered the above questions honestly, to the best of my knowledge. I acknowledge that this physical activity clearance is valid for a maximum of 12 months from the date it is completed and becomes invalid if my condition changes. I also acknowledge that Body By You will retain a copy of this form for their records. In this instance, Body By You will be required to adhere to local and national guidelines regarding the storage of personal health information ensuring that they maintain the privacy of the information and do not misuse or wrongfully disclose such information.