RELEASE OF LIABILITY, WAIVER OF CLAIMS,
ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
(hereinafter “The Release Agreement”)
BY SIGNING THIS YOU WILL WAIVE 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 THE 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: 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; use of aquatic facilities including swimming pool, whirlpool, jacuzzi and sauna; use of strength training and fitness conditioning equipment, machines and facilities; nutritional and dietary programs; orientation or instructional sessions or lessons; and all other such related activities.
ASSUMPTION OF RISKS
I am aware that my participation in Dance and 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 advice regarding fitness programs.
My conduct and conduct of other persons: I acknowledge that such conduct, including my negligence and negligence 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 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:
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 any duty of care owed under the Occupiers Liability Act, R.S.B.C. 1996, c. 337, 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 section of this Agreement.
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.
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 Dance 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 Dance and 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 British Columbia, and I agree to attorn solely to the jurisdiction of the Courts of the Province of British Columbia. Any litigation involving the parties to this Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.
Ignite Dance Company
RELEASE AND WAIVER OF LIABILITY
In consideration of being allowed to participate in any way in any Ignite Dance Center programs, events or activities, I understand, acknowledge and agree to the following:
1. I certify that I am physically fit and able to participate in the program, event or activity, and have not been advised otherwise by a qualified medical professional. I will not participate in any program, event or activity in which I am not physically able. I certify that I do have my own medical and dental insurance.
2. I agree to comply with any and all rules, regulations, terms and conditions as listed on the Ignite Dance Company website and the online portal, for participation in the program, event or activity. I agree to inspect the equipment and premises to be used prior to participation. If I believe that anything is unsafe, I will inform league officials, team captains, referees or facilities owners of the issue and refuse to participate if not corrected.
3. I acknowledge and fully understand that as a participant, I will be engaging in activities that involve risk of serious injury, including permanent disability and death, property loss and severe social and economic losses. These risks include, but are not limited to, those caused by: (a) the actions, inactions or negligence of Ignite Dance Company, participants, volunteers, spectators, teachers, event organizers, and judges; (b) conditions of the premises or equipment used; (c) rules of play; (d) temperature; (e) weather; (f) condition of participants; and, (g) vehicular traffic. I further acknowledge and fully understand that there may also be other risks that are not known or foreseeable at this time. I KNOWINGLY AND VOLUNTARILY ASSUME ALL SUCH RISKS, EVEN IF ARISING FROM THE NEGLIGENCE OF Ignite Dance Company OR OTHERS, AND I ASSUME FULL RESPONSIBILITY AND LIABILITY FOR MY PARTICIPATION.
4. I, on behalf of myself, my heirs, executors, administrators and assigns, hereby waive, release, discharge, and agree not to sue Ignite Dance Center, its managers, members, directors, officers, employees, volunteers, representatives, agents, and teachers, and other participants, sponsoring agencies, sponsors, advertisers and if applicable, owners and lessors of equipment and premises used to conduct the programs, events or activities (collectively the Releasees), from any and all claims WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, any liability and expenses WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF THE RELEASEES which I may have or which may subsequently accrue to me, relating to, resulting from or arising out of my use and/or participation in any programs, events or activities of Ignite Dance Company, including any injury or damage to my person or property, or to that of any other person or property. My release of liability includes my attendance at any social or charitable event or gathering that may be organized, authorized, or paid for by the Releasees, or individual players.
5. I agree to indemnify, defend and hold the Releasees harmless from and against any and all claims for damages, injuries, losses, liabilities and expenses relating to, resulting from or arising out of my participation in any Ignite Dance Company, event or activity.
6. I consent to have medical treatment that may be deemed advisable in the event of injury, accident and/or illness during any program, event or activity. I release Ignite Dance Company and all persons participating in any such medical treatment from all responsibility for any such actions.
7. I agree to pay an annual, non-refundable, $50 registration fee per family. In the event of withdrawal, I understand that I will be charged up to and including 30 days from my day of notice of withdrawal to Ignite Dance Company, via email. I agree and understand that all costume fees and deposits are non-negotiable and non-refundable, regardless of continued participation in the class or not.
8. I intend that this Waiver and Release of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
IN WITNESS WHEREOF, Participant has read and voluntarily signed this Release, and further agrees that no oral representations, statements, or inducements apart from the foregoing written agreement have been made.
