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This Liability Waiver, Release and Indemnity AGREEMENT (“Agreement”) is entered into by and between Futures Gymnastics Inc. d/b/a MyGymIsOnline.com, a Canadian Corporation located at 6991 Millcreek Dr Unit 8, Mississauga, Ontario L5N 6B9(MyGymIsOnline) and the undersigned (“Client”, “Me”, “My”, “My Child” and “I”). In consideration of the mutual promises exchanged herein and other good and valuable consideration, the parties agree as follows:
1. PURPOSE. This Agreement shall encompass the entire term that You or Your Child are engaged in online classes and exercise instruction through but not limited to private sessions, group training sessions, events and other fitness classes (“Programs”). The purpose of this waiver is to establish the fact that there are risks associated with the types of exercise offered through the Program and to ensure that you understand that you are waiving any and all claims against the providers.
2. Assumption of Risk Waiver, Release and Indemnification.
a. Nature of Exercise. You acknowledge that there are hazards and risks associated with participating in any fitness and exercise Programs and that You or Your Child participate exclusively at Your own risk. Risks of exercise, including group exercise, may include, but are not limited to, falls, abnormal blood pressure, fainting, heart disorders and heart attack, stroke, seizures, dehydration, heat exhaustion, sprains, muscle strain, blisters, rhabdomyolysis, stress fractures, shin splints, tendonitis, cartilage tears, bursitis, back pain, soreness, bruising of joints, and injuries caused by other participants. Exercise beyond one’s physical limits and/or accidents involving equipment may result in serious injury or even death. By initialing below, You acknowledge that You: 1) are fully aware of these risks and any risks associated with exercise which may result in serious injury or death to Yourself as well as to Your born or unborn child(ren) if engaged in instruction while pregnant; 2) are aware of the risks associated with group exercise which may be caused by other participants including but not limited to bumps, trips, and falls; 3) willingly assume full responsibility for such risks; 4) release Futures Gymnastics, MyGymIsOnline, its principals, agents and employees and waive any and all liability, claims, actions or rights of action which are related to, arise out of or in any way connected to the Programs including certification processes for Licensees; and 5) release and waive the same as it pertains to any injury or death suffered by Your child, whether born or unborn. This provision shall be binding upon Your heirs, assigns, agents, successors, and family members.
b. Indemnification. During Your or Your Child’s participation in a Program, it is possible that you injure another participant. Resultantly, You hereby agree to defend, indemnify and hold harmless Futures Gymnastics, MyGymIsOnline and its owners, officers, agents, employees and/or affiliates against any loss, damage or expense incurred by reason of any claim (including any and all claims involving participants and their born or unborn children) arising out of personal injury, including death, and encompassing lost wages, medical expenses and pain and suffering, property damage and related expenses arising out of negligent or intentional acts or omissions of any other participants, Instructor or other third parties.
3. Health Warranty. You warrant and represent that You or Your child have no mental or physical conditions, problems, disabilities, impairments, ailments, diseases and are not on prescription medication that prevents or affects You or Your Child if engaging in active or passive exercise, or that will be otherwise detrimental or adverse to Your or Your Child’s health, safety or physical condition and that would prevent you from safely participating in the Program. You further warrant that You or Your Child have received a physician’s approval immediately prior to enrolling in the Program. It is Your ongoing obligation to be fully aware of Your medical history, to consult with a physician prior to engaging in the Program, and to consult with a physician if a medical condition otherwise appears to be developing in the course of Your participation. You further acknowledge and agree that Bella Ballerina shall not be subject to any claim or demand for injury whatsoever on account of your participation in any Program.
4. MINOR’S HEALTH WARRANTY. It is Your ongoing obligation to be fully aware of Your child’s medical history and to consult with his/her pediatrician prior to engaging in the Program, and to consult with a pediatrician if a medical condition otherwise appears to be developing in the course of Your child’s participation. You further acknowledge and agree that Futures Gymnastics, MyGymIsOnline, shall not be subject to any claim or demand for injury whatsoever on account of your child’s participation in any Program. You hereby further acknowledge that Your child has no physical impairments, injuries, illnesses and is not on prescription medication that will otherwise endanger him/her if he/she participates in the Program(s).
5. Costs of Enforcement. In the event that Futures Gymnastics Inc, MyGymIsOnline, incurs legal fees to defendant itself from any claims or to enforce indemnification, You will be responsible for payment of attorney’s fees, costs of enforcement and any additional expenses incurred. 6. Choice of Law and Venue. This Agreement shall be construed according to the laws of Ontario, Canada. If a lawsuit is commenced by either party, proper venue shall lie exclusively in the courts of Peel Region.
7. Modification or Amendment. No amendment, change or modification of this Agreement shall be valid unless in writing and duly executed by the parties hereto. No oral modifications shall be considered binding.
8. Enforce-ability. If any provision of this Agreement or any portion thereof is held by a court of competent jurisdiction to be invalid and/or unenforceable, then such offensive provisions shall be stricken and the remainder of this Agreement shall nevertheless remain in full force and effect and shall in no way be impaired.
9. Interpretation. When the context in which words are used in this Agreement indicates that such is the intent, words in the singular number shall include the plural, and vice versa, and words in the masculine gender shall include the feminine and neuter genders, and vice versa. Captions and headings are used in this Agreement for convenience only and shall not be construed to affect the meaning of this Agreement. Terms such as "hereof", "herein", "hereto", "hereby", "hereunder" and similar references shall be deemed to refer to this Agreement in its entirety and not to any particular provision(s) of this Agreement.