RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
WARNING: BY CLICKING “I ACCEPT”, YOU GIVE UP IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE
PLEASE READ THIS AGREEMENT CAREFULLY!
ALL PARTICIPANTS MUST BE 18 OR OLDER
By participating in the personal training and nutrition coaching sessions (the “Sessions”) offered by RELKE FITNESS INC (the "Company"), including its instructors, and in consideration for my being allowed to participate in the Sessions, the receipt and sufficiency of which is hereby acknowledged, I (the “Participant”) am 18 or older, agree to be bound by each of the following provisions of this waiver, release of liability, assumption of risks and indemnity agreement (the "Agreement"):
ASSUMPTION OF RISKS: In consideration of my participation in the Session(s), I (the “Participant”) acknowledge that:
I have enrolled in the personal training session(s) of physical activity including and not limited to various workouts, cardiovascular conditioning and flexibility training offered by RELKE FITNESS INC. I hereby affirm that I am in good physical condition and do not suffer from any disability which would prevent or limit my participation in the personal training session(s).
I will be asked to complete physical activities unless symptoms such as fatigue, shortness of breath, chest discomfort or similar occurrences persist. I understand and have been informed that there exists the remote possibility during exercise of adverse bodily change including abnormal blood pressure, fainting, disorders of heart rhythm, and very rare instances of heart attack or even death.
I have been told that every effort will be made to minimize these occurrences by proper assessment of my condition prior and periodically during the course of my participation in the personal training session(s), by supervision during exercise, and by my own careful control of exercise efforts.
I fully understand that I may injure myself as a result of my participation in a personal training session and I, hereby release RELKE FITNESS INC, including its instructors, from any liability now or in the future including, but not limited to, heart attacks, muscle strain, muscle pulls or tears, broken bones, shin splints, heat prostration, injuries to knee, lower back, foot and other illness, soreness or injury however caused, of which occurred during, or after my participation in the personal training session(s).
I understand that participation in any exercise session(s) may increase the risk of injury to me. I acknowledge that I have consulted with my physician regarding my participation. My physician has informed me of the risks that I may encounter and has given me permission to participate in training session(s). I understand that I would not be accepted in training session(s) if participation was against my physician’s order.
I understand that the level of my participation in the training session(s) and which exercises to perform must be determined by me, in consultation with my physician, and that the instructor is not responsible for the intensity of my participation.
I understand that the instructor is not a physician, nurse, or emergency medical technician, and that the instructor, by making the training session(s) available, is not undertaking any responsibility regarding my medical condition(s). If my medical condition should change, I will discontinue the training session(s) and will immediately consult with my physician about continuing or resuming participation in this or any training session(s).
I understand that the instructor is not a licensed nutritionist and instructor is not liable for any recommendation made by him/her on food consumption based on his/her opinion.
I hereby personally assume any and all risks associated with participating in this training Session(s).
RELEASE OF LIABILITY & WAIVER OF CLAIMS: The RELKE FITNESS INC and its instructors, affiliated entities, former employees, owners, officers, members, managers, partners, contractors, insurers, shareholders, and directors (collectively "Released Entities") are not responsible for any injury, loss or damage of any kind sustained by any person while participating in the Training Session(s), including injury, loss or damage which might be caused by the action, inaction, or negligence of Participant or others. I (the “Participant”) hereby for myself, my heirs, executors, administrators or anyone else who might claim in my behalf, covenant not to sue, and waive, release and discharge the RELKE FITNESS INC and its instructors, affiliated entities, former employees, owners, officers, members, managers, partners, contractors, insurers, shareholders, and directors from any and all claims of liability for death, personal injury or property damage of any kind or nature (collectively "Claims") whatsoever arising out of, or in the course of my participation in the Session(s). This Release and Waiver extends to all claims of every kind or nature whatsoever, foreseen or unforeseen, known or unknown.
COMPLIANCE WITH INSTRUCTIONS: I agree, at all times during the training session(s), to abide by and comply with any additional instructions given to me by RELKE FITNESS INC and/or instructors,, and I accept that non-compliance may result in injury, death, or property damage.
INDEMNITY: I WILL INDEMNIFY, SAVE AND HOLD HARMLESS RELKE FITNESS INC and its instructors, affiliated entities, former employees, owners, officers, members, managers, partners, contractors, insurers, shareholders, and directors (“Released Entities”) from any and all losses, claims, actions, or proceedings of every kind and character, including attorney’s fees and expenses, which may be presented or initiated by any other persons and which arise directly or indirectly from (a) my participation in the activities covered by this Agreement or (b) the participation by persons whom I have invited or permitted to participate in the activities covered by this Agreement, whether or not such persons have entered into an agreement with Released Entities. I understand that this indemnification obligation shall apply whether or not the claim results from the negligence and/or other fault of any Released Entities or from any other cause.
INTELLECTUAL PROPERTY: I agree that all text, images, videos, and other electronic data collected during the session(s) is an intellectual property owned by RELKE FITNESS INC.
I HAVE READ THIS ENTIRE DOCUMENT. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO ITS PROVISIONS. By continuing to participate in the Training Session(s) provided by RELKE FITNESS INC, I am indicating my voluntary agreement to the provisions of this Agreement. Participation in the Training Session(s) by a person who is not yet 18 years old indicates that they are unlawfully attending the Session(s) and are subject to laws of Ontario, Canada and assume the liabilities of such decisions of falsifying their age. Should a provision of this agreement or portion thereof be found invalid or void as against public policy by any court of competent jurisdiction, the remainder of this agreement shall nonetheless remain in full force and effect.