Waiver of Liability, Release and Indemnity
(“Release and Waiver”)
To: Phaedra Kennedy, doing business as PK Performance Coaching (“Trainer”) and its owners, directors, officers, employees, contractors, agents, heirs and assigns, as applicable (collectively, Released Parties”).
In consideration of participating in the fitness training services provide by Trainer which includes the 12 DAYS OF STRENGTHMAS CHALLENGE (the “Services”) and in using the premises, facilities and/or equipment, if applicable, I, the undersigned, acknowledge and agree as follows:
Acknowledgment of Risk
I acknowledge that there are inherent risks and dangers in participating in the Services, including, but not limited to (i) minor injuries such as scratches, bruises, muscle aches, soreness and sprains; (ii) major injuries such as joint or back injuries, bone breaks, eye injuries or loss of sight, heart attacks and concussions; and (iii) catastrophic injuries including paralysis or even death. I understand that the description of the risks in this Release and Waiver is not complete.
Voluntary Assumption of Risk
I voluntarily choose to participate and assume all risks and dangers of my participation in the Services, including all risks of injury, physical or financial loss and even death that may result from participating in the Services, even if the risks are created by the carelessness, negligence or gross negligence of any of the Released Parties or any other third-party. I further understand that I am aware of my own capabilities and limitations and am solely responsible for my own actions and inactions and have the autonomy to decide whether I should or should not, continue to participate in the Services.
Representation and Warranty
I represent and warrant that I am aware of the physical demands of the Services and that to the best of my knowledge, I am physically and medically able to participate in the Services. I acknowledge and agree that Trainer reserves the right to refuse my participation participate in any or all of the Services, if Trainer believes my participation would put themselves, any Released Parties or any other participants at risk, in their sole discretion.
Release, Waiver, and Indemnity
I hereby release, indemnify and save harmless the Released Parties from any and all responsibility, liability, claims, actions, suits, costs, loss, expenses and damages arising directly or indirectly from my participation in the Services to the fullest extent permitted, including financial damages or personal injuries, however caused, including negligence. I further indemnify the Released Parties from any costs, damages or expenses, including legal fees, they may incur as a result of defending any claim made by me or on my behalf. This Release and Waiver shall be effective and binding upon my heirs, next of kin, executors, administrators, successors, assigns and representatives as applicable. This clause survives indefinitely.
Limitation of Liability
If for any reason the Released Parties are found liable for damages arising directly or indirectly from this Release and Waiver, liability will be limited to the greatest extent possible in the governing jurisdiction and in no case exceed the amount of any fee I have paid to Trainer.
If any of the provisions of this Release and Waiver are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.
Governing Law and Jurisdiction
This Release and Waiver is governed by and interpreted in accordance with the laws of Ontario and the federal laws of Canada where applicable. Any disputes arising directly or indirectly from this Release and Waiver will be submitted and heard exclusively in the courts of Toronto, Ontario.
Counterparts and Electronic Signing
This Release and Waiver may be signed electronically and/or in counterparts that, when taken together constitutes a fully signed and legally binding agreement.
I CONFIRM I AM AT LEAST 18 YEARS OLD AND THAT BY SIGNING THIS RELEASE AND WAIVER I AM ASSUMING CERTAIN RISKS AND WAIVING CERTAIN LEGAL RIGHTS WHICH I MAY HAVE AGAINST THE RELEASED PARTIES.
Consent for Minors
I CONFIRM I AM THE PARENT OR LEGALLY APPOINTED GUARDIAN OF THE PARTICIPANT NAMED BELOW WHO IS A MINOR. I HAVE THE LEGAL AUTHORITY TO REPRESENT AND BIND THAT PERSON AND CONFIRM I AM AT LEAST 18 YEARS OLD. I AM AWARE THAT BY SIGNING THIS RELEASE AND WAIVER I AM ASSUMING CERTAIN RISKS AND WAIVING CERTAIN LEGAL RIGHTS WHICH I AND/OR PARTICIPANT MAY HAVE AGAINST THE RELEASED PARTIES.