ACKNOWLEDGEMENT OF RISK AND RELEASE OF LIABILITY
1. The following waiver of all claims, release from all liability, assumption of all risks and other terms of this agreement (hereinafter the “Waiver”) are entered into by me, on behalf of myself, my heirs, next of kin, executors, administrators, representatives and assigns (the “Member”) with and for the benefit of FIIT Squad, its employees, volunteers, coaches, representatives and assigns (hereinafter “FS”).
2. The Participant is aware that there are inherent and significant risks associated with participation in FS’s activities, programs and services (hereinafter “Activities”). These include, but are not limited to all aspects of physical training, fitness, athletic development, instruction of any sort.
3. The Participant is aware that risks of participation include but are not limited to the potential for serious personal injury, including death, caused by any event, or any condition or improper application of online content, and the negligence of participants and instructor. Risks is also inherent in the participant’s own state of fitness and health and to the awareness, care and skill with which the participant conducts himself/herself while participating in the Activities.
4. By proceeding to purchase, the participant certifies to the Released Parties that
• He/she/they have read an understood the attached FIIT Squad Intake & Par Q form and have answered no to all the questions (Par-Q Form)
• He/she/they has been advised to consult a physician prior to commencement of the Program to ensure his/her state of wellness to participate in such strenuous activities
• He/she/they is in good health to participate in, and knows of no medical problem that would increase his or her risk of illness and injury as a result of participating in, the Program
• he/she/they is responsible for assessing whether any physical activities exceed his/her physical capabilities.
5. The Participant acknowledges that although FS has taken steps to reduce the risks and increase the safety of their Activities, it is not possible for FS to make the Activities completely safe. The Participant accepts these risks and agrees to the terms of this Waiver even if FS is found to be negligent or in breach of any duty of care, or any obligation to the Participant in his/her participation of FS’s Activities.
6. The Participant hereby releases and forever discharges FS from all liability for any personal injury, death, property damage or loss resulting from his/her participation in Activities due to any cause, including but not limited to negligence, breach of any duty imposed by law, breach of contract or mistake or error of judgment of FS.
7. The Participant agrees to be liable for and to hold harmless and indemnify FS from all actions, proceedings, claims, damages, costs, demands, including court costs and costs on a solicitor client basis, and liability of whatsoever nature or kind arising out of or in any way connected with the Member’s participation in Activities.
8. The Participant agrees that the laws of the Province of Ontario, Canada govern this Waiver and all terms contained within. If any portion of this agreement is held invalid, the Member agrees that the remainder of the agreement shall remain in full legal force and effect.
9. The Participant confirms that the opportunity to read this Waiver in its entirety, from paragraphs 1 through 9 , and that by proceeding to purchase, valuable legal rights are being waived. The Member has agreed to the terms of this Waiver freely and voluntarily.
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