RELEASE OF LIABILITY, WAIVER OF CLAIMS AND ASSUMPTION OF RISKS AGREEMENT (“Agreement”)

PLEASE READ THIS AGREEMENT CAREFULLY.  BY SIGNING THIS AGREEMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT.

Definitions: 

In this Agreement:

  1. “Releasees” shall include Oliver Giving (doing business as “Tone Movement”) and his employees, agents, independent contractors, suppliers, successors, heirs, next of kin, executors, administrators, assigns and representatives; and
  2. “Wellness Activities” shall include all online or in person activities, classes, instruction and services provided, arranged, organized, conducted, or authorized directly or indirectly by or on behalf of any one or more of the Releasees and shall further include, but not be limited to: online or in person pilates group classes or individual sessions, use of any equipment provided by one or more of the Releasees or used while participating in Wellness Activities (“Equipment”) and any other activities, classes, instruction and services in any way connected therewith. 

Assumption of Risks: I am aware that participating in Wellness Activities involves risks, dangers and hazards that include, but are not limited to: damage to personal property; mechanical failure of any Equipment; improperly adjusted or maintained Equipment; negligent design or manufacture of Equipment; health risks including but not limited to overexertion, dehydration, fatigue, heart attack, stroke, strains/sprains, broken bones, shin splints, joint injuries; and negligence and gross negligence on the part of the Releasees, including failure on the part of the releasees to take reasonable steps to protect or safeguard me from the risks, dangers, and hazards (a) of participating in the Wellness Activities referred to above, and (b) associated with the use of, or failure to maintain, the Equipment. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM. BEFORE PARTICIPATING IN ANY WELLNESS ACTIVITIES, I AGREE TO CONSULT A MEDICAL PROFESSIONAL, AND I AGREE AND ACKNOWLEDGE THAT ANY INFORMATION PROVIDED BY THE RELEASEES IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS PROFESSIONAL MEDICAL ADVICE.

Release of Liability, Waiver of Claims and Indemnity: In consideration of the Releasees agreeing to my participation in Wellness Activities and permitting my use of their services, Equipment and facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:

  1. 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 Wellness Activities or use of the Equipment DUE TO ANY CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION NEGLIGENCE AND GROSS NEGLIGENCE, BREACH OF CONTRACT, OR 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 FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE WELLNESS ACTIVITIES REFERRED TO ABOVE;
  2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in the Wellness Activities and use of the Equipment and for all costs incurred by the Releasees in relation to the enforcement of the Agreement;
  3. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, successors, assigns and representatives in the event of my death or incapacity; and
  4. 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, Canada, and any action, litigation or proceeding arising out of or relating to this Agreement shall be instituted in the courts of the Province of British Columbia, Canada, and each party to this Agreement irrevocably submits to the exclusive jurisdiction of such courts in any such action, litigation or proceeding, and agrees that a final judgment in any such action, litigation or proceeding is conclusive and may be enforced in other jurisdictions by action on the judgment or in any other manner provided by law.

By selecting “I agree”, I am entering into this Agreement and I confirm that I am 19 years of age or older and I am not relying on any oral or written representations or statements made by any of the Releasees with respect to the safety of participating in the Wellness Activities. I confirm that I have read and understood the Agreement and that I have had reasonable opportunity to obtain independent legal advice prior to signing it. I am aware that by signing this Agreement I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators, assigns and representatives may have against the Releasees.