Waiver
To gain admittance to the activity areas of Passion To Fitness Gymnastics, Dance Fitness Club, all parts of this form must be read, understood, and signed. I realize that there are many uneven, bouncy, spring-loaded floor levels and I am entering the facility at my own risk. BY SIGNING THIS DOCUMENT, YOU UNDERSTAND OUR REFUND & CANCELATION POLICIES AND YOU ACKNOWLEDGE THAT UNSUPERVISED USE OF ANY AREA OF FACILITY IS STRICTLY PROHIBITED AND COMPLETELY AT THE RISK OF THE PARTICIPANT, AND THAT THE RULES OF EACH AREA BEING UTILIZED ARE UNDERSTOOD PRIOR TO PARTICIPATION.
Representation of Ability to Participate
I understand the nature of the Activity, and I represent that the participant is qualified, in good health, and in proper physical condition to participate in the Activity. Should I ever believe that any of the above representations have become untrue, or if I should ever believe that the Activity is not safe or is no longer safe for the participant, then it will be my responsibility immediately to discontinue the participation in the activity.
Covenant Not to Sue for Injury or Damages
Notice: This is a legally binding agreement. By signing this agreement, you waive your right to bring a court action to recover compensation or to obtain any other remedy for any injury to yourself or your property or for your death, however caused arising out of use of the facilities of Passion To Fitness Gymnastics, Dance Fitness Club (hereby referred to as the CLUB), now or in the future.
I hereby acknowledge and agree that the sport of gymnastics, dance or fitness and use of the accompanying equipment has INHERENT RISKS. I have full knowledge of the nature and extent of all of the risks inherent in gymnastics, dance and fitness and the use of the facilities of the studio, including but not limited to:
1. All manner of injury resulting from falling off of the gymnastics, dance or fitness equipment, climbing ropes, trampolines, or any Other area of the facility;
2. Cuts and abrasions resulting from skin contact on various surfaces and equipment;
3. Failure of any equipment or part of the equipment
4. Injuries occasioned by the other users of the CLUB;
5. Injuries resulting from landing on the landing surfaces; and
6. Injuries to bones, joints, tendons, or death.
I further acknowledge that the above list is not inclusive of all possible risks associated with the use of the CLUB and that above list in no way limits the extent or reach of this release and covenant not to sue. In consideration of my use of the CLUB, I agree not to claim or to sue for any injury or damages resulting from risks inherent in the gymnastics, dance or fitness and physical activity that I will pursue in the CLUB including but not limited to the risks that have been outlined above.
Release, Indemnification, Liquidation, Damages and Agreement to Arbitrate
In consideration of my use of the CLUB, I the undersigned user, agree to release on behalf of myself, my heirs, representatives, successors, executors, administrators and assigns, and HERBY DO RELEASE Passion To Fitness Gymnastics, Dance Fitness Club, its officers, agents and employees from any cause of action, claims or demands of any nature whatsoever, including but not limited to, a claim of NEGLIGENCE, which I, my heirs, representatives, successors, executors, administrators and assigns may now have, or have in the future against the CLUB on account of personal injury, any way related to my use of the CLUB, whether that use is supervised or unsupervised, however the injury or damage is caused, including but not limited to, the NEGLIGENCE of Passion To Fitness Gymnastics and Dance Fitness Club, its officers, agents or employees.
In consideration of my use of the CLUB, I the undersigned user, agree to INDEMNIFY and HOLD HARMLESS Passion To Fitness Gymnastics and Dance, Fitness Club, its officers, agents and employees from any and all causes of action, claims, demands, losses, or costs of any nature whatsoever arising out of or in any relation to my use of the CLUB.
I hereby certify the following:
That I have full knowledge of the nature and extent of the risks inherent in the use of the CLUB and that I am voluntarily assuming the risks. I understand that I will be solely responsible for any loss or damage, including death, I sustain while using the CLUB and that by this agreement I am relieving Passion To Fitness Gymnastics ,Dance , Fitness Club of any liability for such loss, damage or death.
1. That I am in good health and that I have no physical limitations which would preclude my safe use of the facilities and equipment of the CLUB.
2. That I have sufficient health, accident and liability insurance to cover any bodily injury or property damage I may incur while participating in this event and to cover bodily injury or property damage caused to a third party as a result of my participation in this event. If I have no such insurance, I certify that I am capable personally to pay for any and all such expenses or liabi lity.
3. Should it become necessary for the CLUB to incur attorney’s fees and costs to enforce this agreement, or any portion thereof, I agree to pay all reasonable costs and attorney’s fees thereby expended, or for which liability is incurred.
Notwithstanding all of the foregoing, I agree for myself, my heirs, representatives, successors, executors, assigners, and administrators that in the event that I seek damages or compensation for the negligence of the CLUB or any of its officers, agents or employees, that, as my only remedy, I will submit my claim to legally binding arbitration. I understand that I will be bound by the decision of the court appointed arbitrator. I further understand that the CLUB will be bound by the decision of the court appointed arbitrator. I further understand that, in the event of an arbitration hearing, the CLUB and I will be able to make oral presentations, call witnesses and be represented by legal counsel. I understand that if I am dissatisfied with the result of the arbitration hearing I may not pursue any other remedy against the CLUB, legal or otherwise. I understand that the arbitrator’s decision will be admissible in any subsequent proceeding concerning the dispute. This dispute settlement would take the place of any state or federal legal remedies.
I, the undersigned, recognize the dangers inherent with climbing and jumping activities. I am assuming the hazard of this risk upon myself because I wish to participate. I realize that I am subject to injury from this activity and that no form of pre-planning can remove all of the danger to which I am exposing myself.
By submitting and signing this form, I acknowledge that I am aware that there are risks associated with gymnastics , dance and/or fitness. I understand there are certain risks of bodily injury including death inherent in the practice and play of gymnastics, tumbling, trampoline, fitness, cheerleading, dance as well as, in traveling and other related activities to my child’s participation, and I am willing to assume full responsibility for these risks on behalf of my child, I warrant that the participant named on this information form, is physically fit to participate in gymnastics, dance and/or fitness. I declare that I have accurately disclosed all information regarding physical, mental or medical conditions affecting the named participant and acknowledge that this information may be used for the Clubs use in the delivery of a gymnastic, dance an/or fitness program. I understand that Passion To Fitness has tried to create a safe and controlled environment for participation on and about the gymnastic, dance and/or fitness area that must be followed by the participant. I understand that failure to comply with any of the policies and rules of the Club may result in the suspension or termination of membership. I waive the rights of the participant to damages or other costs in the event injury is caused due to participation in gymnastics or other involvement with the Federation. I hereby give permission for emergency medical treatment to be administered to my daughter/son, as may be determined in the reasonable discretion of the Head Coach or Supervisor. It is understood that whenever reasonably possible, relatives will be contacted and informed of the problem, diagnosis, treatment required and anticipated medical results. I hereby give my full consent and approval for my child to participate in gymnastics, tumbling, trampoline, fitness, cheerleading, and/or dance at Passion To Fitness. I hereby waive,
Pipeda Release / Image Release
On this form, you may be asked to provide information that personally identifies you and/or your child and allows us to contact you. Passion To Fitness may also collect certain information, such as your address, phone and e-mail address, but will be kept confidential within Passion To Fitness and all of its entities. This information will be used only to ensure proper operation and to maintain quality of service When signing this form, gymnasts, volunteers, coaches, judges and, in the case of minors, their parent/ guardian, agree that they have the authority to provide this authorization/approval to Passion To Fitness and its agents, and sanctioned organizing committees. I allow the use of personal information as outlined above, and image on Passion To Fitness, including news release, newsletter, website, poster, brochure, video, sponsorship packages. I allow Passion To Fitness to post pictures or videos of my child “or the participating minor” on their website; www.passiontofitness.ca or any company social media.
Medical Release
If I (parent, guardian) cannot be contacted, I authorize Passion To Fitness Inc. to seek medical services in case of serious injury or illness. I further agree to accept financial responsibility in excess of the benefits allowed by my health plan. I understand that Passion To Fitness and its Directors will not assume responsibility for any lost or stolen property, or for any bodily or personal injury consisting of or arising out of any participant practicing in any physical training, athletic activity or contest.
WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19 ASSUMPTION OF RISK / WAIVER OF LIABILITY / INDEMNIFICATION AGREEMENT In consideration of being allowed to participate on behalf of Passion To Fitness Inc. athletic program and related events and activities, the undersigned acknowledges, appreciates, and agrees that: 1. Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and, 2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and, 3. I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I observe and any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and, 4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Passion To Fitness Inc. their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law. All classes will be help online in case of Covid19 or State of Emergency. I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
This is to certify that I, as parent/guardian, with legal responsibility for this participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protection against communicable diseases. Furthermore, my child/ward understands and accepts these risks and responsibilities. I for myself, my spouse, and child/ward do consent and agree to his/her release provided above for all the Releases and myself, my spouse, and child/ward do release and agree to indemnify and hold harmless the Releases for any and all liabilities incident to my minor child’s/ward’s presence or participation in these activities as provided above, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent provided by law.
