THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS. READ IT CAREFULLY!
Participants must be over the age of majority, or must have a parent or guardian sign if under 18 years. Every participant must read and understand this Acknowledgement, Waiver and Release of Liability (the “Waiver”) prior to participating in yoga, Pilates, fitness activities, Physiotherapy and exercise (hereinafter referred to as the “Activities”).
You, the member, hereby acknowledge and agree that there are inherent risks associated with participation in the activities. You agree that you are voluntarily participating in the aforementioned activities at 1977743 ONTARIO INC., operated as Lost’ n Found Yoga and hereinafter referred to as (“LNF”), located at 400 Scott St. Unit E3-4, St. Catharines, Ontario (the “Property”), and hereby assume all responsibility for all risks, and all possibilities of personal injury, death, property damage or loss to yourself or any other person as a result of your participation in the activities. You and your heirs, next of kin, administrators and assigns agree:
1. that LNF, its directors, employees, agents, volunteers, and independent contractors (collectively referred to as the “Releasees”) are not liable or responsible for any damage to, loss, or theft of your property while in, on, or about the Property;
2. To release and forever discharge LNF and Releasees from all liability for any personal injury, death, property damage or loss resulting from your participation in the activities due to any cause, including, but not limited to negligence, breach of any duty imposed by law, breach of contract or mistake in error of judgment by LNF and Releasees; and
3. You further understand and acknowledge that novel coronavirus COVID-19 (SARS-CoV-2), hereinafter (“COVID”) infections have been confirmed throughout Canada, including in the Province where Property is located. You acknowledge that the Public Health Agency of Canada and Infection Prevention and Control Canada has advised that COVID is transmitted mainly from person-to-person, and may be spread by people who are not showing symptoms. You are aware of the contagious nature of bacterial and viral diseases and you understand that there is an inherent risk of exposure to these diseases by being on the Property or participating in the activities at LNF. You acknowledge that such exposure can result in serious illness, personal injury, disability, death, or property damage.
4. You certify that you will follow current local and provincial Public Health guidelines and requirements, including not entering the Property if you are not able to pass screening measures in place at a given time.
5.You agree to inform LNF and/or Releasees of any and all conditions, medical or otherwise, that may affect your ability to participate in the activities.
6. You agree to at all times utilize the Property and its equipment in a proper manner to minimize the inherent risk associated with the activities, and acknowledge to immediately inform LNF and Releasees upon feeling any pain, discomfort, fatigue, or other symptoms suffered by you during or immediately following participation in the activities.
7. You agree to comply with all rules imposed by LNF regarding the use of the Property. You agree to conduct yourself in a controlled and reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose; and
8. if any Releasees observes symptoms of distress or abnormal response from your involvement in the activities; or the use of any equipment in a manner inconsistent with its intended design and purpose; understand that you may be requested to stop participation in the activities and/or asked to vacate the Property.
9. You expressly agree to indemnify and hold LNF and Releasees harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me resulting from or arising out of the use of the Property.
10. If any provision of this Waiver shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Waiver is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
11. The failure of LNF to enforce any provision of this Waiver shall not be construed as a waiver or limitation of LNF’s right to subsequently enforce and compel strict compliance with every provision of this Waiver.
12. This Waiver shall be governed and construed in accordance with the laws of the province where the Property is located, without giving effect to any conflicts of laws provisions.
Please consult your physician prior to starting an exercise or fitness program.
BY AGREEING BELOW, YOU ACKNOWLEDGE HAVING READ AND UNDERSTOOD THE WAIVER AND THAT YOU ARE SATISFIED WITH THE TERMS AND CONDITIONS CONTAINED HEREIN.