WAIVER OF LIABILITY
Please carefully read the following Waiver of Liability terms and conditions.
ONE FAMILY FITNESS CENTRE WAIVER & INDEMNITY I wish to use the gym facilities and gym equipment of One Family Fitness Centre (“OFFC).
In consideration for OFFC allowing my use of the gym facilities and equipment, I acknowledge and agree that:
OFFC does not assume any responsibility for injury or accident that may occur in the gym or as a result of activities conducted in the FACILITY(OFFC) or it's premises; That my use of gym equipment or participation in activities in the FACILITY(OFFC) may expose me to inherent risks, including accidents, injury, illness or even death. My use of the gym and of the gym equipment is entirely at my own risk. OFFC does not warrant that all equipment is safe and free of defects at all times; It is my sole responsibility to ascertain the need for medical advice prior to beginning physical activity in the gym;
OFFC is not responsible for the loss, damage or theft of personal property at the facility or otherwise;
I hereby indemnify and save harmless OFFC of and from all liabilities, obligations, damages, penalties, claims, costs (including reasonable professional fees), fines, suits, demands, and actions and causes of action which may be imposed upon or incurred by or asserted against OFFC by reason of my use (or, if I am signing this Waiver & Indemnity on behalf of a child or dependent, their use) of the gym or gym equipment; I do hereby release and discharge OFFC and its directors, officers, shareholders and employees and contractors from all claims, actions, causes of action, suits, debts, agreements, promises, damages, judgments, claims and demands whatsoever, in law or equity (including all claims for attorney fees), which it has ever had, now has, or hereafter can, shall or may have (including claims arising from negligence of OFFC or other users of the FACILITY), which relate to or arise out directly or indirectly of the use of the gym and/or the gym equipment;
OFFC WILL NOT BE LIABLE, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO MY USE OF THE GYM/FACILITY OR GYM EQUIPMENT FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OR PROFITS. OFFC AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT OF FEES EARNED BY OFFC IN DIRECT CONNECTION WITH YOUR USE OF THE GYM DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY; and
The terms of this Waiver & Indemnity shall survive indefinitely and shall not be terminated by virtue of my ceasing to use the gym or cancellation of my membership. The terms hereof shall endure to the benefit of and be binding upon the heirs, executors, legal administrators, successors and permitted assigns of OFFC and myself and any guardians that execute this Waiver & Indemnity.
In addition to the above, by signing this agreement, I consent to and declare the following:
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/ COVID-19
The Novel Coronavirus (COVID-19) has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact and COVID-19 virus droplet inhalation. As a result, Federal, Provincial, and local governments and Federal and Provincial Health Agencies have placed restrictions on the congregation of large groups of people unless physical distancing measures can be effectively maintained. One Family Fitness Centre (“OFFC”) has initiated policies and procedures for both staff and members to observe and obey, as specifically mandated by Public Health Authorities and the Government of Manitoba, as preventative measures to reduce the spread of COVID-19; however, OFFC cannot guarantee that infection with COVID-19 may not occur within its premises, despite the safety procedures implemented at its Clubs.
By signing this Document, I consent to and declare that:
I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending OFFC and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infecting for COVID-19 at OFFC may result from the actions, omissions, or negligence of myself and others, including, but not limited to, OFFC Employees, Independent Contractors, Members and Guests; I am not experiencing any symptoms related to COVID-19 infection, I am in good health and I am able to attend OFFC and participate in activities and services OFFC offers;
Should I develop any symptoms related to COVID-19 or become infected with the virus, I agree to notify OFFC and immediately stop attending OFFC for a minimum of 10 days, beginning from the date of the onset of initial symptoms and/ or date of confirmed infection. Prior to returning to OFFC and use of its facilities and programs, I agree to provide sufficient evidence that I have been medically cleared of COVID-19 infection (admittance into OFFC will be at the sole discretion of OFFC Management)
I have familiarized myself with and I agree to comply with all COVID-19 rules and regulations imposed by OFFC regarding the use of the facilities, equipment and cleaning protocols, including maintaining physical distancing of a minimum of six (6) feet at all times while in OFFC, and providing proof of immunization either prior to signup or if required for verification; I understand that if I do not obey the rules and regulations that are posted in OFFC’s fitness facilities, my membership with OFFC may be suspended or rescinded as a result of the infraction of OFFC rules and/ or regulations (member suspension or revocation will be at the sole discretion of OFFC Management);
In consideration of my use of the exercise equipment, programs and facilities provided by OFFC, I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, successors and assigns, that OFFC and its insurers, employees, officers, directors, and associates, shall not be liable for any damages arising from personal injuries (including death) sustained by me, or my guest in, on, or about the premises, or as a result of the use of equipment, programs or facilities, regardless of whether such injuries result, in whole or in part, from the negligence of the company.
I voluntarily accept all of the foregoing risks and assume full and sole responsibility for any and all injuries or illness to myself (including, but not limited to, personal injury, illness, disability, and death), damages (both economic and non-economic), claim, liability expense, or losses of any kind, that I may experience or incur, in connection with my attendance at OFFC or participation in OFFC programming, or services (“Claims”). On my behalf, I hereby fully and forever release covenant not to sue, discharge and hold harmless OFFC, the company its insurers, employees, agents, officers, directors, associates, and representatives, of and from any and all liabilities, claims, actions, including demands, damages, costs or expenses of any kind related thereto, rights of action, or cause of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of OFFC. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of OFFC, it’s employees, agents, and representatives, whether a COVID-19 infection occurs before, during or after attending OFFC, use of OFFC equipment or participation in any OFFC programs or services
I HAVE READ AND UNDERSTOOD THIS WAIVER & INDEMNITY. I AM AWARE THAT BY SIGNING THIS AGREEMENT, I AM WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF, ON BEHALF OF ANY PERSON FOR WHICH I SIGN AS GUARDIAN, AND ON BEHALF OF MY AND MY DEPENDENTS, HEIRS, EXECUTORS, ADMINISTRATORS, AND NEXT OF KIN), INCLUDING THE GIVING UP OF MY RIGHT TO SUE.
30 Day Cancellation Policy – Terms and Conditions
The member may request to terminate their agreement at anytime by requesting the cancellation waiver via email at firstname.lastname@example.org Membership will be terminated effective 30 days from receipt of completed Cancellation Form and member accepts any payment per signed “agreement” that may be debited within the next 30 days. Verbal/written requests must be accompanied by the cancellation form to be processed. Should member cancel within the first 90 days of membership, member consents to the early cancellation charges ($50.00+gst) in addition to any recurring charges. Key cards/FOBs must be returned to the facility before the last day of membership. A $20 fee will be debited for each card not returned. During Covid19 key cards/FOBs can be dropped off at front desk, swipe in and leave card on desk.
Refund of Fees
Under no circumstance will fees be refunded once debited for memberships or personal training. For product, proof of purchase must accompany products in their original packaging. No refunds on any food/supplements or nutritional products whether open or not.
Personal Training Contract/Agreement
Remember, exercise and healthy eating are EQUALLY important! During your exercise program, every effort will be made to assure your safety. However, as with any exercise program, there are risks, including increased heart stress and the chance of musculoskeletal injuries. In volunteering for this program, you agree to assume responsibility for these risks and waive any possibility for personal damage. You also agree that, to your knowledge, you have no limiting physical conditions or disability that would preclude an exercise program.
By hiring a OFFC coach/trainer/instructor or one of our contractors, you accept full responsibility for your own health and well-being AND you acknowledge an understanding that no responsibility is assumed by the leaders of the program.
Personal Training Terms and Conditions
Personal training sessions that are not rescheduled or canceled 24 hours in advance will result in forfeiture of the session and an additional charge of up to 50 dollars per session missed. Clients arriving late will receive the remaining scheduled session time, unless other arrangements have been previously made with the trainer. The expiration policy requires completion of all personal training sessions within each month. Personal training sessions are void after this time period. Training sessions are never carried forward. No personal training refunds will be issued for any reason, including but not limited to relocation, illness, and unused sessions.
Code of Conduct
OFFC - Code of Conduct
Access to OFFC Facility There is a minimum age requirement of 16 years to become a OFFC member or 8 years with direct supervision of an adult.
DRESS CODE AND PERSONAL HYGIENE
Dress code–Performing a physical activity in the OFFC facilities requires appropriate clothing and shoes. Short-sleeved t-shirts, shorts, sweat suits and running shoes are allowed. No one may walk around OFFC in sock feet, barefoot or shirtless. Tank tops, crop tops and sports bras are allowed. Equipment must be properly sanitized when skin comes into contact with any pads. Shoes must be worn for resistance training and cardio training.
I acknowledge that indoor shoes are mandatory to use the facility, outdoor shoes are not permitted. Shoes must be clean and safe to enter the facility. Any mess left by members disregarding this rule that is cleaned up by staff or contracted out as well as any repairs or damage to facility or equipment by ignoring this rules will be billed in full to the member’s billing method on file. Multiple infractions will result in a $150 termination of agreement fee and immediate and permanent suspension of membership(s).
CODE OF CONDUCT
RESPECT AND THE CODE OF CONDUCT Members must behave and speak respectfully to other members and to staff. They must refrain from speaking loudly to avoid disturbing another member's workout. Facility policies and procedures are to be followed at all times.
INFRACTIONS Violation of the code of conduct may lead to verbal warnings from staff, and a written warning if the situation requires.
VERBAL WARNING Staff members have the right to remind you of a regulation (if it becomes necessary) to inform you of the standards in place at OFFC. They will ask for your cooperation in maintaining them.
MEMBER EXPULSION If the OFFC administration, through a staff member, sees that, despite the verbal warning, a member continues to violate a rule, or in cases of abuse or a serious offence, the member will be temporarily or permanently expelled from OFFC and have their membership contract terminated with access revoked immediately and a cancellation fee of $50.
VIOLENCE PREVENTION It is the policy of the OFFC fitness facility that it’s employees and members have the right to work and enjoy the facilities in an environment free of violence. Violence is the intentional use of physical force or power, threatened or actual, against oneself, another person, or against a group or community, which either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment, or deprivation. Acts of violence are not tolerated at OFFC. Acts of violence may be: Verbal Physical Sexual Psychological If you have questions or complaints relating to acts of violence at OFFC, please contact facility staff or management. OFFC is a secure, locked 24-7 facility and as such, never let anyone in the facility. You may call management if someone is seeking entry. There is an AED on site and a panic button/silent alarm located under the AED. Should an emergency occur, call 911 and press the panic button, should it be safe to do so, exit the facility. If the emergency is outdoors, stay calm and wait for police/first responders to arrive.
Full terms and conditions are available on the website https://www.onefamilyfitness.com/terms-and-conditions A routinely updated FAQ is available here https://www.onefamilyfitness.com/faq