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 gym;
• That my use of gym equipment or participation in activities in the gym 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 gym 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 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’s 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 gym), 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 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’S 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 enure 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.
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 DEPENDENT’S HEIRS, EXECUTORS, ADMINISTRATORS, AND NEXT OF KIN), INCLUDING THE GIVING UP OF MY RIGHT TO SUE.