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 attorneyÃ¢â‚¬â„¢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. OFFCÃ¢â‚¬â„¢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.
By signing this Document, I consent to and declare that:
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-10; 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:
1. 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;
2. 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;
3. 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 14 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)
4. 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;
5. 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);
6. 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.
7. 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 DEPENDENTÃ¢â‚¬â„¢S HEIRS, EXECUTORS, ADMINISTRATORS, AND NEXT OF KIN), INCLUDING THE GIVING UP OF MY RIGHT TO SUE.