EVOLVE STRENGTH LTD. RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
ATTENTION: By signing this document you waive or give up certain legal rights, including the right to sue or claim compensation.
READ CAREFULLY BEFORE SIGNING
EVOLVE STRENGTH and any other business carrying on business as EVOLVE or EVOLVE STRENGTH (the Operators); Her Majesty the Queen in right of the Province of Alberta and all its directors, officers, employees, agents, guides, volunteers, affiliates, independent contractors, subcontractors, manufacturers, franchises operating under the Evolve Strength brand, businesses operating under the Evolve Strength brand, and representatives; (all of whom to be herein referred to as “the RELEASEES”).
In this agreement, the term “EVOLVE activities” shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by THE OPERATORS and shall include, but is not limited to: use or operation of a EVOLVE, EVOLVE STRENGTH instructional courses, training, seminars and session; and all such other activities, events and services provided by THE OPERATORS.
The physical exertion required of activities and the forces exerted on the body performed at EVOLVE can activate or aggravate pre-existing physical injuries or conditions. I have been advised to obtain medical advice if I know or suspect that my physical condition may be incompatible with utilizing the facilities under EVOLVE.
ASSUMPTION OF RISKS:
I am aware that being at EVOLVE may expose me to many risks, hazards and dangers (both known and unknown). Risks, dangers and hazards include, but not limited to: mechanical failure of equipment, proper and improper use of equipment causing injury, improper instruction, slips, falls, or collisions into other members or equipment. NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF BEING PRESENT IN THE FACILITY.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH RESISTANCE AND CARDIOVASCULAR ACTIVITIES, TREATMENT AND ALL OTHER SERVICES PROVIDED AT EVOLVE AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE RESPONSIBILITY OF ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of THE RELEASEES allowing me participate in any activity at EVOLVE and permitting my use of other equipment for associated activities, and for the other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE RELEASEES and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer or that my next of kin may suffer as a result of my participation at EVOLVE DUE TO ANY CAUSE WHATSOEVER, INCLUDING ANY NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE ON THE PART OF THE RELEASEES AND INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF ACTIVITIES REFERRED TO ABOVE.
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my use of the EVOLVE facility, rental of the EVOLVE facility and associated activities;
3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and representatives in the event of my death or incapacity;
4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Alberta and no other jurisdiction; and
5. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of Alberta and shall be within the exclusive jurisdiction of the Courts of the Province of Alberta.
6. As a responsible pet owner, I agree to accept full responsibility for any and all damages and/or unusual degree of soiling caused by my pet during my participation at Evolve. Evolve accepts no responsibility for a pet or pet owner’s actions during their participation at Evolve . I understand that the costs for the repair of any damages or additional cleaning requirements (including labor) will be charged accordingly to myself.
In entering into this Release Agreement I am not relying on any oral, written or visual representations or statements made by THE RELEASEES with respect to the safety of any operation or use of the facility at EVOLVE, other than what is set forth in this agreement.
I agree and comply with all the terms and conditions of the rental contract and registration form. I confirm that I have read and fully understand the contents of this agreement prior to signing it. I am signing it freely and voluntarily and I agree that I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators, personal representatives and assignees may have against the releases.