YOUNG FITNESS STRENGTH AND CONDITIONING INC.
Customer Waiver, Release of Liability, Indemnity and Assumption of Risk Agreement
In consideration of being permitted by YOUNG FITNESS STRENGTH AND CONDITIONING INC (Young Fitness) to participate in its activities, programs, services and use of equipment and facilities, now and in the future, I hereby agree to release, indemnify and forever discharge Young Fitness, its agents, owners, contractors, members, shareholders, officers, directors, managers, partners, employees, volunteers, manufacturers, participants, lessors, affiliates, related and affiliated entities, successors and assigns (the “RELEASED PARTIES”), on behalf of myself, my spouse, my child(ren), my parent(s), my heir(s), assign(s), personal representative(s) and estate as follows:
I acknowledge that my participation in the activities and services provided by Young Fitness entail known and unknown risks associated with strength training, volleyball activities and other fitness-related activities. Young Fitness employees and contractors strive for the highest standards of safety, but they are not infallible. They might underestimate or be unaware of a participant’s health concerns, fitness level or ability. They may give incomplete warnings and/or instructions and/or the equipment being used may malfunction, come loose, or come out of adjustment.
I expressly agree and promise to voluntarily accept and assume all of the risks existing in the activities and services provided by Young Fitness. My participation in these activities is purely voluntary, and I elect to participate in spite of all known, and unknown risks.
I hereby voluntarily release, forever discharge, and agree to defend, indemnify and hold harmless RELEASED PARTIES from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity, service or my use of Young Fitness’ equipment or facilities, including any such claims which allege negligent acts or omissions of RELEASED PARTIES.
Should Young Fitness or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. This means that I will pay all of those attorney’s fees and costs myself.
I certify that I have adequate insurance to cover any injury or damage that I may cause or suffer while participating in the activities and services presented by Young Fitness, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition that I may have, pre-existing or otherwise.
In the event that I file a lawsuit against Young Fitness for any reason, I agree to do so solely in the Province of Alberta and I further agree that the substantive law of Alberta shall apply in that action without regard to the conflict of the law rules of that Province. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
I agree as an adult participant, or the Parent/Legal Guardian of a minor participant, in consideration of being permitted to participate in Young Fitness services and activities, grant Young Fitness, and all RELEASED PARTIES, the irrevocable right and permission to photograph and/or video record me or my child(ren)/ward(s) in connection with Young Fitness to use the photograph and/or video recording for all purposes, including advertising and promotional purposes, in any manner in any and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted to this release are without compensation of any kind. All photographs and/or recordings are the exclusive property of Young Fitness.
If the participant is a minor, I agree that this Waiver, Release of Liability, Indemnity and Assumption of Risk Agreement (this “RELEASE”) is made on behalf of that minor participant and that all of the releases, waivers and promises herein are binding on that minor participant. I represent that I have full authority as Parent or Legal Guardian of the minor participant to bind the minor participant to this Release.
I confirm that I have not consumed any alcohol, drugs, or participated in any other activity which might impair my ability to safely participate in the activity or service prior to or during the course of my partaking in any of the activities or services provided by Young Fitness.
I confirm that I have had sufficient time to read and understand this Release in its entirety. I understand that this Release represents the entire agreement between myself and Young Fitness (and the RELEASED PARTIES), and is binding on myself and anyone claiming through or under me. I on my own behalf am executing this Release freely and voluntarily without any compulsion on the part of Young Fitness or any of the RELEASED PARTIES.
In consideration of not being required to sign a new copy of this RELEASE before each visit, I further agree that this RELEASE shall apply to all future visits and participations by me and by the minor participant until he/she is 18 years old in full, including all provisions of this Agreement.
By signing this document, I acknowledge that if anyone is hurt or property damaged during my participation in any of the Young Fitness activities or services, I may be found by a court of law to have waived my or the minor participant’s right to maintain a lawsuit against Young Fitness or any RELEASED PARTIES on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood this document, and I agree to be bound by its terms.