Assumption of risks and release of liability, waiver of claims and indemnity agreement. By signing this document you will waive certain legal rights, including the right to sue. PLEASE READ CAREFULLY
To: Canadian Fitness Professionals Inc. o/a canfitpro, and its Shareholders, Directors, Officers, Employees, Sponsors, Representatives, Independent Contractors, Agents, Members, Volunteers, Affiliated and Associated Legal Entities, Successors and Assigns (herein called the “Organizers”).
In regard to my preparation for and participation in the canfitpro Conference (herein called the “Conference”), including but not limited to the fitness activities and exercise held at the Conference, I am aware that:
a) fitness activities and exercise and the participation in the Conference exposes participants to many risks and hazards, some of which are inherent in the very nature of the training required, the Conference and fitness activities and exercise itself; others which result from human error and negligence on the part of the persons involved in preparing, organizing and staging fitness activities and exercise;
b) as a result of the aforesaid risks and hazards, I as a participant may suffer serious personal injury (even death) and/or property loss;
c) some of the aforesaid risks and hazards are foreseeable, but others are not; I nevertheless freely and voluntarily assume all the aforesaid risks and hazards, and the possibility of personal injury, death, property damage or loss, resulting therefrom and that, accordingly, my preparation for and participation in the aforesaid fitness activities and exercise and Conference shall be entirely at my own risk. I understand that the Organizers do not assume any responsibility whatsoever for my safety during the course of my preparation for or participation in the aforesaid fitness activities, exercise or Conference.
Release of Liability, Waiver of Claims And Indemnity Agreement
I hereby acknowledge and agree, in consideration of being permitted to participate in the Conference, as follows:
1. TO WAIVE ANY AND ALL CLAIMS, known or unknown, that I may have or may in the future have against the Organizers.
2. TO RELEASE THE ORGANIZERS from any and all liability for any and all personal injuries, loss, damage, expense or injury including death that I may suffer or that my next of kin may suffer resulting from or arising out of my preparation for and/or participation in the Conference DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF THE ORGANIZERS, AND ALSO INCLUDING THE FAILURE ON THE PART OF THE ORGANIZERS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF FITNESS ACTIVITIES AND EXERCISE REFERRED TO ABOVE.
3. TO BE LIABLE AND TO HOLD HARMLESS AND INDEMNIFY THE ORGANIZERS from any and all liability for any damage to property of, or personal injury to, any third party, resulting from or arising out of my preparation for and participation in the Conference.
4. The Organizers may videotape, audiotape and/or photograph me and retain the rights to use these items and may employ any or all of these for all commercial and non-commercial purposes without payment of any kind to me and without further notice to me or permission from me.
5. Each section, part, term and/or provision of this Agreement will be considered severable and fully-enforceable. In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, but this Agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein.
6. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, and personal legal representatives in the event of my death or incapacity.
7. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of Ontario, Canada. Any litigation involving the parties to this Agreement shall be brought solely within Ontario, Canada and shall be within the exclusive jurisdiction of the Courts of Ontario, Canada.
In entering into this Agreement I am not relying upon any oral or written representations or statements made by the Organizers with respect to the safety of fitness activities and exercise and the preparation for and the participation in the Conference, other than what is set forth in this Agreement.