ACTIVITY WAIVER FORM, AGREEMENT NOT TO SUE, 10 DAY TERMS
Date of Contract: {sign_date}
IN CONSIDERATION of being allowed to participate in the Activity and other good and valuable consideration, the receipt of which is hereby acknowledged, I {name} of {address}, Ontario, Canada (the "Participant") agree with Hybrid Training Group Inc of 1529 Highland Ave, Windsor, ON N8X 3R7 and 320 Croft Dr, Tecumseh, ON N8N 2L9, Canada (the "Gym") to the following:
DETAILS OF ACTIVITY
The Participant will be participating in the following activity: Boxing, Jiu Jitsu, MMA, Muay Thai, Kickboxing, Pilates, Yoga, Karate, and other martial arts and fitness services during scheduled hours. (the "Activity") provided by the Activity Provider.
CONSIDERATION
Being of lawful age and in consideration of being permitted to participate in the Activity, the Participant releases and forever discharges the Gym, its owners, directors, officers, employees, agents, assigns, legal representatives, and successors from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims, and demands for or by reason of any injury to person or property, including injury resulting in the death of the Participant, which has been or may be sustained as a consequence of the Participant's participation in the Activity, and not withstanding that such damage, loss, or injury may have been caused solely or partly by the negligence of the Gym.
PAYMENT TERMS
I will notify Hybrid Training Group Inc. in writing of any changes in my credit card information and I can cancel my Pre-Authorized Payment (PAP) Agreement provided I give at least 90 days notice before the next scheduled pre-authorized payment date or finish the agreed term.
A payment may be drawn from my account between one (1) and ten (10) days following the billing date assigned to me by Hybrid Training Group Inc. Every effort will be taken to meet the same date every month, however, due to unforeseen circumstances, this date could change for a given month. The amount of the payment and the details will be identified online via My Account, every month. The amount of the payment may be affected by the following items: (1) any non-recurring charges, including termination charges (if applicable), declined payments from the previous billing month or other similar charges, and (2) credit or debit adjustment related to the service or to billing problems.
I warrant and guarantee that: (1) the credit card information provided above is complete and accurate, and (2) all persons whose signatures are required to authorize withdrawls from the credit card specified above have authorized the payment to be drawn from the specified account pursuant to this authorization. I understand and accept the terms contained in this authorization, and further understand and agree that delivery of this authorization to Hybrid Training Group Inc. constitutes delivery by me to the above-noted institution.
If any of the above details are incorrect or if my credit card information changes, I will contact Hybrid Training Group Inc. via My Account Portal, https://htacademy.ca or in person. Missed payments will be sent to collections after 30 days and will incur an additional charge of $99.
10 CALENDAR DAYS
If the PAP details are correct, I do not need to do anything further and my PAP will be processed and start 10 days after the date of signing this contract. The date of this contract counts as a day. Cancellation during the first 10 days is done online via My Account Portal https://htacademy.ca or in person and waives all fees. By refusing to cancel after the 10 days, you agree to the monthly payment of $149+tax and understand this amount cannot be refunded. Cancellation after the 10 days is to be done in person only.
Concurrent Release
The Participant acknowledges that this Waiver is given with the express intention of effecting the extinguishment of certain obligations owed to the Participant by the Gym, and with the intention of binding the Participant's spouse, heirs, executors, administrators, legal representatives, and assigns.
Fitness To Participate
The Participant acknowledges to the Gym that the Participant does not have any physical limitations, medical ailments, or physical or mental disabilities that would limit or prevent the Participant from participating in the Activity. If required, the Participant will obtain a medical examination and clearance.
Full and Final Settlement
The Participant acknowledges and agrees with the Gym that: (1) the Gym has given the Participant sufficient time to carefully read this Waiver, (2) the Participant has been given the opportunity and has been encouraged to seek independent legal advice prior to signing this Waiver, (3) the Participant fully understands the risks and claims that the Participant is waiving to participate in the Activity, (4) the Participant is freely and voluntarily executing this Waiver, and (5) the Participant is forever prevented from suing or otherwise claiming against the Gym for any property loss or personal injury that the Participant may sustain while participating in or preparing for the Activity
Governing Law
This Waiver will be governed by and construed in accordance with the laws of the Province of Ontario.
RISKS
I acknowledge on behalf of myself and/or my child(ren)/ward that participation in Gym activity involves known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to me and/or my child(ren)/ward, or other people, and/or damage to my property. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the activity.
Participants may fall off equipment, sprain or break wrists, ankles and legs, and can suffer more serious injuries such as brain injury, spinal injury, or even death. Traveling to and from sections raises the possibility of any manner of transportation accidents. Participants often fall on each other or bump into each other resulting in broken bones and other serious injuries. Participation in mixed martial arts and other contact sports is dangerous and can cause serious injury. These activities are being done at your own risk. If you or your child(ren)/ward is injured, and require medical assistance then this is at your own expense.
Furthermore, Gym employees and subcontractors have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's health or abilities. They may give incomplete warnings or instructions, and make other mistakes that might result in injury to you and your child(ren)/ward. The equipment being used might malfunction or be unsafe for any reason.
PERSONAL ITEMS
Gym and the agents and employees shall not be responsible for damaged, lost, or stolen articles, inside or outside the facility.
RULES
By using this facility, you are assuming a risk of serious injury or death. WARNING!!! Catastrophic injury, paralysis or even death may result from failing to follow the rules below and due to inherent risks, sometimes even if all rules are followed.
Liability Waiver: **A waiver is REQUIRED for all participants (NO EXCEPTIONS). Those under the age of 18 must have the agreement completed and signed by their parents or legal guardian. By entering, participating, using the equipment and property at all Gym facilities, all guests of Gym are bound by the liability waiver.
No Drugs. No Bullying. No Foul Language. Refunds will not be given in these scenarios and an early exit fee of $99 will be charged along with immediate payment of the remainder of the program term.
I ACKNOWLEDGE THAT I HAVE READ THESE RULES AND ALSO CERTIFY THAT I HAVE EXPLAINED THE RULES TO MY CHILD(REN)/WARD LISTED IN THIS CONTRACT. I UNDERSTAND RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of Gym, ITS DIRECTORS, OFFICERS, AGENTS, ITS EMPLOYEES, VOLUNTEERS OR OTHERS agreeing to participation at and permitting use of the equipment, parking and other facilities, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I or anyone claiming on my behalf have or may in the future have against Gym, ITS DIRECTORS, OFFICERS, AGENTS, ITS EMPLOYEES, VOLUNTEERS, OR OTHER PARTICIPANTS and to Gym, ITS DIRECTORS, OFFICERS, AGENTS ITS EMPLOYEES, VOLUNTEERS, OR OTHER PARTICIPANTS 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 participation in activities at Gym, due to any cause whatsoever, including any duty of care owed under the Occupiers Liability Act, R.S.O.1990 C.O.2, on the part of Gym, ITS DIRECTORS, OFFICERS, AGENTS , ITS EMPLOYEES, VOLUNTEERS, OR OTHER PARTICIPANTS, and further including the failure on the part of Gym, ITS DIRECTORS, OFFICERS, AGENTS, ITS EMPLOYEES, VOLUNTEERS, OR OTHER PARTICIPANTS to take reasonable steps to safeguard or protect me from the risks, dangers and hazards of participating in the activities referred to above;
2. TO HOLD HARMLESS AND INDEMNIFY Gym, ITS DIRECTORS, OFFICERS, AGENTS , ITS EMPLOYEES, VOLUNTEERS, OR OTHER PARTICIPANTS from any and all liability for any property damage or personal injury to any person resulting from participation in these activities;
3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
4. I further grant Gym, the right without reservation or limitation, to photograph, videotape, and/or record me and/or my child(ren)/ward and to use my or my child(ren)/ward's name, face likeness, voice and appearance in connection with promotional materials. I have the right to request a photo to be removed, and will notify staff and photographers during events to not photograph myself and/or my child(ren)/ward and will do my best to remove myself and/or child(ren) /ward from the cameras.
In entering into this Release Agreement I am not relying on any oral or written representation or statements made by the Hybrid Training Group Inc., ITS DIRECTORS, OFFICERS, AGENTS, ITS EMPLOYEES, VOLUNTEERS, OR OTHER PARTICIPANTS with respect to the safety of participating in activities other than what is set forth in the Agreement.
By continuing, I agree to receive emails and texts from Gym about its services, promotions, offers, and updates.
Emergency Contact
{contact_name} - {contact_phone}
I AM ASSUMING ON BEHALF OF MYSELF AND/OR MY CHILD(REN)/WARD, ALL RISK OF PERSONAL INJURY, DEATH, OR DISABILITY OR PROPERTY DAMAGE OR LOSS TO MYSELF AND/OR MY CHILD(REN)/WARD, OR ANY OTHER PERSON THAT MAY RESULT FROM PARTICIPATION IN THESE ACTIVITIES, HOWEVER CAUSED, INCLUDING INJURY, LOSS, OR DAMAGE ARISING FROM NEGLIGENCE OR FAULT ON THE PART OF Gym, ITS DIRECTORS, OFFICERS, AGENTS, ITS EMPLOYEES, VOLUNTEERS, OR OTHER PARTICIPANTS.
BY COMPLETING THIS CONTRACT YOU WILL GIVE UP ALL LEGAL RIGHTS INCLUDING THE RIGHT OF YOU AND YOUR CHILD(REN)/WARD TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT HOWEVER CAUSED.
The Participant understands that the Participant would not be permitted to participate in the Activity unless the Participant signed this Waiver.
PLEASE INITIAL IF YOU ACCEPT
, I HAVE READ THIS AND AGREE TO ASSUME ON BEHALF OF MYSELF OR MY CHILD(REN)/WARD ALL RISKS AND AGREE TO GIVE UP THE RIGHT TO SUE OR CLAIM COMPENSATION ON BEHALF OF MYSELF OR MY CHILD(REN)/WARD
, I HAVE READ THE RELEASE AGREEMENT AND I AGREE THAT I OR MY CHILD(REN)/WARD TO BE BOUND BY ITS TERMS.
Hybrid Training Group