Release and Acknowledgement of Risk by Gym User
In consideration of the services provided by 2494016 Ontario Ltd. (carrying on business and operating as "Titan Martial Arts Club") its agents, owners, contractors, vendors, suppliers, officers, employees, and all other persons acting in any capacity on its behalf (hereinafter collectively referred to as "Titan MAC and Affiliates"), I hereby agree to release, indemnify, hold harmless and discharge Titan MAC and Affiliates, on behalf of myself, my heirs, assigns, personal representatives and estate as follows:
I acknowledge that my participation in fitness classes and associated activities, including but not limited to the use of equipment or facilities (hereinafter referred to as the "Activity"), entails certain risks which could result in physical or emotional injury, paralysis, disabilities, heart or back conditions, death, or other permanent and non-permanent damage. I further acknowledge that other persons participating or engaging in the Activity may cause me injury or harm or damage my property and that I may cause injury to another person or damage their property. I acknowledge that the conditions under which the Activity is conducted may change without notice, including but not limited to, changes in staff, location, equipment and format. I acknowledge that there may not be adequate facilities for treatment or transportation if I am injured during my participation in the Activity.
I expressly agree and promise to accept and assume all risks and liabilities associated with the Activity. My participation is voluntary and I elect to participate in spite of all risks.
I hereby voluntarily release, forever discharge, indemnify and hold harmless Titan MAC and Affiliates from any and all claims, demands, or causes of action for injury, loss, death or damage to myself or to my property which are in any way connected with my participation in the Activity or my use of Tiger Dragon Martial Arts Centre's equipment or facilities, or Titan MAC and Affiliates' equipment or facilities, including any such claims which allege negligent acts or omissions, willful misconduct or breach of contract by Tiger Dragon Martial Arts Centre or Titan MAC and Affiliates.
Should Titan MAC and Affiliates or anyone acting on its behalf, be required to incur legal fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
In the event that the appropriate venue and forum for any court or other proceedings in respect of this Release and any proceedings related to this Release shall be Toronto, Ontario, Canada.
By checking the checkbox, I acknowledge that if anyone is hurt or property is damaged during my participation in the Activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Titan MAC and Affiliates on the basis of any claim form which I have released them herein.
I have had sufficient opportunity to read this entire Release. I have read and understood it, and I agree to be bound by its terms. I am over the age of 18 and I agree that I have read and understand contents of this Release.
*A parent or guardian must sign if the participant is under the age of 18.
"Titan MAC" means 2494016 Ontario Ltd. "Member" means the individual identified in the
member information below to whom Titan MAC is providing the Goods and/or
Services. Titan MAC and Member are
sometimes referred to herein individually as a "Party" and collectively as the
"Parties". "Services" means the fitness
classes and other related services provided to Member by Titan MAC under this
Agreement. "Agreement" means the
Agreement between Titan MAC and the Member for the provision of the Services,
to which these terms and conditions are expressly made a part thereof.
The terms and conditions herein apply to all offers made by Titan MAC. Provision
of the Services is strictly conditioned upon Member's assent to Titan MAC's
terms and conditions. Unless otherwise agreed upon in writing by a duly authorized
representative of Titan MAC, Titan MAC objects to, and is not bound by, any
terms or conditions that differ from, add to, or modify the terms and
conditions herein. Member's receipt of
the Services or Titan MAC's receipt of payment for the Services, whichever
occurs first, shall conclusively evidence Member's unconditional acceptance of
these terms and conditions.
3. PRICES AND PAYMENT
Prices are those set by Titan MAC from time to time, inclusive or
exclusive of applicable taxes as the case may be and as indicated by Titan MAC,
and are subject to change without notice.
Provision of the Services is conditioned upon Titan MAC's receipt of
payment by Member.
4. OBLIGATIONS OF MEMBER
- pay dues or other payments required
- pay any fee resulting from bounced payments
- follow gym rules
- no harassment of staff or students
- agree to monthly withdrawals (if applicable)
Titan MAC may terminate this Agreement for convenience at any time. Titan MAC may terminate this Agreement for
default in the event that (i) Member materially breaches any of the terms and
conditions herein, (ii) Member defaults on payments required for the provision
of the Services, (iii) Member fails to follow the rules set out by Titan MAC or
the facility in which the Services are provided.
The Services are provided "as is" and Titan MAC makes no warranties (and
hereby disclaims all warranties) whether written or oral, express, implied or
statutory, with respect to the subject matter hereof, including, without
limitation, any implied warranties of merchantability, title or fitness for a
The Member agrees to release, forever discharge, indemnify and hold
harmless Titan MAC from any and all claims, demands, or causes of action for
injury, loss, death or damage to Member or to Member's property which arise out
of or are in any way related to the Agreement or Titan MAC's performance
thereunder, or Titan MAC's provision of the Services.
8. LIMITATION OF LIABILITY
Notwithstanding any other provision herein, under no circumstances shall
Titan MAC be liable for any consequential, special, incidental, indirect,
multiple, administrative, or punitive damages, or any damage of an indirect or
consequential nature arising out of or related to its performance under this
Agreement, whether based upon breach of contract, warranty, negligence, or any
other type of claim, and whether grounded in tort, contract, civil law, or other
theories of liability, including strict liability, even if advised in advance
of the possibility of such damages. Titan MAC's total liability arising from or
related to the Agreement, is limited to no more than the aggregate of the
amount paid by Member to Titan MAC in the one (1) month preceding the claim,
and Member agrees to indemnify Titan MAC for any excess amounts. To the extent
that this limitation of liability conflicts with any other Section or provision
herein, such provision shall be regarded as amended to whatever extent required
to make such provision consistent with this clause.
9. GOVERNING LAW AND VENUE
The performance of the Parties, and any judicial or arbitration
proceedings, shall be construed and governed in accordance with the laws of the
Province of Ontario, Canada, excepting its laws and rules relating to conflict
of law. Neither (a) the United Nations Convention on Contracts for the
International Sale of Goods, (b) the 1974 Convention on the Limitation Period
in Contracts for the International Sale of Goods (hereinafter referred to as
the "1974 Convention"), nor (c) the Protocol Amending the 1974
Convention held at Vienna, Austria, on April 11, 1980, apply in any manner to
the interpretation or enforcement of the Agreement.