EVOLVE HEALTH AND FITNESS STUDIOS
WAIVER AND RELEASE OF LIABILITY
I, {name} (the "Participant"), acknowledge that I am participating in activities and using the facilities, equipment and services of Evolve Health and Fitness Studios (the "Company"). In consideration of being allowed to participate in these activities and use these facilities, equipment and services, I agree to the following:
- Medical Advice: I understand that it is my responsibility to seek medical advice before participating in any physical activities, and to inform the Company of any pre-existing medical conditions that may affect my ability to participate in activities or use equipment and facilities.
- Assumption of Risk: I understand that participating in physical activities and using fitness equipment and services carries with it inherent risks, including but not limited to, the risk of physical or emotional harm, and the possibility of serious bodily injury. I understand that such risks cannot be eliminated completely, and I voluntarily assume all such risks, both known and unknown, even if arising from the negligence of the Company or its employees, agents or assigns.
- Release of Liability: I, for myself, my heirs, executors, administrators and assigns, hereby release and discharge the Company, its officers, directors, employees, agents and assigns from any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of my participation in activities and use of facilities, equipment and services of the Company.
- Indemnification: I agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and assigns from any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of my participation in activities and use of facilities, equipment and services of the Company.
- Medical Treatment: I understand that in the event of an emergency, the Company and its employees will make every effort to contact me or my emergency contact, but that in the event that I am unable to be reached, I authorize the Company to provide emergency medical treatment to me as deemed necessary.
- Governing Law: This Waiver and Release of Liability shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada.
- Entire Agreement: This Waiver and Release of Liability constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, of the parties.
- Modification: This Waiver and Release of Liability may not be amended or modified except in writing signed by both parties.
- Waiver: No failure or delay by either party in exercising any right under this Waiver and Release of Liability shall constitute a waiver of that right.
- Severability: If any provision of this Waiver and Release of Liability is found to be invalid or unenforceable, the remaining provisions shall be enforceable to the fullest extent possible.
I have read this Waiver and Release of Liability, fully understand its terms, understand that I have given up substantial rights by signing it, and sign it freely and voluntarily without any inducement.