RE: COLLECTION OF PERSONAL INFORMATION, ASSUMPTION OF RISK, INFORMED CONSENT, RELEASE OF LIABILITY, VALUABLES AND PERSONAL PROPERTY, WAIVER OF CLAIMS and INDEMNITY AGREEMENT
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Activities and Premises”) of Wheelhouse Cycle Inc.:
1. I understand and consent to Wheelhouse Cycle collecting and storing my personal information in accordance with its Privacy Policy which can be found on Wheelhouse Cycle’s website (www.wheelhousecycle.ca).
2. I fully understand and am aware that there are inherent risks, dangers, and hazards associated with indoor cycling, strength training, aerobic exercise, weight training, use of fitness equipment, fitness activities and indoor cycling classes (collectively the “Activities”) which take place at the premises of Wheelhouse Cycle (the “Premises”). I understand and agree that my use of the Premises or participation in the Activities may result in injury or illness to my person, including, but not limited to, bodily injury, disease, sprains, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability, and damage to my property (collectively, the “Risks”). I am aware and have full knowledge of the Risks and freely accept and assume all such Risks that they may be caused by my negligence, the negligence of the Releasees or the negligence of others, or by accidents, breaches of contract or other causes. I freely and voluntarily assume all Risks and all responsibility for any loss or damage which may arise out of or in connection with my participation in the Activities or use of the Premises, whether caused in whole or part by my negligence, the negligence of the Releasees or any other person.
3. Notwithstanding that I freely and voluntarily accept and assume all Risks, I am in good physical and mental health. I have been given permission by my physician to participate in the Activities and to use the Premises, or I have voluntarily accepted all the Risks of not consulting my physician and have decided to participate in the Activities or to use the Premises without such approval. I (a) have no medical or physical condition that would prevent me from properly participating in any of Activities and/or using the Premises, (b) do not have a physical or mental condition that would put me in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. I acknowledge that if I have any chronic disabilities or conditions, I am at risk in using Wheelhouse’s Classes and Facilities, and should not be participating in any Classes.
4. In consideration of my use of the Premises and participation in the Activities, I WAIVE ANY AND ALL CLAIMS against each and every one of the Releasees, and to REMISE, RELEASE AND FOREVER DISCHARGE EACH AND EVERYONE OF THE RELEASEES from any and all demands, losses, claims, costs, damages, expenses and liabilities for any loss, damage, expense or injury, including death, the Participant may suffer as a result of the Participant’s participation in the Activities or use of the Premises, or my presence, at, in or near the Premises, howsoever arising, including, to the extent permitted by law, NEGLIGENCE, BREACH OF CONTRACT, BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OWED UNDER THE OCCUPIERS’ LIABILITY ACT (ONTARIO), ON THE PART OF ONE OR MORE OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE BY ONE OR MORE OF THE RELEASEES TO SAFEGUARD OR PROTECT THE PARTICIPANT FROM THE RISKS, DANGERS, AND HAZARDS OF THE ACTIVITIES (AS DEFINED ABOVE).
5. I agree to HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all actions, losses, claims, costs, damages, expenses, and liabilities (including legal fees) which may be suffered or incurred by one or more of the Releasees arising out of or as a result of or relating in any manner whatsoever to any injury to persons (including injuries resulting in death) and/or loss of or damage to property, in connection with my participation in the Activities or use of the Premises, or my presence, at, in or near the Premises, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
6. I have read and thoroughly understand the Wheelhouse Bike Safety Instructions that are posted on Wheelhouse Cycle’s website (www.wheelhousecycle.ca), a hard copy of which was also available in the Premises. At all times, I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to me by Wheelhouse Cycle staff and the Releasees. I will abide by the Wheelhouse Cycle Rules and Regulations of Wheelhouse Cycle (as may be amended from time to time) found on the Wheelhouse Cycle website and on studio walls. I acknowledge that my right to use the Premises may be suspended or terminated immediately by Wheelhouse Cycle if I fail to comply with any and all such Rules and Regulations.
7. VALUABLES AND PERSONAL PROPERTY: I acknowledge that I have been urged to avoid bringing valuables onto the Premises and that the Releasees shall not be liable for the loss of, theft of, or damage to my personal property, including items left in lockers, bathrooms, studios, or anywhere else in the Premises. I acknowledge that no portion of any fees paid by me is in consideration for the safeguarding of valuables.
8. By participating in the Activities, I grant the Releasees the right to take my photograph or video and/or use my name, likeness or any other identification for advertising, marketing, publicity, instructional or other purposes in connection with the Activities and/or Premises and/or any related activity of any of the Releasees, in any medium, at any time and from time to time, without compensation and without my right of prior review or approval (except where prohibited by law).
9. I am not relying on any oral or written representation of the Releasees other than what is set forth in this Agreement. This Agreement represents the entire agreement with respect to the use of the Premises and participation in the Activities. This Agreement shall be interpreted in accordance with the law of the Province of Ontario, and the parties attorn to the exclusive jurisdiction of the Court having competent jurisdiction in the City of Ottawa, in the Province of Ontario. This Agreement shall enure to the benefit of the respective heirs, next of kin, executors, administrators, successors, and assigns of the Releasees and shall be binding on the Participant and his/her heirs, next of kin, executors, administrators, legal personal representatives, successors and assigns.
10. I, as Participant, have had sufficient time to read and understand this Agreement and all schedules thereto and I am aware that by signing this Agreement I am voluntarily waiving certain legal rights, which I or my Legal Representatives, may have against the Releasees.