Waiver and release of liability

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ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER AND INDEMNITY AGREEMENT PLEASE READ THIS DOCUMENT CAREFULLY. BY SIGNING THIS DOCUMENT, YOU ARE AGREEING TO WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. 

I acknowledge and agree that: a. I will consult with my physician prior to commencing athletic activities with Balanced Bodies. I will follow all instructions and directions (if any) that may be provided to me by Balanced Bodies during training program b. I consent to receive first aid and medical treatment from Balanced Bodies in the event of an accident, injury or illness during athletic activity. If I have provided medication to Balanced Bodies, I consent to receive such medication and I consent to Balanced Bodies administering such medication to me. c. Balanced Bodies may videotape, audiotape, or photograph me for instructional and promotional purposes without payment of any kind to me and without further notice to me or permission from me. d. I understand that having my child(ren) present while I am participating in or watching Balanced Bodies’s activities is at my own risk, and that I am solely responsible for supervising my child(ren) during such times. ASSUMPTION OF RISKS I understand that by participating in the training programs provided by Balanced Bodies, I will be exposed to many risks, dangers and hazards which could result in physical injury, death, damages or other losses to me. Some of these risks, dangers and hazards include, but are not limited to: a. Health: overexertion, dehydration, fatigue, and various injuries caused by my lack of fitness or conditioning; b. Premises: defective, dangerous or unsafe condition of the facilities; falls; collisions with objects, equipment or persons; c. Use of Equipment: mechanical failure of the equipment; negligent design or manufacture of the equipment; the provision of or the failure by Balanced Bodies to provide any warnings, directions, instructions or guidance as to the use of the equipment; failure to use or operate the equipment within my own ability; d. Advice: negligent advice regarding training programs; and e. My conduct and the conduct of others: my negligence and the negligence of others. 

I understand that my negligence, and the negligence of others, including the NEGLIGENCE OF Balanced Bodies, may increase my risk of damage, loss, personal injury or death. I understand that Balanced Bodies may fail to safeguard or protect me from the risks, dangers and hazards of training programs, some of which are referred to above.

Despite the risks, dangers and hazards associated with participating in training programs, and fully understanding the nature and extent of such risks, dangers and hazards, I wish to participate in training programs with Balanced Bodies, and I FREELY ACCEPT AND FULLY ASSUME all such risks, dangers and hazards and the possibility of personal injury, death, property damage and loss resulting from such training programs. RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNIFICATION In consideration of Balanced Bodies allowing me to participate in training programs, 

I agree that: 

1. I WAIVE ANY AND ALL CLAIMS that I now have, or may in the future have, against Balanced Bodies AND I RELEASE BALANCED BODIES from any and all liability for any loss, damage, expense or injury (including death) that I, or my next-of-kin, may suffer as a result of my participation in training programs, DUE TO ANY CAUSE WHATSOEVER including, but not limited to: a. negligence on the part of Balanced Bodies; b. breach of contract by Balanced Bodies; breach of warranty by Balanced Bodies in respect of the design, manufacture, selection, installation, maintenance or adjustment of equipment; c. breach of any statutory or other duty of care on the part of Balanced Bodies; and d. the failure by Balanced Bodies to safeguard or protect me from the risks associated with training programs; and 

2. I WILL INDEMNIFY BALANCED BODIES FROM, AND COMPENSATE Balanced Bodies FOR, any and all liability that Balanced Bodies may incur for any damage, loss, expense or injury to any third party resulting from my participation in training programs. In the event that I die or become unable to make my own decisions, I agree that this Agreement will remain binding upon my heirs, next-of-kin, executors, administrators, assigns and representatives (collectively, my “Heirs”). 

INSURANCE: I understand that Balanced Bodies does not provide me with any disability, accident, liability or medical insurance or compensation in the event that I become injured or cause personal injury or property damage to any third party while participating in training programs. 

JURISDICTION: This Agreement and any rights, duties and obligations as between Balanced Bodies and I will be governed by and interpreted solely in accordance with British Columbia law. Any litigation involving Balanced Bodies and I must be brought solely within British Columbia and will be within the exclusive jurisdiction of the Courts of British Columbia. I acknowledge that, in entering into this Agreement I am not relying on any oral or written representations or statements made by Balanced Bodies with respect to the safety of training programs other than what is set forth in this Agreement. 

DEFINITIONS I understand that in this Agreement, the following terms have the following meanings: a. “Balanced Bodies” means Jenny Tecklenburg, operating under the business name “Balanced Bodies”, and includes her employees, independent contractors, trainers, instructors, agents, volunteers, servants, representatives and assigns; and b. “training programs” includes all activities, programs, events, classes, and services provided, sponsored or organized by Balanced Bodies including, but not limited to: fitness classes; personal training; weight training; sporting events; use of strength training and fitness conditioning equipment, machines and facilities; nutritional and dietary programs; health, wellness and fitness assessments; orientation or instructional sessions or lessons; and all other such related activities.