J4 Performance
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND ASSUMPTION OF RISKS
PARTICIPANT INFORMATION:
First Name: Last Name: Middle Initial:
Street Address, City, Province and Postal Code: Date of Birth: (YYYY-MM-DD)
Phone Number: Email Address:
Emergency Contact Name:
Relationship: Phone Number:
* If participant is a minor, Parent/Legal Guardian consent must be completed.
BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION
PLEASE READ CAREFULLY!
In consideration of JAMES NICHOLSON operating as J4 Performance (collectively, “J4 Performance”) permitting the individual named below ("I" or "me") to participate in receiving fitness training and/or virtual sports offered by J4 Performance which may include, but is not limited to, participation in aerobic activity, strength training, core exercises, balance training, flexibility and stretching (collectively referred to as the “Activities”), and to use property owned, or in the control of, J4 Performance (collectively referred to as the “Facilities”) and for other good and valuable consideration, I agree to all the terms and conditions set forth in this agreement (this "Agreement").
I understand that this is a binding contract with J4 Performance, and I have been given full opportunity to ask any and all questions about the Activities. I hereby acknowledge that all of my questions have been answered to my satisfaction.
In consideration for the permission to participate in the Activities, I acknowledge and covenant on behalf of myself, my heirs, assigns, personal representatives and estate with J4 Performance, their affiliates, subsidiaries, related companies, and business concerns, past and present, as well as their partners, officers, agents, servants, volunteers, successors, assigns and employees, past and present, and each of them (collectively, “Releasees”) as follows:
ASSUMPTION OF RISK:
I am aware and understand that the Activities in which I am about to voluntarily engage, involve many known and unknown risks, dangers, and hazards, including but not limited to the risk of serious physical or mental injury, death, illness, disease, or damage to me or my property. I understand and acknowledge those risks may result in claims against Releasees. However, I am making an informed choice to accept and assume all such risks due to the benefits of the Activities and I agree that the benefit of the Activities outweigh the risks, which risks include but are not limited to:
1. The acts, omissions, or negligence, in any degree of Releasees;
2. Lifting heavy weights, running, stretching or using common equipment;
3. Health risks, such as:
a. Broken bones,
b. Dislocations,
c. Torn ligaments and tendons,
d. Sprains and strains,
e. Cuts,
f. Bumps and bruises,
g. Prolonged increased heart rate,
h. Increased blood pressure,
i. Allergic reactions, and
j. Skin infections;
4. Latent or apparent defects or conditions of the Facilities;
5. Improper or inadequate instruction or supervision regarding the Activities or use of the Facilities;
6. The behaviours of the co-participants;
7. Accident or incidents during the Activities;
8. First aid, emergency treatment or services rendered or failed to be rendered by Releasees; and
9. Injury resulting from inadequate Facilities used during the Activities.
I understand and acknowledge that the above list is not complete or exhaustive, and that other risks, known or unknown, identified, or unidentified, anticipated, or unanticipated may also result in injury, death, illness, disease, or damage to me or my property. I FURTHER ACKNOWLEDGE that I am in good physical and mental health, and not suffering from any condition, disease or disablement which would or could potentially affect participation in the Activities or use of the Facilities. I have informed J4 Performance of any exceptions to the above. I understand that injuries sustained may be permanent and may require surgical procedure
I am aware of the possibility of injury from fitness training. I understand that when I leave the premises, it is my responsibility to rest and recover as recommended by J4 Performance. J4 Performance makes no claim to the success or validity of the recommended recovery methods, they are simply guidelines. I agree to not hold J4 Performance liable for any injuries caused by my own negligence. I understand that my diet and amount of rest will affect my results from the fitness training.
I am also aware of the highly contagious nature of bacterial and viral diseases including, but not limited to, COVID-19 ("Disease") and the risk that I may be exposed to or contract a Disease by engaging in the Activities or using the Facilities, which may result in serious illness, personal injury, disability, death, or property damage. I understand and acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of the Releasees, including negligent emergency response or rescue operations. I understand that while J4 Performance has implemented measures to reduce the risk of injury from the Activities, Facilities and the spread of Disease, J4 Performance cannot guarantee that I will not be injured or become infected by Disease.
I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITITIES AND USING THE FACILITIES WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING FROM MY ENGAGING IN THE ACTIVITIES AND USING THE FACILITIES, WHETHER CAUSED BY THE NEGLIGENCE OF J4 PERFORMANCE OR OTHERWISE.
RELEASE AND INDEMNITY:
I hereby expressly WAIVE, RELEASE and FOREVER DISCHARGE the Releasees from all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage or injury that may be sustained by me, regardless of whether such loss or damage is caused by the negligence of the Releasees, or otherwise, and regardless of whether such liability arises in tort, contract, strict liability or otherwise, to the fullest extent allowed by law.
I further hereby agree to FULLY INDEMNIFY, DEFEND and HOLD HARMLESS the Releasees from and against all claims, demands, suits, actions, damages, liabilities, losses, settlements, judgements interest, awards, penalties costs or expenses of whatever kind (including but not limited to reasonable legal fees on a solicitor-client basis), whether or not involving myself or a third party claim, which arise out of, or are in any way related to events, negligent or intentional acts, negligent conduct, or omissions occurring in relation to the participation in the Activities or use of the Facilities.
It is my express intent that this release of liability and indemnity shall bind the members of my family, spouse, my heirs, assigns and personal representative, and shall be deemed as a RELEASE, WAIVER, DISCHARGE and COVENANT NOT TO SUE the above named Releasees and to FULLY INDEMNIFY the Releasees as stated above.
I acknowledge and understand that the gym facility I am accessing may occasionally operate as an open gym without supervision. I accept full responsibility for my own safety and well-being during these times, and I will exercise caution and adhere to all posted rules and guidelines. I release the Releasees from any liability or claims arising from my participation in unsupervised activities.
I represent and warrant that: I am at least eighteen (18) years of age and fully competent and I execute this document for full, adequate, and complete consideration fully intending to be bound by same.
ENTIRE AGREEMENT, SEVERABILITY AND VENUE:
I understand that this is the entire Agreement between the undersigned and Releasees, and that it cannot be modified or changed in any way by the representations or statements of Releasees or any employee or agent of Releasees, or by the undersigned. I understand and agree that this Agreement is severable and that if any clause is found to be invalid, the balance of the contract will remain in effect and will be valid and enforceable. I agree that any action will be brought in a court of competent jurisdiction in the Province of Alberta. Any disputes will be subject to and determined under the laws of the Province of Alberta.
This document affects your legal rights. By signing below, you acknowledge that you have read and understood the disclosures of risks, voluntarily accept those risks, and agree to be bound by the terms of the release of liability and indemnity.
_________________________________________ _________________________
Participant’s Signature / Date
FOR PARENT OR GUARDIAN OF A PARTICIPANT UNDER THE AGE OF 18:
Parent / Guardian's Signature / Date
Click here if you’re signing for a child