RELEASE OF LIABILITY, WAIVER OF CLAIMS AND ASSUMPTION OF RISKS AND TERMS AGREEMENT (“Agreement”)
PLEASE READ THIS AGREEMENT CAREFULLY. BY AGREEING TO THE FOLLOWING TERMS YOU WILL WAIVE CERTAIN LEGAL
To: EASTWOOD CYCLE INC. (“Eastwood”) and its employees, agents, independent contractors, suppliers, successors, administrators, assigns and representatives (together with Eastwood, the “Releasees”).
Definition:In this Agreement, the term “Wellness Activities” shall include all activities, classes, instruction and services provided, arranged, organized, conducted, or authorized directly or indirectly by or on behalf of any one or more of the Releasees and shall further include, but is not limited to: group spin classes or individual sessions, stretching instruction, strength and weight training, use of any equipment provided by one or more of the Releasees (“Equipment”), social events, popup events, and any other activities, classes, events, instruction and services in any way connected therewith, whether taking place at Eastwood’s facilities or offsite.
I hereby certify that:
- (a) I have no mental or physical condition that could prevent me from properly engaging in any of the Wellness Activities or using any of the Equipment;
- (b) I do not have a mental or physical condition that would put me or anyone else in any danger whatsoever by my engaging in any of the Wellness Activities or using any of the Equipment; and
- (c) I have not been instructed by a physician to refrain from participating in physical exercise.
I FURTHER CERTIFY THAT FOR EVERY INSTANCE IN WHICH I PARTICIPATE IN ANY OF THE WELLNESS ACTIVITIES OR USE ANY OF THE EQUIPMENT WHILE I HAVE ANY MENTAL OR PHYSICAL CONDITION WHICH COULD AFFECT MY MENTAL OR PHYSICAL SAFETY OR HEALTH, WHETHER TEMPORARY OR CHRONIC, IT IS MY SOLE RESPONSIBILITY TO INFORM THE INSTRUCTOR AND ANY OTHER APPROPRIATE RELEASEE(S) OF SUCH CONDITION PRIOR TO ENGAGING IN THE WELLNESS ACTIVITY OR USING THE EQUIPMENT. I ACKNOWLEDGE THAT EACH OF THE RELEASEES RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO DENY MY PARTICIPATION IN THE WELLNESS ACTIVITIES OR USE OF THE EQUIPMENT FOR ANY REASON WHATSOEVER.
Agreement to Terms and Conditions
I hereby acknowledge and agree that I have read and am bound by Eastwood’s terms and conditions of use for all Wellness Activities and Equipment (“Terms and Conditions”), which are posted on its website at eastwoodcycle.com and form part of this Agreement. Eastwood may, in its sole discretion, unilaterally update or revise the Terms and Conditions from time to time and may send notifications of significant updates or revisions to me by email at the email address provided by me below. I acknowledge that email notifications are a courtesy only and agree that it is my responsibility to regularly check the website for updates to the Terms and Conditions. I expressly agree that my ongoing access and use of the Wellness Activities and Equipment will be deemed to be my agreement to any updates or revisions to the Terms and Conditions. I further agree and acknowledge that if my email address changes, I will promptly notify Eastwood of my updated email address for the purposes of notification by Eastwood of updates or revisions to the Terms and Conditions and any other notifications that Eastwood wishes to provide to me via email.
Assumption of Risks
I am aware that participating in Wellness Activities involves risks, dangers and hazards that include, but are not limited to: mechanical failure of any Equipment; improperly adjusted or maintained Equipment; negligent design or manufacture of Equipment; health risks including but not limited to overexertion, dehydration, fatigue, heart attack, stroke, strains/sprains, broken bones, shin splints, joint injuries; and NEGLIGENCE AND GROSS NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO PROTECT OR SAFEGUARD ME FROM THE RISKS, DANGERS, AND HAZARDS (a) OF PARTICIPATING IN THE WELLNESS ACTIVITIES REFERRED TO ABOVE, AND (b) ASSOCIATED WITH RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT. THE USE OF, OR FAILURE TO MAINTAIN, THE EQUIPMENT. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
Release of Liability, Waiver of Claims and Indemnity
In consideration of the Releasees agreeing to my participation in Wellness Activities and permitting my use of their Wellness Activities, other services, Equipment and facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
- TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the Releasees, AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in Wellness Activities or use of the Equipment DUE TO ANY CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION NEGLIGENCE AND GROSS NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT R.S.B.C. 1996 C.337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE WELLNESS ACTIVITIES REFERRED TO ABOVE;
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in the Wellness Activities and use of the Equipment and for all costs incurred by the Releasees in relation to the enforcement of the Agreement;
- I will comply at all times with all stated and customary concerns related to the Wellness Activities, posted safety signs, rules, and verbal instruction, given to me by any Releasee;
- this Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, successors, assigns and representatives in the event of my death or incapacity;
- this Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction; and
- any litigation involving the parties to this Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.
In entering into this Agreement, I am not relying on any oral or written representations or statements made by any of the Releasees with respect to the safety of participating in the Wellness Activities. I confirm that I have read and understood the Agreement and that I have had reasonable opportunity to obtain independent legal advice prior to signing it. I am aware that by signing this Agreement I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators, assigns and representatives may have against the Releasees.