Liability Release and Physical FitnesS

Please read this release carefully. By indicating your acceptance of the terms through clicking or signing on the booking page you will waive certain legal rights, including the right to sue or claim compensation following an accident.

If you do not agree to this release, do not click or sign.

To: Bendy Fitness Studios and their directors, officers, employees, agents, independent contractors, suppliers, successors, assigns and representatives ("Releasees").

Definition: In this Release, the term "Classes" 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: stretching classes or individual sessions and any other activities, classes, virtual classes, virtual individual sessions, instruction and services in any way connected therewith.

Assumption of Risks: I am aware that participating in Classes involves health risks including, but not limited to, overexertion, dehydration, fatigue, heart attack, stroke, strains/sprains, 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 of participating in classes referred to above. 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 Classes and permitting my use of their 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 Classes, due to any cause whatsoever, including 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;

  • 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 Classes and for all costs incurred by the Releasees in relation to the enforcement of the Release;

  • This Release 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 Release and any rights, duties and obligations as between the parties to this Release 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 Release 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 Release I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in Classes, other than what is set forth in this Release. I confirm that I have read and understood the Release and that I have had reasonable opportunity to obtain legal advice prior to signing it, and I am aware that by clicking to indicate my acceptance of or signing this Release I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators, assigns and representatives may have against the Releasees.

    PHYSICAL ACTIVITY READINESS:

    By accepting this Release you confirm that you do not have: a heart condition that requires you to seek medical recommendation prior to doing physical activity; feel chest pain during physical activity; feel chest pain while not doing physical activity; lose balance because of dizziness; lose consciousness; suffer from a bone or joint problem; take prescribed medication for blood pressure or a heart condition; or know of any other reason why you should not take part in physical activity that you have not cleared with your doctor.