LIABILITY WAIVER AND INDEMNITY AGREEMENT for FITNESS PROGRAMS AND CLASSES

WHEREAS Dawn Payne has agreed to provide instruction, advice, direction or guidance in an exercise or fitness class offered both on-line and in-person (hereinafter referred to as the Fitness Class) and WHEREAS I am a recipient of the Fitness Class:

1. I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE Dawn Payne or Swish Fitness (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise, while participating in such activity, no matter where I am located.  

2. To the best of my knowledge, I can fully participate in fitness activities and I am not seeking medical advice from the Releasees regarding my ability to participate in the Fitness Class. I am fully aware of the risks and hazards connected with the activity, including but not limited to the risks as noted herein, and I hereby elect to voluntarily participate in said activity, and to enter the above-named premises and engage in such activity knowing that the activity may be hazardous to me and my property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in any fitness activities WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise.

3. I do NOT have any physical limitations, medical ailments, or physical or mental disabilities that would limit or prevent me from participating in the Fitness Class.

4. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASEES from any loss, liability, damage or costs, including court costs and lawyer’s fees, that may incur due to my participation in said activity, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise. 

5. It is my express intent that this Release and Hold Harmless Agreement shall bind the members of my family and spouse (if any), if I am alive, and my heirs, assigns and personal representative, if I am not alive, shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the above named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the Province of Alberta.

IN CLICKING THE BOX ABOVE THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements or inducements, apart from the foregoing written agreement, have been made; I acknowledge that this is not a Physical Therapy Assessment, Treatment or Medical Advice; I am at least eighteen (18) years of age and fully competent; and I execute this Release for full, adequate and complete consideration fully intending to be bound by same.