RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK WARNING AND INDEMNIFICATION AGREEMENT.
WARNING: PLEASE READ CAREFULLY BEFORE SIGNING! BY SIGNING THIS AGREEMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
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TO: KAREN KOEHLER, BUNCHO MOMENTUM, SUBCONTRACTORS, AND ASSOCIATES
DEFINITION
In this agreement the term “Coaching Activities” shall include all activities in any way related to fitness activities, personal training, wellness coaching, mindset coaching, life or fitness coaching, advisement, or instruction, including, but not limited to, orientation and instruction sessions and exercises; transportation or travel to and from coaching activities; loading and unloading of vehicles or use of equipment; all activities while participating in coaching activities, and while under contract with Karen Koehler and/ or Buncho Momentum.
ASSUMPTION OF RISK
I am aware that Coaching Activities involve many risks, dangers and hazards including, but not limited to: accidents or injuries which occur during transportation or travel to and from the activities; accidents or injuries which occur during activities, such as slips and falls, exertion, muscle strain or injury, use of training equipment, physical or psychological stress, severe weather including wind, rain and lightning, heat stroke, poor air quality, exposure to COVID-19 or other contagious virus or disease; negligence of other individuals, negligence of other parties participating in Coaching Activities and NEGLIGENCE ON THE PART OF KAREN KOELHLER AND/OR BUNCHO MOMENTUM TO SAFEGUARD AND PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGER AND HAZARDS ASSOCIATED WITH COACHING ACTIVITIES AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM. I understand that negligence includes failure on the part of the releasees to take reasonable steps to safeguard or protect me from or warn me of the risks, dangers and hazards of Coaching Activities. I am aware that the physical exertion required in Coaching Activities and the forces exerted on the body can activate or aggravate new or pre-existing physical injuries, conditions, symptoms or congenital defects. I understand that if I know or suspect that my physical condition may be incompatible with Coaching Activities that I should refrain from participation and seek medical advice before undertaking Coaching Activities.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of Karen Koehler and/or Buncho Momentum agreeing to my participation in Coaching Activities and permitting my use of its equipment and other facilities, and for other good and valuable considerations, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
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1. TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against KAREN KOEHLER AND/0R BUNCHO MOMENTUM AND ASSOCIATES, ITS DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SUBCONTRACTORS, AND REPRESENTATIVES (all of whom are hereinafter referred to as the “RELEASEES”) AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expenses or injury including death that I may suffer or that my next of kin may suffer as a result of my participation in Coaching Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING 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.O. 1990, C. 0.2, ON THE PART OF THE RELEASEES AND FURTHER INCLUDING FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF COACHING ACTIVITIES REFERRED TO ABOVE.
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in Coaching Activities
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3. That this Agreement shall be effecting and binding upon my heirs, next of kin, executors, administrators and assigns, in the event of my death.
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4.That this Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario and any litigation involving the parties to this Agreement shall be brought within the Province of Ontario.
In entering into this Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of Coaching Activities, other than what is set forth in this agreement.
I have read and understood this agreement 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 and assigns may have against the Releasees.
Name (print) _______________________________________________________________________
Signature ______________________________________________________ Date: _________________
Witness (print) ________________________________________________________________________
Witness Signature _______________________________________________ Date: _________________