Release of Liability, Waiver of Claims, Assumption of Risks & Indemnity Agreement
Effective date: March 15, 2021
Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement
By Signing This You Will Waive Certain Legal Rights, Including The Right To Sue. Please Read Carefully!
The activities referred to in this release agreement involve risks, dangers and hazards including the risk of damage, loss, personal injury and death. These risks, dangers and hazards are more fully described on the following pages. All participants in these activities are required to sign this release agreement which is intended to prevent participants from suing in the event of an accident. Please take the time to review this document carefully.
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Qi Gong with Deanna Ries, (Deanna Ries) (the "Operator") and their respective directors, officers, agents, representatives, employees, volunteers, independent, contractors, subcontractors, sponsors, successors (collectively "the Releasees"), assigns no legal assumption of risks unto themselves.
In this Agreement the term "fitness programs" shall include all classes, activities, programs, events, and services provided, sponsored or organized by the Operator including but not limited to: qi gong, meditation personal coaching, instructional sessions or lessons; and all other such related activities.
Assumption of Risks:
I am aware that my participation in the fitness program involves many risks, dangers, and hazards, which could result in damage, loss or physical injury to me. Some of these risks, dangers and hazards include, but are not limited to:
- Health: overexertion, dehydration, fatigue, lack of fitness or conditioning.
- Advice: negligent advice regarding fitness programs.
- My conduct and conduct of other persons: I acknowledge that such conduct, including my negligence and negligence of other persons including NEGLIGENCE ON THE PART OF THE RELEASEES, may increase the risk of damage, loss, personal injury or death. I understand that the Releasees may fail to safeguard or protect me from the risks dangers and hazards of fitness programs, some of which are referred to above.
Despite the risks, dangers and hazards of fitness programs, and fully understanding such risks, dangers, and hazards, I wish to participate in fitness programs with the Operator, and I FREELY ACCEPT AND FULLY ASSUME all such risks, dangers and hazards and the possibility of personal injury, death, property damage and loss resulting there from.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees allowing me to participate in fitness programs and permitting my use of services, I hereby agree as follows
1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE RELEASEE 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 fitness programs DUE TO ANY CAUSE WHATSOEVER, including but not limited to:
- negligence on the part of the Releasees;
- breach of contract by the Releasees;
- breach of any statutory or other duty of care including any duty owed under the Occupiers Liability Act, R.S.A. 2000, c. 0-4, on the part of the Releasees; and
- the failure on the part of the Releasees to safeguard or protect me from the risks, dangers and hazards of fitness programs, some of which are referred to in the Assumption of Risks section of this Agreement.
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage, loss, expense or injury to any third party resulting from participation in fitness programs.
3. This Agreement shall be effective and binding upon my heirs, next-of-kin, executors, administrators, assigns and representatives, in the event of death or incapacity.
Any information about symptoms is to be considered only from an educational perspective and should not be acted upon therapeutically.
In participating in these fitness programs, I accept full responsibility for performing only those movements and activities that support and do not jeopardize my health and well-being. I understand that any physical activity including, but not limited to qi gong, acupressure, meditation programs carry a risk for injury. I agree to not hold the Releasees liable for any injuries. The Releasees is to provide information, consultation, support in assisting me to understand my body's inner wisdom, and to find my own best movement patterns and alignment. My role, at times, is to be awake to the messages my body is sending me and to avoid any activity or movement that may cause pain or apprehension. I understand that the Releasee is not diagnosing, prescribing or treating. I agree to consult my physician about any concern I have about a state of pathology disfunction or pain and to advise the Releasees of such concerns.
In entering into this Agreement I am not relying on any oral, visual or written representations or statements made by the Releasees with respect to the safety of fitness programs other than what is set forth in this Agreement.
I am aware that the Releasees do not provide me with any disability, accident, liability or medical insurance or compensation, should I become injured or cause personal injury or property damage to any third party while participating in fitness programs.
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 Alberta, and I agree to attorn solely to the jurisdiction of the Courts of the Province of Alberta. Any litigation involving the parties to this Agreements hall be brought solely within the Province of Alberta and shall be within the exclusive jurisdiction of the Courts of the Province of Alberta.
Signature Box: ______________________________
Date Box: ______________________________