RAVEN GRAPPLING
RELEASE OF LIABILITY, WAIVER OF CLAIMS,
ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
(hereinafter referred to as the “Release Agreement”)
BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY!
TO: Raven Grappling., and all related or associated companies, and their respective owners, directors, officers, employees, agents, representatives, instructors, trainers, contractors, subcontractors, sponsors, successors and assigns (hereinafter collectively referred to as “THE RELEASEES”)
DEFINITION
In this Release Agreement the term “Fitness Activities” refers to all exercises and fitness activities, and shall include, but is not limited to: the practice or martial arts, sparring, the use of punching and kicking bags, the use of free weights; the use of fitness equipment and machines, including cardiovascular training equipment; the use of parking and other related facilities; the use of changerooms and other related facilities; orientation and instructional fitness courses and sessions; and other such activities, events and services in any way connected with or related to Fitness Activities.
ASSUMPTION OF RISKS
I am aware that participating in Fitness Activities involves many risks, dangers and hazards including but not limited to: equipment failure; failure to properly adjust or fasten equipment; improper use of equipment; slips and falls; over-exertion; impact or collision with other participants or patrons, including being struck my other participants; negligence of other participants or patrons; improper instruction; and NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES 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 FITNESS ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.
PHOTO AND MEDIA RELEASE
I am also aware that for purposes of safety, security and quality control there are surveillance cameras mounted throughout the facility occupied by Raven Grappling. Furthermore, because of the popularity of Raven Grappling, I understand and acknowledge that oftentimes filming, video or photographs may be taken of me or my minor child during classes / training. I hereby grant Raven Grappling the unlimited use of my photo, likeness and voice in any format of video recording (e.g., DVD) for promotional advertisement or commercial use in any format now known or hereafter devised, in perpetuity and I forfeit any form of payment or credit in connection therewith. To be a participant in Raven Grappling training and activities in such video recording, or photos is my or my minor child’s consideration for the rights granted above. It is further understood that I will not film, video, photograph or otherwise record any classes or training without the express prior permission from Raven Grappling on a case-by-case basis.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the RELEASEES agreeing to my participation in Fitness Activities and permitting my use of their fitness facility, weights, equipment, parking and other facilities and services, and for other good and valuable consideration, I hereby agree as follows:
1. 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 Fitness 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.B.C. 1996. C. 337 ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES 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 FITNESS 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 Fitness Activities. For greater certainty, and without limiting the generality of the foregoing, in consideration of $1.00 to be paid to the undersigned parent by the Releasees, if the Participant is a minor pursuant the laws of British Columbia, the undersigned parent or guardian of the Participant agrees to indemnify and save harmless the Releasees against any action, suit, claim or loss, damages, expense or injury, including death, that the Participant may suffer as a result of their participation in the Fitness Activities, and agrees that this indemnity shall apply whether any claim is commenced or threatened by the Participant in their personal capacity or by a representative.
3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
4. This Release Agreement and any rights, duties and obligations as between the parties to this Release 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 Release 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 Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in Fitness Activities, other than what is set forth in this Release Agreement.
I have read the Release Agreement and agree to be bound by its terms