Welcome to the Family!
In signing this document, you are waiving the right to bring a count of action to recover compensation or obtain any other remedy for; personal injuries, damage to property, loss of property, accident of any kind, death, arising out of your use of Kawartha Lakes Brazilian Jiu-Jitsu and Fitness. Here-after referred to as Kawartha Lakes BJJ & Fitness.
This includes Kawartha Lakes BJJ & Fitnesses: facilities, equipment, your participation in classes, or activities sponsored by Kawartha Lakes BJJ & Fitness, whether supervised or unsupervised. You must be 18 years of age or older to sign this Acknowledgement and Release, otherwise a parent or legal guardian must sign on your behalf.
I will treat everyone I meet at Kawartha Lakes BJJ & Fitness with respect. I understand that if I do not treat people with respect and kindness, I can be asked to leave permanently. I understand there is a no coaching rule at Kawartha Lakes BJJ & Fitness, and will respect it at all times. If I bring a friend, family member or anyone else to visit, I will inform them of this rule.
ACKNOWLEDGEMENT AND RELEASE:
Kawartha Lakes BJJ & Fitness operates facilities ("gym") and equipment located at 11 Cross Creek Road, Little Britain, ON, KOM 2C0 and may provide classes or activities whether supervised or unsupervised by Kawartha Lakes BJJ & Fitness employees or agents (collectively the "gym activities")
AND WHEREAS an essential condition for Kawartha Lakes BJJ & Fitness permitting me to use it's facilities and/or participate in gym activities, I have agreed to give this Acknowledgement and Release.
NOW THEREFORE, IN CONSIDERATION OF Kawartha Lakes BJJ & Fitness permitting me to use the gym and participate in gym activities, I, for myself, my personal representatives, assigns, and heirs:
(1) ACKNOWLEDGE, agree and represent that I understand the nature of the gym and gym activities that I am in good health and in proper physical condition to use the gym and participate in gym activities.
(2) I fully understand that; A) The gym and gym activities may involve serious risk and dangers of serious bodily injury, including permanent disability, paralysis and death ("the risks"). B) These risks may be caused by my own action, the actions or inactions of others using the gym or participating in gym activities, the condition of the gym or the condition in which the gym activities take place, or negligence of the releases listed below and the following page. C) There may be other special or unusual risks associated in the gym or gym activities, including social or economic losses, either known to me or not readily foreseeable at this time: AND I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR ALL LOSSES, COSTS, AND DAMAGES I OR THE PERSON I AM SIGNING ON BEHALF MIGHT INCUR AS A RESULT OF MY USE OF THE GYM OR BY PARTICIPATION IN SUCH GYM ACTIVITIES BOTH NOW AND OR IN THE FUTURE.
(3) AGREE AND WARRANTY that I will examine and inspect all gym equipment and each gym activity in which I take part of and that, if I observe any condition which If consider to be hazardous or dangerous, I will notify the proper authority in charge of the gym or gym activities, as the context requires, and will refuse to use such equipment or take part in such gym activities until the condition has been corrected to my satisfaction.
(4) HEREBY RELEASE, discharge and covenant not to sue Kawartha Lakes BJJ & Fitness, its officers, directors, shareholders, employees, volunteers, instructors, participants in gym activities, users of the gym, assigns, owners and lessors of the facility where the gym is located, all designers, manufactures, and installers of equipment and other fixtures located at the gym's facilities (collectively referred to as the "releases") from all liability, claims, cause of action, demands, losses or damages on my behalf, makes a claim against any of the releases from litigation expense, solicitor fee, loss, liability, damage or cost which may be incurred as a result of such claim.
(5) CHOICE OF LAW AND ATTORNMENT, this acknowledgment and release shall
be governed by and construed in accordance with the laws of the province of Ontario and the laws of Canada applicable within. I agree that the counts of the province of Ontario will have exclusive jurisdiction to determine all disputes and claims arising between the parties.
(6) SUCCESSORS AND ASSIGNS, this acknowledgment and release shall be binding upon myself, my personal representatives, assigns, and heirs and shall endure the benefit of Kawartha Lakes BJJ & Fitness and its respective heirs, executors, administrators, successors, assigns and legal representatives.
(7) I understand and agree that as a club member or visitor, I may be photographed, videotaped, or have my likeness recorded by that or by any other means and used for commercial purposes including but not limited to marketing instructional products, print, advertisement and internet applications.
(8) All cash transactions are non-refundable.
(9) I have read this acknowledgment and release, I fully understand its terms and understand that I have given up substantial rights by signing it, and have signed it freely and without any inducement or assistance of any nature and intend it to be irrevocable ;and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this acknowledge and release is held to be invalid, the balance of the acknowledgement and release shall continue in full force and effect.
(10)
COVID-19, READ THIS ENDORSEMENT CAREFULLY AS IT MAY EFFECT COVERAGE UNDER THE POLICY; this insurance policy provides no coverage for an claim in any way caused by, arising out of or resulting from any disease or contagion, including that designated as such by any of the following:
A) A Federal, Provincial, Territorial or Municipal authority or agency
B) A Minister of the Federal, Provincial or Territorial Crown
C) A person occupying the position of Chief Medical Officer of Health (or
similar position) of a Province, Territory or Municipality
D) The World Health Organization
E) The Center for Disease Control/Centre for Disease Control of;
i) Canada or any Canadian Province or Territory
ii) The United Kingdom of Great Britain and Northern Ireland
iii) The United States of America and any American State or Territory.
For purposes of this Endorsement, disease or contagion so designated shall include:
i) Any derivative, mutation or variation of the disease or contagion
ii) Any fear or spread of the disease or contagion
iii) Any failure to prevent, contain or eradicate the disease or contagion
For purposes of greater clarity the following are diseases or contagion that are excluded pursuant to this endorsement:
a) Coronavirus disease (COVID-19)
b) Severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) c) Ebola
d) Avian Influenza (Avian Bird Flu) and
e) Legionella (Legionnaires Disease)