ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT
DECLARATIONS: This Agreement is entered between Integral Wellness trainer representative (“Trainer”) and the client purchasing this service (“Client”). The provision of personal training services by Trainer to Client, and Client’s use of any premises, facilities or equipment are contingent upon this Agreement.
ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including personal training, or enter our premises or use any facility or equipment on our premises for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by Trainer or otherwise, including injuries or damages arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives and successors. Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavour. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Trainer or otherwise.
RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, and agents) to release and discharge Trainer (and Trainer’s affiliates, related entities, representatives and successors) from any and all claims or causes of action (known or unknown) arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives and successors. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while travelling to or from training.
INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless Trainer from any loss, liability, damage, or cost Trainer may incur due to the provision of personal training by Trainer to you.
ACKNOWLEDGEMENTS: You agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the Province of New Brunswick and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that Trainer offers a service to his/her clients encompassing the entire recreational and/or fitness spectrum. Trainer is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Trainer. You acknowledge and agree that Trainer does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against trainer for trainer’s negligence, or for any defective product used while receiving personal training from trainer. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made. You certify that you are in adequate physical condition to participate in physical exercise; you assume the risk of physical injury; you will disclose to Trainer whenever suggested activities cause distress beyond your threshold; you will not hold Company or its Trainer(s) liable for any physical injury; you assume all responsibility for your participation in the Training Sessions.
Payment Terms and Conditions – AGREEMENT
When I purchase coaching, nutrition, or fitness services from Integral Wellness, I agree to the following terms and conditions:
– I understand that all services are non-transferable and non-refundable.
– I understand that I must make my payments as per scheduled before I can cancel my agreement:
– I understand that my membership/package will auto-renew on expiration unless I cancel it with 15 days written notice.
– If I choose to pay in installments, the payments amount is guaranteed for the term of the membership as long as my membership is in good standing and there are no outstanding balances.
– If I choose to pay in installments, before expiration date, I can only cancel my contract for medical reasons with a copy of a physician’s note. All requests for cancellation of membership for medical reasons must be made in writing to Integral Wellness, to be emailed to email@example.com. Payments made are non-refundable, a cancellation fee of 10% of original balance or $150 will apply.
– If any amount charged, in payment of Integral Wellness services due is returned for lack of sufficient funds or any other reason, the client will be charged a rejected payment fee of $50.00.
– Integral Wellness reserves the right to deny admittance to any member with an unpaid balance on their membership. I hereby agree that if Integral Wellness is unable to process my payment from the designated account provided by me, Integral Wellness is permitted to use any of the other accounts provided as many times and as often as needed to replace the unpaid payments and services charged as set forth in this agreement.
– I understand that Integral Wellness reserves the right to revoke this agreement for cause if I fail to keep and obey any of the rules and regulations, or for reasons of moral turpitude, fraud or disturbance to other members.
– I understand that Integral Wellness may modify its class schedule (including cancellation of classes), programs, class content, instructions, equipment, hours of operation, rules, regulations, policies, and procedures at its sole discretion at any time without notice, and may also alter privileges and right granted to me herein and use the facility and the equipment.
– I understand that Integral Wellness loves to post pictures and videos on social accounts and website sharing positive experiences. I understand that Integral Wellness may take pictures and record videos during classes and events and I hereby agree that any photo, video, voice, or likeness of me may be used in their website or social accounts without royalties or prior consent, unless specified in writing prior to the event start.
I hereby request and authorize Integral Wellness, or its agents to deduct/charge my total outstanding balance, including current membership dues, enrollment fees, late fees, returned check fees, and retail sales purchases as applicable, from/to my bank/credit card account for each contractual pay period. I have read, understood, and completed this questionnaire. Any questions I had were answered to my full satisfaction.
– I understand that all services are non-transferable and non-refundable.