Essential Fitness + Nutrition
Waiver, Release, and Assumption of Risk Agreement
READ CAREFULLY AS THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS
In consideration of my participation in any nutritional program or physical activity involved with the delivery of a fitness program provided, offered, or presented by 1990175 Alberta Inc. operating as Essential Fitness + Nutrition and its trainers (collectively referred to as “Essential Fitness and Nutrition”), I agree to the terms of and to be bound by this Waiver, Release, and Assumption of Risk Agreement (the “Agreement”).
DEFINITIONS
“athletic activities” include, but are not limited to, personal training, fitness classes, programming, team or individual competitions, fitness assessments, use of facilities, observation of athletic activities, CrossFit, Olympic weightlifting, powerlifting, strongman training, gymnastics, strength conditioning, metabolic conditioning, plyometrics, interval training, bodyweight conditioning, rope climbing, stretching, outdoor running (on trails and/or sidewalks), sports (individual and/or team), and programs, clinics, seminars, competitions, and services provided and/or recommended by Essential Fitness and Nutrition.
“nutrition program” includes consultation on the subject of nutritional matters intended for general nutritional wellbeing, but does not involve the diagnosing, prognostication, or prescribing of remedies for the treatment of any disease or any licensed or controlled act which may constitute the practice of medicine in the Province of Alberta.
ASSUMPTION OF RISK
I understand that my participation in any athletic activities through Essential Fitness and Nutrition are done at my own risk.
I acknowledge and agree that I am aware of all risks involved with participating in athletic activities at or through Essential Fitness and Nutrition. I am aware that athletic activities have inherent dangers and risks and there is a possibility of accidental or other physical injury, serious personal injury, loss of life, or loss of my personal property.
I fully understand the risks of participating in athletic activities include, but are not limited to:
transient light-headedness, fainting, abnormal blood pressure, chest discomfort, muscle cramps, muscle soreness, pain, discomfort, fatigue, nausea, heart failure, exercise induced rhabdomyolysis, muscle strains, muscle pulls and tears, broken bones, or even death;
all manner of injury resulting from slipping or falling, with or without a rope, while jumping, skipping, running, walking, lifting, climbing, and impacting against the floor, walls, equipment, other athletes, or any permanent or temporary fixtures or equipment;
abrasions, entanglement, lacerations, bruising, dislocation, and other injuries resulting from activities on or near stands, racks, weight bars, pull-up bars, walls, ropes, medicine balls, and plyo boxes;
injuries resulting from falling athletes or objects such as weights, dumbbells, bars, medicine balls, ropes, and so forth or by any objects dropped by other persons conducting athletic activities or assisting others;
failure of the equipment, such as racks, stands, bars, attachments, anchors, and ropes.
I freely and openly accept and voluntarily assume sole responsibility for such risks and dangers and all responsibility for any losses or damages as a result of my actions and omissions to act, in connection with my participation in Essential Fitness and Nutrition athletic activities and nutritional programs.
FITNESS FOR PARTICIPATION AND CONDITIONS
I acknowledge that I do not have any physical limitations, medical ailments, physical or mental disabilities that would limit or prevent my participation in athletic activities or nutritional programs. I further agree it is my responsibility to disclose any changes in my physical, emotional, or mental status to Essential Fitness and Nutrition.
I hereby acknowledge and agree that:
The athletic activities I am participating in require a very high degree of effort and skill, are designed to be high intensity, and are intended to challenge and improve my cardiovascular endurance, stamina, strength, flexibility, speed, power, coordination, agility, balance, and accuracy;
I am advised to consult with my physician before beginning Essential Fitness and Nutrition’s athletic activities;
I will honestly represent my level of fitness, health, nutrition, use of medication, medical history, and current physical, mental, and medical condition to Essential Fitness and Nutrition.
I am personally responsible for my preparation prior to athletic activities, my concentration and attention during these athletic activities, and for my post activity rest and recovery;
I will learn and obey the rules and regulations of Essential Fitness and Nutrition, and that I will follow the instructions and directions of Essential Fitness and Nutrition during athletic activities;
I will inform Essential Fitness and Nutrition immediately should I feel any pain, discomfort, fatigue, nausea or other symptoms that I may suffer during and immediately after athletic activities;
I may stop my participation in an athletic activity at any time and that I may be directed to stop by Essential Fitness and Nutrition should I display noticeable signs of distress;
The use of drugs, medication or alcohol prior to or shortly after athletic activities may lead to dizziness or unconsciousness and therefore are absolutely prohibited. If I am currently taking medication I believe may impact my fitness for athletic activities, I agree to consult with my doctor prior to engaging in those activities;
Essential Fitness and Nutrition may provide and receive information from any medical doctor, rehabilitation clinic, movement or fitness professionals involved in my health and fitness journey for the purpose of helping me progress safely and steadily as an athlete. By signing this Agreement I am expressly consenting to the collection, use, and disclosure of my personal information and personal health information for the purposes of facilitating my participation in Essential Fitness and Nutrition’s programs and athletic activities;
Essential Fitness and Nutrition does not take any responsibility for personal property or valuables brought onto Essential Fitness and Nutrition’s premises and I assume the entire risk in bringing any personal property or valuables onto or in Essential Fitness and Nutrition premises; and
Essential Fitness and Nutrition is not a medical doctor. The nutrition services provided by Essential Fitness and Nutrition are at all times restricted to the nutrition program and is not a substitute for medical advice.
MEDICAL EMERGENCIES/FIRST AID
I consent to receive first aid and medical treatment by Essential Fitness and Nutrition in the event of an accident, injury or illness during an athletic activity. Essential Fitness and Nutrition in no way warrants or assumes any liability in relation to the administration of such first aid. I further understand and agree that, in the case of an emergency, Essential Fitness and Nutrition assumes no responsibility or obligation relative to any cost or expense related to carrying out any emergency measures, procedures, or transportation for myself and I agree to pay for such costs and expenses and shall indemnify and reimburse Essential Fitness and Nutrition for any such costs or expense it incurs.
PHOTO/VIDEO RELEASE
I understand that there may be various instructional and promotional materials created for Essential Fitness and Nutrition. I hereby grant permission to Essential Fitness and Nutrition, to take and use my identifying information in various publications, including print, online, and video-based materials, relating to the athletic activities and nutrition programs Essential Fitness and Nutrition offers. I understand and agree that:
identifying information includes video and my photograph, name, and quotations;
my image may be used in communication about the Program and may be distributed to the public through a variety of means, including printed, online, and electronic communications;
my name and identity may be revealed in descriptive text or commentary in connection with the image(s); and
there will be no financial compensation of any type associated with the taking or publication of my identifying information or participation in the Essential Fitness and Nutrition materials or other publications.
I understand and agree that my participation is voluntary. I acknowledge and agree that participation in Essential Fitness and Nutrition’s programs may result in my identifying information being accessible to third parties. I agree to hold Essential Fitness and Nutrition harmless for any use of my identifying information by third parties as a result of my participation.
INTELLECTUAL PROPERTY
All programming and materials provided by Essential Fitness and Nutrition are the intellectual property of Essential Fitness and Nutrition. These materials are being provided only for individual use while participating in Essential Fitness and Nutrition athletic activities and nutritional programs. I agree that I will not share, broadcast, or disseminate said programming without explicit written permission from either Eran Schellenberger or Alley Schellenberger.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY
As a condition of being permitted to participate in the athletic activities and nutritional programs of Essential Fitness and Nutrition, I agree to assume all risk of personal injury, death, or property loss resulting from any cause whatsoever including but not limited to:
the risks, dangers, and hazards of participating in athletic activities or making use of Essential Fitness and Nutrition’s premises, fitness equipment, machinery, or facilities; or
any negligence, breach of contract, breach of statutory duty of care on the part of Essential Fitness and Nutrition or its employees, consultants, volunteers, directors, officers, shareholders, successors, affiliates, subsidiaries, related entities, personal representatives, contractors, agents, assigns or owners, including Eran Schellenberger and Alley Schellenberger (collectively the “Essential Group”).
In consideration for being allowed to participate in the athletic activities and nutritional programs of Essential Fitness and Nutrition I agree that the Essential Group shall not be liable for any personal injury, death or property loss and I waive any and all claims that I had, have, or may have in the future against the Essential Group and anyone acting on its behalf.
I do hereby further agree to indemnify, save harmless, release and forever discharge the Essential Group from any and all causes of action (including but not limited to negligence, breach of statutory duty or breach of contract), suits, complaints, grievances, debts, sums of money, dues, expenses, general damages, special damages, costs (including without limitation, legal costs as between a solicitor and his or her own client), claims, medical costs, and demands of any and every kind whatsoever arising out of my participation in the athletic activities or nutrition programs of Essential Fitness and Nutrition. The foregoing indemnity shall apply notwithstanding any acts, omissions, or negligence on the part of the Essential Group or any of them.
Further, I agree to defend, hold harmless, and fully indemnify the Essential Group from any and all liability for property damage, personal injury or death to myself, my child(ren), dependents, family, or to any third party as a result of my participation in the athletic activities and nutritional programs of Essential Fitness and Nutrition.
GENERAL CONDITIONS
I agree that this Agreement is intended to be as broad and inclusive as permitted by the laws in the Province of Alberta and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I agree that this Agreement shall be governed and interpreted solely in accordance with the law of the Province of Alberta any and all claims or actions shall be brought solely within the Province of Alberta and shall be within the exclusive jurisdiction of the Courts of the Province of Alberta.
By entering this Agreement I am not relying on any oral or written representations, apart from the foregoing, made by any of the Essential Group to induce me to participate in Essential Fitness and Nutrition athletic activities or nutritional programs.
I acknowledge that I am signing this agreement freely and voluntarily and acknowledge that I have either pursued independent legal advice or have elected not to pursue independent legal advice in connection with this Agreement.
I confirm that I am the full age of eighteen years and I have read and understood the Agreement prior to signing it. I agree that this 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.
WARNING: BY SIGNING THIS DOCUMENT YOU GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE.
READ IT CAREFULLY!
By digitally signing your name below and hitting the ‘agree’ button you are giving your consent and signature to the contents of this Agreement.