Release of Claims and Assumption of Risk
Please read this form carefully and be aware that in signing up and participating in any of the recreational programs and bootcamps (each, a “Program”) operated now or in the future by Michelle Malkoske (the “Operator”), a franchisee of Hot Mama Health & Fitness Ltd. (“Hot Mama”), you will be waiving and releasing all claims arising out of your and, as applicable, your child(ren)’s participation in the Program(s).
I am aware that the Program(s) in which I wish to participate will involve physical activity for myself and my child(ren), as applicable, which physical activity will place stress on my muscular and cardiovascular systems. I agree that, should any Program exceed my physical ability, I will only do the movements that I am physically and safely capable of executing. I understand that I must be in good health to participate in the Operator’s Programs. I understand that before participation in any Program, I must receive medical clearance from my physician or midwife, as applicable, clearing me for physical activity.
I agree to notify the Operator and its instructors regarding any physical condition that I, or my child(ren), may have which could be affected by our participation in any Program. I understand that I am responsible for supervising and guarding the health and safety of my child(ren) at all times.
In consideration of the Operator accepting me as a participant in the Program(s) in which I wish to participate now or in the future, I hereby agree as follows:
Waiver and Release of Claims for Injury: I, for myself and, as applicable, for my child(ren), agree to, and do hereby, release, waive and discharge the Operator, Hot Mama, the owners and lessees of facilities and premises used to conduct the Program(s) and their respective directors, officers, agents, servants, employees, successors and assigns (collectively, the “Releasees”) from any and all liability to me and, as applicable, to my child(ren) and our respective heirs, executors, administrators, next of kin and assigns, for all injury, loss, damage or cost on account of illness, injury, death or property damage arising out of, connected with, or in any way related to the Program(s) or my and, as applicable, my child(ren)’s participation therein, whether caused by the negligence of the Releasees or otherwise.
Acknowledgement and Assumption of Risk of Injury: Prior to participating in any of the Program(s), I will fully inform myself of the details of the Program(s) and will ensure that I receive satisfactory answers to all questions I have concerning the Program(s) and the risks inherent in the Program(s). I recognize and acknowledge that the Program(s) involve risk of bodily injury and death.I further acknowledge that injuries sustained may be compounded or increased by procedures of the Releasees. I agree to, and do hereby, assume full responsibility for any and all risk of illness, bodily injury, death, property damage or other loss that I, or my child(ren), may sustain as a result of participating in any and all activities connected with or associated the Program(s), whether caused by the negligence of the Releasees or otherwise.
Indemnity and Defense: I, for myself and, as applicable, for my child(ren), agree to, and do hereby, indemnify and hold harmless and defend each of the Releasees from any loss, liability, damage or costs they may sustain, incur or suffer arising out of, connected with, or in any way related to the Program(s) or my participation therein, whether caused by the negligence of the Releasees or otherwise.
Full Release: I, for myself and, as applicable, for my child(ren), agree that this Release of Claims and Assumption of Risk extends to all acts, omissions and negligence of the Releasees, and is intended to be as broad and inclusive as is permitted by the laws of the Province of British Columbia and that if any portion hereof is held invalid, I agree that the balance shall, notwithstanding, continue in full legal force and effect.
I have read and fully understand the above Release of Claims and Assumption of Risk, fully understand its terms, understand that I have given up essential rights by signing it, and execute it freely and voluntarily without any reservation, inducement, assurance or guarantee being made to me and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.