WAIVER & CONSENT
Please read and understand the Waiver and consent form -
ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER AND INDEMNITY AGREEMENT AND PAR-Q. PLEASE READ THIS DOCUMENT CAREFULLY. BY SIGNING THIS DOCUMENT, YOU ARE AGREEING TO WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
I acknowledge and agree that:
a. I will follow all instructions and directions (if any) that may be provided to me by Synergy during training programs;
b. I may be allowed to access Synergy’s facilities at any time and, at certain times, there may be no supervision or assistance available to me. I understand that if I am injured, become unconscious, or suffer a stroke or heart attack, there may be no one to respond to my emergency and that Synergy has no duty to provide any assistance to me.
c. I will provide Synergy with an honest and accurate description of my level of physical fitness, health, nutrition, use of medication, medical history, and current physical, mental, and medical condition. If I answer “yes” to one or more questions on the attached PAR-Q form, I will consult with my physician prior to commencing athletic activities with Synergy. d. I consent to receive first aid and medical treatment from Synergy in the event of an accident, injury or illness during athletic activity. If I have provided medication to Synergy, I consent to receive such medication and I consent to Synergy administering such medication to me. e. Synergy may videotape, audiotape, or photograph me for instructional and promotional purposes without payment of any kind to me and without further notice to me or permission from me; f. I understand that having my child(ren) present while I am using Synergy’s facilities, participating in or watching Synergy’s activities, or being present on Synergy’s premises, is at my own risk, and that I am solely responsible for supervising my child(ren) during such times.
ASSUMPTION OF RISKS I understand that by participating in the training programs provided by Synergy, I will be exposed to many risks, dangers and hazards which could result in physical injury, death, damages or other losses to me. Some of these risks, dangers and hazards include, but are not limited to: a. Health: overexertion, dehydration, fatigue, and various injuries caused by my lack of fitness or conditioning; b. Premises: defective, dangerous or unsafe condition of the facilities; falls; collisions with objects, equipment or persons; c. Use of Equipment: mechanical failure of the equipment; negligent design or manufacture of the equipment; the provision of or the failure by Synergy to provide any warnings, directions, instructions or guidance as to the use of the equipment; failure to use or operate the equipment within my own ability; d. Advice: negligent advice regarding training programs; and e. My conduct and the conduct of others: I understand that my negligence, and the negligence of others, including the NEGLIGENCE OF SYNERGY, may increase my risk of damage, loss, personal injury or death. I understand that Synergy may fail to safeguard or protect me from the risks, dangers and hazards of training programs, some of which are referred to above. Despite the risks, dangers and hazards associated with participating in training programs, and fully understanding the nature and extent of such risks, dangers and hazards, I wish to participate in training programs with Synergy, and I FREELY ACCEPT AND FULLY ASSUME all such risks, dangers and hazards and the possibility of personal injury, death, property damage and loss resulting from such training programs.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNIFICATION In consideration of Synergy allowing me to participate in training programs and to use its equipment, facilities and services, I agree that:
1. I WAIVE ANY AND ALL CLAIMS that I now have, or may in the future have, against Synergy AND I RELEASE SYNERGY from any and all liability for any loss, damage, expense or injury (including death) that I, or my next-of-kin, may suffer as a result of my participation in training programs, DUE TO ANY CAUSE WHATSOEVER including, but not limited to: a. negligence on the part of Synergy; b. breach of contract by Synergy; c. breach of warranty by Synergy in respect of the design, manufacture, selection, installation, maintenance or adjustment of equipment; d. breach of any statutory or other duty of care on the part of Synergy; and e. the failure by Synergy to safeguard or protect me from the risks associated with training programs; and
2. I WILL INDEMNIFY SYNERGY FROM, AND COMPENSATE SYNERGY FOR, any and all liability that Synergy may incur for any damage, loss, expense or injury to any third party resulting from my participation in training programs. In the event that I die or become unable to make my own decisions, I agree that this Agreement will remain binding upon my heirs, next-of-kin, executors, administrators, assigns and representatives (collectively, my “Heirs”).
INSURANCE: I understand that Synergy does not provide me with any disability, accident, liability or medical insurance or compensation in the event that I become injured or cause personal injury or property damage to any third party while participating in training programs.
JURISDICTION: This Agreement and any rights, duties and obligations as between Synergy and I shall be governed by and interpreted solely in accordance with Saskatchewan law. Any litigation involving Synergy and I must be brought solely within Saskatchewan and shall be within the exclusive jurisdiction of the Courts of Saskatchewan. I acknowledge that, in entering into this Agreement I am not relying on any oral or written representations or statements made by Synergy with respect to the safety of training programs other than what is set forth in this Agreement.
DEFINITIONS I understand that in this Agreement, the following terms have the following meanings: a. “Synergy” means Crossfit Saskatoon Inc., operating under the registered business name “Synergy Strength and Conditioning”, and includes its directors, owners, employees, independent contractors, trainers, instructors, agents, volunteers, servants, representatives, successors and assigns; and b. “training programs” includes all activities, programs, events, classes, and services provided, sponsored or organized by Synergy including, but not limited to: fitness classes; personal training; weight training; sporting events; use of strength training and fitness conditioning equipment, machines and facilities; nutritional and dietary programs; health, wellness and fitness assessments; orientation or instructional sessions or lessons; and all other such related activities. I have read and understood this agreement, and I UNDERSTAND THAT BY CLICKING AGREE TO THIS AGREEMENT ONLINE I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS MAY HAVE AGAINST SYNERGY.
This accepts responsibility for any and all parties listed in this stated form.