RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS,
AND INDEMNITY AGREEMENT
| WARNING: PLEASE READ CAREFULLY BEFORE SIGNING. BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. |
1. Parties, Capacity and Application
1.1 This Release of Liability, Waiver of Claims, Assumption of Risks, and Indemnity
Agreement (the “
Agreement
”) is between Graves Karate & Strength Inc., its shareholders,
directors, officers, employees, independent contractors, volunteers, instructors, including
its Chief Instructor Nicolas Graves, contractors, agents, representatives, insurers,
successors, assigns, affiliated and related entities, and all owners or occupiers of
premises used for its activities (collectively, the “
Releasees
”), and the individual who,
through the Releasees’ online registration platform, completes electronic acceptance
either as an adult participant of the age of majority (“
Adult Participant
”) or as a parent or
legal guardian (“
Guardian
”) acting on behalf of one or more minor participants associated
to the Guardian’s account in the platform (each a “
Minor Participant
” and together with
any Adult Participant, the “
Participant
”).
1.2 Where a Guardian executes this Agreement through the online registration platform, the
Guardian does so on behalf of each Minor Participant associated to the Guardian’s
account in the online platform and agrees that all provisions apply to each such Minor
Participant and to the Guardian.
2. Definitions and Interpretation
2.1 “
Activities
” means all activities, programs, classes, sessions, events, competitions, demonstrations, assessments, clinics, camps, tournaments, performance-based assessments or instructional training (including, but not limited to, demonstrations, drills, skills development, and applied practice), and any related or ancillary activities offered, organized, required, recommended, or otherwise provided by the Releasees, including but not limited to training of martial arts, karate, striking, wrestling, self-defence, grappling, sparring, kata (forms), kobudo (traditional weapons), strength training, physical conditioning, warm-ups, cool-downs, stretching, mobility work, use, handling, transport, storage and maintenance of equipment and training tools, and travel to, from, or between any Activities locations, whether supervised or unsupervised, on-site or off-site.
2.2 “
Premises
” means any location where the Activities occur, including gymnasiums, studios, dojos, parking areas, change rooms, washrooms, waiting areas, reception areas, training floors, equipment areas, storage areas, and any adjacent or associated facilities.
2.3 “
Minor
” means an individual who is under the age of majority in the province of British Columbia.
3. Eligibility and Consideration
3.1 Adult Participants represent and warrant that they are of the age of majority in British Columbia and have full legal capacity to execute this Agreement.
3.2 Guardians represent and warrant that each Minor Participant is a Minor and that the Guardian has full legal authority to execute this Agreement on behalf of each Minor Participant associated with the Guardian’s account in the online registration platform.
3.3 The Releasees’ agreement to permit the Participant to access the Activities and Premises constitutes good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
4. Risks Acknowledgement and Assumption of Risks
4.1 Adult Participants and Guardians understand and acknowledge that the Activities involve inherent and foreseeable risks, dangers, and hazards, both serious and minor, that may result in personal injury, property damage, or loss, up to and including serious bodily injury, paralysis, or death, including without limitation those risks set out below.
4.2 Such risks include, without limitation: physical contact with instructors or other participants; collisions; falls; overexertion; muscle strains; sprains; tears; fractures; dislocations; concussions; head, neck, back, dental, and eye injuries; lacerations; bruising; punching and kicking impacts; choking and submission holds; accidental or improper use or failure of equipment; exposure to and use of training weapons and props; slipping or tripping hazards; negligent first aid or emergency response; exposure to communicable diseases; weather-related conditions for outdoor components; and risks arising from the condition, design, selection, layout, or maintenance of the Premises and equipment.
4.3 Risks may be increased by the Participant’s health, fitness level, medical conditions, prior injuries, inexperience, failure to follow instructions, or the acts or omissions of others.
4.4 KNOWING THESE RISKS, ADULT PARTICIPANTS FREELY AND VOLUNTARILY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH PARTICIPATION IN THE ACTIVITIES AND PRESENCE ON THE PREMISES, AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR LOSS RESULTING THEREFROM. GUARDIANS DO SO ON BEHALF OF EACH MINOR PARTICIPANT.
5. Health Status, Medical Fitness, and Compliance
5.1 ADULT PARTICIPANTS REPRESENT AND CERTIFY, AND GUARDIANS REPRESENT AND CERTIFY ON BEHALF OF EACH MINOR PARTICIPANT, THAT THE PARTICIPANT IS MEDICALLY AND PHYSICALLY FIT TO PARTICIPATE AND HAS NOT BEEN ADVISED OTHERWISE BY A MEDICAL PROFESSIONAL, AND THAT ANY CONDITION AFFECTING SAFE PARTICIPATION WILL BE DISCLOSED TO THE RELEASEES.
5.2 Participants must: (a) comply with all rules, policies, and instructions of the Releasees, including safety briefings and codes of conduct; (b) use protective equipment as directed; and (c) immediately report any hazards, injuries, or concerns to the Releasees. Where a
Guardian signs, the Guardian will ensure each Minor Participant complies.
5.3 The Releasees are authorized to obtain or provide emergency medical treatment for the Participant as deemed necessary, and the Adult Participant or Gurdian, in the case of Minor Participants, agrees to assume all associated costs.
6. RELEASE OF LIABILITY AND WAIVER OF CLAIMS
6.1 IN CONSIDERATION OF THE RELEASEES ALLOWING THE PARTICIPANT TO PARTICIPATE IN THE ACTIVITIES AND PERMITTING THE PARTICIPANT’S USE OF FACILITIES AND EQUIPMENT, THE ADULT PARTICIPANT, AND THE GUARDIAN ON BEHALF OF THEMSELF AND EACH MINOR PARTICIPANT ASSOCIATED WITH THE GUARDIAN’S ACCOUNT, TO THE GREATEST EXTENT PERMITTED BY LAW, WAIVE ANY AND ALL CLAIMS AGAINST AND HOLD HARMLESS, RELEASE, AND AGREE NOT TO SUE THE RELEASEES FOR ANY INJURY, INCLUDING DEATH, LOSS, PROPERTY DAMAGE OR EXPENSE, WHICH THE PARTICIPANT MAY SUFFER, OR THAT THE PARTICIPANT’S NEXT OF KIN MAY SUFFER, ARISING IN WHOLE OR IN PART OUT OF THE PARTICIPANT’S PARTICIPATION IN THE ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED ON ANY RELEASEE’S ALLEGED OR ACTUAL NEGLIGENCE OR BREACH OF ANY CONTRACT OR NEGLIGENT REPRESENTATION AND/OR EXPRESS OR IMPLIED WARRANTY OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337. NEGLIGENCE INCLUDES FAILURE ON THE PART OF ANY RELEASEE TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT THE PARTICIPANT FROM THE RISKS, DANGERS, AND HAZARDS OF THE ACTIVITIES.
6.2 IN FURTHER CONSIDERATION, THE ADULT PARTICIPANT AND THE GUARDIAN ON BEHALF OF THEMSELF AND EACH MINOR PARTICIPANT ASSOCIATED WITH THE GUARDIAN’S ACCOUNT RELEASE AND GIVE UP ANY AND ALL CLAIMS AND RIGHTS THAT THEY MAY HAVE AGAINST ANY RELEASEE, INCLUDING UNKNOWN OR UNMENTIONED CLAIMS, AND THOSE RESULTING FROM ANYTHING THAT HAS HAPPENED UP TO NOW.
7. INDEMNITY
7.1 EACH ADULT PARTICIPANT, AND THE GUARDIAN ON BEHALF OF THEMSELF AND EACH MINOR PARTICIPANT ASSOCIATED WITH THE GUARDIAN’S ACCOUNT, SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASEES FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE LEGAL FEES AND COSTS OF ENFORCING INDEMNIFICATION RIGHTS AND PURSUING INSURERS, ARISING OUT OF OR RESULTING FROM THE PARTICIPANT’S PARTICIPATION IN THE ACTIVITIES.
8. Personal Property
8.1 The Releasees are not responsible for loss, theft, or damage to any personal property brought onto the Premises.
9. Right to Refuse Participation
9.1 The Releasees may, in their sole discretion, refuse or discontinue a Participant’s access to the Activities or Premises for any reason, including unsafe conduct, suspected impairment, failure to follow instructions, non-payment of fees, or breach of this Agreement, without refund.
10. Term and Survival
10.1 This Agreement applies to the Participant’s participation in any and all Activities and presence on any Premises from the date of execution and continues for the duration of the Participant’s membership or enrolment and thereafter for any subsequent drop-in or guest participation, unless and until revoked in writing by the Releasees.
10.2 Sections 3 through 8, and 12 through 15 survive termination or expiry.
11. Governing Law and Jurisdiction
11.1 This Agreement is governed by the laws of the province of British Columbia and the federal laws of Canada applicable therein. The parties irrevocably attorn to the exclusive jurisdiction of the courts of British Columbia with respect to any dispute arising out of or related to this Agreement or the Activities.
12. Severability and Interpretation Favouring Enforceability
12.1 If any provision of this Agreement is determined to be invalid or unenforceable, in whole or in part, such provision is deemed severed or limited to the minimum extent necessary, and the remaining provisions continue in full force and effect.
12.2 The parties intend that this Agreement be construed as broadly as permitted by applicable law in favour of the Releasees’ protection.
13. Entire Agreement; Amendments; No Reliance
13.1 This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior understandings or agreements regarding the same.
13.2 No amendment or waiver is binding unless in writing and executed by the Releasees. The Participant and Guardian acknowledge that no oral representations or statements have been made that modify this Agreement or can be relied upon.
14. Acknowledgement; Independent Legal Advice
14.1 The Participant and Guardian acknowledge having read this Agreement in full, understand its terms, understand that substantial legal rights are being given up, including the right to sue, and sign it freely and voluntarily.
14.2 The Participant and Guardian have been advised to seek independent legal advice before
executing this Agreement and either have done so or have chosen not to do so.
15. Electronic Signatures; Records; Counterpart Execution
15.1 This Agreement may be executed electronically concurrently with registration, and electronic acceptance, click-through, typed name, digital signature, or submission through the Releasees’ online registration platform constitutes valid execution and delivery, enforceable as an original. This Agreement may be executed and delivered electronically and in counterparts.
15.2 The Participant and Guardian consent to the Releasees’ retention of an electronic copy of this Agreement as the authoritative record.