Liability Waiver
All participants must be 18 years of age or older.
PLEASE READ CAREFULLYIn consideration of Flow Lagree Studio Inc. and its directors, officers, employees, contractors, instructors, agents, representatives, successors and assigns (collectively, “Flow Lagree”) permitting me (“I” or “me”) to participate in fitness activities including, but not limited to, Lagree, Megaformer, mat, reformer, strength, conditioning, mobility classes, private or group training sessions, and the use of any related equipment or amenities (collectively, the “Activities”), and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I agree to the terms and conditions set out in this Release of Liability, Waiver of Claims and Assumption of Risk Agreement (this “Agreement”).
The Activities may take place at premises owned or operated by third parties, including but not limited to Nook (the “Premises”).
ASSUMPTION OF RISKSI acknowledge and understand that participation in the Activities involves inherent risks, dangers, and hazards, including but not limited to the risk of serious personal injury, permanent disability, death, or property damage. These risks may arise from, among other things, physical exertion, use or misuse of equipment, instruction or lack thereof, environmental conditions, lighting conditions, and the actions or omissions of myself, instructors, staff, other participants, or third parties.
I voluntarily choose to participate in the Activities and freely accept and fully assume all such risks, dangers, and hazards, whether known or unknown, foreseeable or unforeseeable, and whether caused by the negligence of Flow Lagree or otherwise.
I acknowledge that I am responsible for consulting a physician prior to participation if I have any medical concerns, conditions, or limitations, and for disclosing any such conditions to Flow Lagree prior to participating. Flow Lagree makes no guarantees regarding fitness results.
RELEASE AND WAIVER OF LIABILITYI hereby expressly waive, release, and forever discharge Flow Lagree and Nook, including their respective owners, landlords, tenants, directors, officers, employees, contractors, agents, representatives, successors and assigns (collectively, the “Releasees”), from any and all claims, demands, actions, causes of action, liabilities, damages, losses, costs, or expenses of any kind arising out of or related to my participation in the Activities or my presence at the Premises, including claims arising from the negligence of any of the Releasees, breach of contract, or breach of any statutory or other duty of care, including duties owed under the Occupiers Liability Act (British Columbia).
This release applies to claims for personal injury, death, property damage, or loss, whether occurring during, before, or after participation in the Activities, including while entering, exiting, or being present at the Premises.
COVENANT NOT TO SUE AND INDEMNITYI agree not to commence or maintain any legal action, claim, or proceeding against any of the Releasees in respect of any matter released under this Agreement.
I further agree to indemnify, defend, and hold harmless the Releasees from and against any and all claims, liabilities, losses, damages, costs, and expenses (including legal fees) arising from my participation in the Activities or my breach of this Agreement.
PERSONAL PROPERTYI acknowledge that Flow Lagree and Nook assume no responsibility whatsoever for any of my personal property, whether lost, stolen, or damaged while at the Premises.
LIMITATION OF LIABILITYIf any court of competent jurisdiction determines that any portion of this Agreement is unenforceable, I agree that the aggregate liability of the Releasees shall not exceed the greater of (a) the total amount paid by me to Flow Lagree in the six (6) months preceding the event giving rise to the claim, or (b) $500 CAD.
SEVERABILITYIf any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
GOVERNING LAW AND JURISDICTIONThis Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. I agree to submit to the exclusive jurisdiction of the courts of British Columbia in respect of any matter arising from this Agreement, to the extent permitted by law.
ACKNOWLEDGMENT AND ACCEPTANCEI acknowledge that I have read and understood this Agreement, that I am aware I am waiving substantial legal rights, including the right to sue Flow Lagree and Nook, and that I am entering into this Agreement freely and voluntarily, without any inducement or assurance.
By booking a class and checking the acceptance box during checkout, I confirm that I have read, understood, and agree to be legally bound by this Release of Liability, Waiver of Claims and Assumption of Risk Agreement.