TRAINMEFIT BRAMPTON
Assumption of Risk, Release of Liability, Waiver of Claims, and Indemnity Agreement
PLEASE READ CAREFULLY
By signing this Agreement, you acknowledge that you are giving up certain legal rights, including the right to sue TrainMeFit Brampton and others in certain circumstances.
1. Parties
This Agreement is entered into between the undersigned participant ("Participant") and TrainMeFit Brampton, including its owners, directors, officers, employees, contractors, coaches, trainers, volunteers, landlords, affiliates, successors, assigns, and agents (collectively referred to as the "Released Parties").
2. Acknowledgement of Risks
The Participant understands that participating in fitness activities involves inherent and significant risks that cannot be completely eliminated regardless of the care taken by the Released Parties.
These risks include, but are not limited to:
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Falls, slips, trips, collisions, and impacts.
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Equipment malfunction or failure.
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Improper use of equipment.
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Dropping weights or other equipment.
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Contact with other participants.
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Overexertion.
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Muscle strains or tears.
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Sprains.
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Tendon or ligament injuries.
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Broken bones.
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Cuts, bruises, abrasions, burns, and lacerations.
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Head injuries and concussions.
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Neck, back, spinal, or nerve injuries.
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Cardiovascular events including heart attack, stroke, or abnormal heart rhythm.
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Respiratory distress.
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Heat illness.
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Dehydration.
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Serious permanent disability.
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Paralysis.
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Death.
The Participant understands that injuries may occur even when following instructions correctly.
3. Nature of Activities
The Participant understands that activities may include, but are not limited to:
4. Assumption of Risk
The Participant voluntarily chooses to participate despite knowing and understanding these risks.
The Participant accepts full responsibility for any injury, illness, disability, property damage, or death that may result from participation.
The Participant understands that some risks are known while others may be unforeseen or unpredictable.
5. Medical Responsibility
The Participant confirms that they:
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Are physically able to participate.
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Have consulted a physician if appropriate.
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Will stop exercising immediately if they experience pain, dizziness, chest pain, difficulty breathing, faintness, loss of coordination, or other concerning symptoms.
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Will immediately notify staff if they become injured or feel unwell.
The Participant understands that TrainMeFit Brampton is not providing medical advice or medical treatment.
6. Participant Responsibilities
The Participant agrees to:
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Follow all instructions from staff.
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Use equipment only as intended.
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Exercise within their own physical limits.
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Report damaged equipment immediately.
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Wear appropriate athletic footwear and clothing.
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Respect all gym rules and policies.
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Maintain awareness of others while exercising.
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Keep workout areas clear of hazards.
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Re-rack equipment after use.
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Avoid behaviour that places themselves or others at unnecessary risk.
7. Open Gym Acknowledgement
The Participant understands that during Open Gym there may be limited or no active coaching or supervision.
The Participant accepts full responsibility for:
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Choosing appropriate exercises.
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Selecting appropriate weights.
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Monitoring their own technique.
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Exercising safely.
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Determining whether another person should act as a spotter.
The Participant acknowledges that TrainMeFit Brampton strongly recommends using a qualified spotter whenever performing heavy lifts, particularly bench press, squats, or any exercise where failure could result in serious injury.
8. Release of Liability
To the fullest extent permitted by the laws of Ontario and Canada, the Participant releases and forever discharges the Released Parties from any and all claims, demands, actions, causes of action, damages, costs, expenses, losses, or liabilities arising directly or indirectly from participation in any activity offered by TrainMeFit Brampton.
This release applies whether the claim arises from:
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Personal injury
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Illness
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Property damage
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Economic loss
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Wrongful death
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Any other loss
including claims arising from the ordinary negligence of the Released Parties.
This release does not apply where liability cannot legally be waived under applicable law.
9. Indemnification
The Participant agrees to indemnify and hold harmless the Released Parties from any claims, lawsuits, damages, costs, legal fees, or liabilities arising from:
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The Participant's actions.
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Damage caused by the Participant.
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Claims brought on behalf of the Participant.
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Claims arising from the Participant's failure to follow instructions or gym policies.
10. Emergency Medical Care
If emergency medical treatment is considered necessary, the Participant authorizes TrainMeFit Brampton to seek emergency medical assistance.
The Participant understands that:
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Emergency services may not be immediately available.
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TrainMeFit Brampton has no obligation to provide medical care beyond reasonable emergency response.
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The Participant is responsible for all resulting medical costs.
11. Personal Property
TrainMeFit Brampton is not responsible for theft, loss, or damage to personal property brought onto the premises.
12. Rules and Policies
The Participant agrees to comply with all current and future policies, safety rules, membership agreements, facility procedures, and staff instructions established by TrainMeFit Brampton.
Failure to follow these rules may result in suspension or termination of membership without refund where permitted under the Membership Agreement.
13. Severability
If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
14. Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
Any legal proceeding relating to this Agreement shall be brought exclusively before the courts of Ontario.
15. Entire Agreement
This Agreement constitutes the entire understanding between the Participant and TrainMeFit Brampton concerning the assumption of risk, release of liability, and waiver of claims.
No oral representations, statements, or promises shall modify this Agreement.
16. Acknowledgement
By signing below, the Participant acknowledges that:
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They have carefully read this Agreement in its entirety.
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They fully understand its contents.
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They understand they are giving up substantial legal rights, including the right to commence legal proceedings against the Released Parties in circumstances covered by this Agreement.
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They sign this Agreement voluntarily and without coercion.
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They have had sufficient opportunity to ask questions before signing.
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They are at least 18 years of age, or this Agreement is being signed by a parent or legal guardian on their behalf.
PARTICIPANT INFORMATION
Participant Name: {name}
Date: {sign_date}
Phone: {phone}