The WaiverElectronic is the most easy and secure way to manage your digital fitness class waivers.
Why You’re Reading This Document
Before you begin any class with me, whether it is online or in person, I need you to clearly understand the risks of participating in my fitness classes. The purpose of this release and waiver (the “Waiver”) is to communicate the risks of practicing fitness together and have you release MICHELLE SZAMES of any liability. Please be aware that if you do not sign this Waiver and agree to its terms, you will not be able to participate in my online or in person fitness classes.
PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. I AM HERE TO SUPPORT YOU. MAKE SURE YOU UNDERSTAND THIS WAIVER. BY SIGNING THIS YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT.
1. Parties
. I will refer to myself, Michelle Szames, a sole proprietor operating in the Province of Ontario, as “Michelle”, “I”, “me”, or “my” and I’ll refer to you, the undersigned (electronically or by hand) or person who has clicked “I Agree” to this Waiver, as “you” or “your”.
2. The Activities. You will be participating in fitness classes with Michelle. I offer welcoming and inclusive fitness classes, including body weight exercises, compound exercises, low impact cardio activities and stretching and flexibility movements, which may involve but are not limited to the following activities (the “Activities”):
2.1 A variety of group fitness classes and small group training. The constant in all of these classes is that the activities involve exercise, movement and stretching.
2.2 The Activities apply to any fitness classes which are made available for online streaming and in-person participation. As your participation may take place outside of Michelle’s facilities, I need you to acknowledge that you are responsible for the safe facilitation of the Activities.
3. Equipment. You may use the following equipment as part of the Activities with Michelle (collectively, the “Equipment”): Dumbbells, Resistance Bands, Bender Balls, Gliders and Thera Bands. Do not use any equipment not instructed by Michelle.
4. Inherent Risks. You understand that participating in the Activities poses inherent risks, some of which are more obvious than others. Injuries include but are not limited to things like muscle tears, muscle strains and other musculoskeletal injuries, sprains, broken bones, cardiovascular complications, heat exhaustion, dizziness and fainting.
4.1 The risks listed above in this provision can result in serious harm and injuries that could change your quality of life and, in very rare and extreme circumstances, may even result in death. You will progress at your own pace and will listen to your body. If at any point you feel overexertion, pain or fatigue, you will rest and communicate with the instructor as soon as possible.
4.2 You understand that if you are partaking in these Activities outside a fitness space, there may be other reasonable risks that can arise from the location or use of other objects. For example, if you are practicing at home, there may be sharp objects that you can collide with close to you or things you trip on as you practice.
4.3 Participating in the Activities via online streaming means that there will be no in-person supervision while you perform the Activities, which presents increased risks. You acknowledge these risks and agree to participate in the Activities to the extent that it is safe and reasonable for you to do so, at your own discretion. This includes finding a safe space to participate in the Activities, not pushing yourself too far while undertaking the Activities, and not trying to complete Activities if you are unsure about how to best practice them.
5. Affirmation of Health. By participating in any Activities with Michelle, you affirm that you have sought medical advice regarding your fitness to exercise. If you have not sought such advice, you must be certain that your medical and fitness levels are sufficient to participate in the Activities. Amidst the current developments surrounding communicable diseases, you acknowledge that by participating in the Activities you affirm that you are healthy, able to engage in practice and not at an increased risk due to any such related diseases. If you have symptoms of a communicable disease or are unsure of your health and ability to practice the Activities, please consult with your doctor.
6. Voluntary Assumption of Risk. You have read this Waiver and understand the risks of participating in the Activities with Michelle. Your signature below, electronic signature or clicking 'I Agree’, and your participation in the classes with Michelle illustrates your voluntary participation and assumption of the risks of the Activities.
7. Release, Waiver and Indemnity. You hereby release Michelle Szames, and any of her contractors, employees, volunteers, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) from any liability and damages arising from personal injuries or death, however caused including as a result of Michelle’s negligence, during your participation in the Activities with Michelle. You are releasing the Released Parties at your own risk and you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your participation in the Activities. You agree that these provisions above apply to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.
8. General Legal Provisions. Jurisdiction. This Waiver will be governed exclusively by the laws of the Province of Ontario. Severability. If any provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Headings. The headings used in this Waiver are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as if we signed the Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement.
By signing below, you agree that you have read this Waiver and fully understand its contents and voluntarily agree to be bound to all of its terms.
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Now let’s have an awesome workout!
