Waiver, Release, and Assumption of Risk

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  • Waiver, Release, and Assumption of Risk

I have volunteered to participate in exercise at the facility known as Form Fit Gym (“Facility”), which may include, but may not be limited to, resistance training and aerobic or cardiovascular exercise. In consideration of the Facility’s agreement to allow me to exercise, and use equipment, with or without instruction, I do here now and forever release and discharge and hereby hold harmless the Facility and it’s respective agents, heirs, assigns, contractors, volunteers, and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with my participation in this or any exercise including any injuries resulting there from.

This waiver and release of liability includes, without limitation, injuries which may occur as a result of (1) equipment belonging to the facility, other members, or to myself that may malfunction or break; (2) any slip, fall, dropping of equipment; (3) negligent instruction or supervision; (4) other members actions or negligence; (5) non-equipment objects in the facility; (6) and/or the building and pieces that could be considered part of the building.

This waiver and release of liability includes, without limitation, illness which may occur as a result of (1) contact with surfaces; (2) breathing airborne particles; (3) socializing with others; (4) and/or contact with others.

I understand that the novel coronavirus causes the disease known as COVID-19. I understand that the novel coronavirus has a long incubation period during which carriers of the virus may not show symptoms and still be contagious.

I understand that exercise causes heavy breathing resulting in potential virus carrying particles becoming airborne which is one way that the novel coronavirus can spread. The ultra-fine nature of the particles can linger in the air for minutes to sometimes hours, which can transmit the novel coronavirus.

I understand that due to the frequency of the Facility’s use by other members, the characteristics of the novel coronavirus, and the characteristics of exercise, that I have an elevated risk of contracting the novel coronavirus simply by being in the Facility.

I understand that the Facility has many surfaces that are touched by multiple people daily. I have been informed of, understand and am aware that contact with surfaces is a potential way to transmit other viruses. Although the Facility will be regularly cleaning equipment and surfaces, I assume the responsibility of cleaning my equipment before and after use as per the instructions in the “Form Fit Gym Contract”.

I have been informed of, understand and am aware that I will be required to keep away from the facility if I start to show any symptoms that may be related to COVID-19 or any other virus or contagious illness, including, without limitation, fever, dry cough, tiredness, aches and pains, sore throat, diarrhea, conjunctivitis, headache, loss of taste or smell, a rash on skin or discoloration of fingers or toes, etc.

I confirm that I am not currently positive for novel coronavirus nor am I currently experiencing any symptoms above that could be caused by another virus. I agree to refrain from entering the facility when I do become sick in the future. I will only return to the facility when I am symptom free.

I verify that I have not returned to Ontario from any country outside of Canada, regardless of transportation method. Furthermore, I understand that travel from any country outside of Canada significantly increases my risk of contracting and transmitting the novel coronavirus.

I understand that Ontario Public Health Services has asked individuals to maintain social distance of at least 2 meters (6 feet). I understand that my safety might be compromised during exercise and a fellow member or Facility staff may need to be closer than the recommended distance due to the nature of a gym setting.

I have been informed of, understand and am aware that any exercise, whether or not requiring the use of exercise equipment, is a potentially hazardous activity. I also have been informed of, understand and am aware that any exercise and/or fitness activities involve a risk of injury, as well as abnormal changes in blood pressure, fainting, and a remote risk of heart attack, stroke, other serious disability or death, and that I am voluntarily participating in these activities and using equipment and machinery with full knowledge, understanding and appreciation of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury, regardless of severity, or death.

I have been informed of, understand and am aware that if I have contracted COVID-19 or been injected with any COVID-19 related vaccine that I may be at an increased risk for myocarditis. I understand that myocarditis can be of varying severities and can easily exist without proper diagnosis. I am aware that if I have contracted COVID-19, or I have had any of the COVID-19 vaccines, that my risk of heart failure during intense exercise is increased.

I have been advised that an examination by a physician should be obtained by anyone prior to commencing a fitness and/or exercise program or initiating a substantial change in the amount of regular physical activity performed. If I have chosen not to obtain a physician’s consent prior to beginning exercising in this Facility, I hereby agree that I am doing so solely at my own risk. In any event, I acknowledge and agree that I assume the risks associated with any and all fitness related activities and/or exercises in which I participate.

I have been informed of, understand and am aware that there is occasionally a dog in the facility. I am aware that although the dog is trained, mistakes can happen. I understand that it is my responsibility to maintain an awareness of the dog so that neither me nor the dog is injured during exercise.

I acknowledge that I have thoroughly read this form in its entirety and fully understand that it is a release of liability. By signing this document, I am waiving any right I or my successors might have to bring a legal action or assert a claim against the facility for their negligence or that of their employees, agents, or contractors.

This form is an important legal document that explains the risks you are assuming by spending time in the Facility and beginning an exercise program. It is critical that you have read and understand this document completely. If you do not understand any part of this document, it is your ultimate responsibility to ask for clarification prior to signing it.