WAIVER AND RELEASE
This release is entered into between the undersigned and Be More Fitness Inc. its officers, subsidiaries, affiliates, and executors in addition to the City of Calgary. The purpose of Be More Fitness Inc. is to provide fitness instruction and coaching for various levels of athletes/individuals.
The undersigned hereby acknowledge that the following was explained to me and/or agree to the following:
1. Acknowledges that Belinda Morrison and Colin Morrison, Contract Trainers are not physicians and are not trained in any way to provide medical diagnosis, medical treatment, or any other type of medical advice.
2. Acknowledges that coaching/training is another tool for teaching athletes/individuals about themselves, but that Be More Fitness Inc.does not guarantee neither good nor bad will occur nor guarantees the training advice given by Belinda or Colin Morrison or Contract trainers will produce good nor bad results.
3. Acknowledges that the undersigned has been told if they feel tired, feel pain or feel out of the ordinary in any way either related to your training, or otherwise, that the undersigned should contact a physician at once.
4. Acknowledges that fitness boot camps, kettle bell training, kick boxing, running, weight training, obstacle courses, hiking, whit water rafting, horse back riding, and any other related sports are an extreme test of one's mental and physical limits and carry with it potential for damage or loss of property, serious injury and death. That the undersigned assumes the risks of participating in these types of events/activities including the elements of a natural environment, that they are fit, and they have a regular medical physician they can contact regarding any medical problems that they might develop. The undersigned expressly waive, release, discharge and agree not to sue from any liability of death, disability, personal injury, or action of any kind Be More Fitness Inc. for the undersigned participating in said sporting events and/or training for said sporting events.
The Undersigned agrees that this is the full agreement between the parties, that Be More Fitness Inc. including Belinda and or Colin Morrison nor anyone else has not verbally contradicted any of the terms of this release and that the undersigned has entered into this agreement free and voluntarily without force or coercion.
Customer client agrees to confidentiality with respect to Be More Fitness Inc. and all services provided by same. The undersigned agrees to refrain from disclosing, directly or indirectly, any and all aspects of Be More Fitness Inc. The undersigned agrees to a non-compete within a 50 mile radius of Calgary for a period of 5 years from date of participation.
INFORMED CONSENT:
I declare that I intend to use some or all of the activities, facilities, programs and services (herein after called "activities") offered by Be More Fitness Inc. I understand that different people have different capacities for participating in the various activities offered through Be More Fitness Inc. I assume full responsibility during and after my participation in such activities and for my choices to use or apply at my own risk any portion of the instruction or guidance that I receive while participating in these activities.
I understand that the risk involved in undertaking any of the activities is related to my own state of fitness or health and the awareness, care and skill with which I conduct myself in any of the activities of Be More Fitness Inc. I also understand that I am free to withdraw from, reduce or modify my involvement in any of the activities and I realize that I should do so on recognition of any signs of physical discomfort.
I further understand that the possible risks involved in participating in these activities may include muscle, tendon, ligament, bone and joint soreness, muscle, tendon and ligament strain, tear or rip, bruising, death, skin laceration, tears, cuts or punctures, insect bites,shortness of breath, dizziness, fainting or unconsciousness, tightness in chest, bone breaks, discoloration, separations or fractures, fatigue, sweating, eye punctures, heart attack or stroke, aggravation of an existing or past injury, discomfort or problem with any other injury, discomfort or physical problems associated with physical activity and many other forms of physical discomfort.
In consideration of my participation, I hereby release and covenant not to sue Be More Fitness Inc. or any operator, member, employee, contractor or agent of Be More Fitness Inc., Lake Chaparral Residents Association, Fish Creek Provincial Park, Trinity Christian School, Alberta Dance Academy, Woodgreen Presbyterian Church, or the City of Calgary, from any and all future claims resulting from negligence on the part of Be More Fitness Inc. for property damage, personal injury, or wrongful death, arising as a result of my engaging in or receiving instruction by Be More Fitness Inc. employees, agents, contractors, sponsored activities or any activities incidental thereto. Wherever. Whenever, or that may be made by me, my family, contractors, heirs, or assigns.
I affirm that I am of legal age and freely signing this agreement. I have read and understand this release and Terms of Agreement and fully understand that by voluntarily signing this form, I am giving up legal rights and/or remedies.
IN ADDITION:
I have read the above list of possible risks associated with my participation in the activities offered by Be More Fitness Inc.
I consent to taking all of the above noted risks by VOLUNTARILY PARTICIPATING in the activities of Be More Fitness Inc.
I understand that all Bootcamps that are cancelled due to inclement weather will be made up on the following Saturday morning or another time specified.. No refund will be given for Bootcamps cancelled.
I agree to show up for Boot Camp every day unless it is an excused absence from my doctor or pre-approved with Boot Camp Instructors.
I understand that photos or video may be taken during the course of my involvement in Boot Camp, which may be used for promotional or any other purposes and I release any liability that may arise from using my likeness. I also waive any copyright or moral rights associated with my likeness. I understand that my "before & after" photos will not be used for any promotional purposes unless I give written authorization.
Camp fees can not be used towards any other products or services provided by Be More Fitness Inc.
I understand that diet and nutrition will effect my fitness goals and performance during boot camp.
I understand that Bootcamps are not intended for external personal trainers and their clients.
I understand that Be More Fitness Inc. has the right to refuse service to anyone for any reason. No abuse will be tolerated.
I understand that all training sesions have to be made up in the four week period, in only the registered Bootcamps. No exceptions.
I understand that, if for any reason, I am not completely satisfied with my bootcamp in the first month, I may receive a refund for the camp cost minus a $15.00 administration fee.
I have read and agree to the waiver and terms above and understand that my name as entered above is the same as my legal signature for the purposes of this registration.