Waiver & Release of Liability
Please read carefully. By signing below, you are giving up substantial legal rights. In this Agreement, "Underdog Training Club Inc." includes its owner, trainers and contractors. If the participant is under the age of majority, a parent or guardian must complete and sign this form.
Tap each section below to read the full terms, then complete the form to sign.
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I understand and agree that all rates for participation in the Activities are based on sixty (60) minute sessions and that should I arrive late for my scheduled session, I will not receive the full sixty (60) minutes with my trainer. Conversely, if my Personal Trainer is late for my scheduled session, I will still receive the full sixty (60) minute session.
I understand and agree that Underdog Training Club Inc. bills its clients on a pre-paid basis. Once I have decided with my trainer upon the type of training package and payment plan that I will purchase, I agree to make payment in full prior to the sessions being conducted. Credit cards, cash, and cheques made payable to Underdog Training Club Inc. are all accepted. I understand and agree that all training sessions are non-refundable and must be redeemed within one (1) year of purchase. For clarity, I understand that any and all sessions that are purchased but not used within one (1) year of the purchase date shall be forfeited without any reimbursement to me.
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I understand that Underdog Training Club Inc. operates on a scheduled appointment basis and I agree to provide twelve (12) hours' notice when I need to cancel an appointment. Should I cancel with twelve (12) or more hours' notice, there shall be no cancellation fee and I will be permitted to reschedule such cancelled appointment without penalty. I understand and agree that should I cancel my appointment with less than twelve (12) hours' notice, there shall be no refund for the missed appointment and I will not be permitted to reschedule such cancelled appointment.
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I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES INVOLVE MANY RISKS, DANGERS, AND HAZARDS, INCLUDING BUT NOT LIMITED TO THE RISK OF PROPERTY DAMAGE, SERIOUS INJURY, DEATH. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES, NOTWITHSTANDING THESE ASSOCIATED RISKS. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS, AND HAZARDS INVOLVED AND THE POSSIBILITY OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF UNDERDOG TRAINING CLUB INC. OR OTHERWISE.
I hereby expressly waive and release any and all claims which I have or may in the future have against Underdog Training Club Inc. and any of its affiliates, directors, officers, contractors, employees, agents, representatives, shareholders, successors, and assigns (collectively, "Releasees"), on account of injury, death, or property damage arising out of or attributable to my participation in the Activities, due to any cause whatsoever, including without limitation the negligence of Underdog Training Club Inc. or any other Releasee, breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation or otherwise. I covenant not to make or bring any such claim against Underdog Training Club Inc. or any other Releasee, and forever release and discharge Underdog Training Club Inc. and all other Releasees from liability under such claims. I further covenant that if any equipment used in the Activities does not seem to be properly functioning, I will immediately cease use and advise Underdog Training Club Inc. of such malfunction for the purposes of inspection and possible repair or adjustment.
I confirm that I am in good health, in proper physical condition, and do not have any medical or other conditions that would impair my ability to participate in the Activities. I certify that the answers to the questions outlined on the PAR-Q form are true and complete to the best of my knowledge. If at any time I believe that I am no longer in proper physical condition to participate in the Activities, I will immediately discontinue further participation in the Activities and will speak with my physician before resuming participation in the Activities. I understand and agree that it is my responsibility to inform Underdog Training Club Inc. of any conditions or changes in my health, both now and on an ongoing basis, which might affect my ability to participate in the Activities safely and with minimal risk of injury.
I understand that I am not obligated to perform nor participate in any of the Activities that I do not wish to do, and that it is my right to refuse such participation at any time during my training sessions.
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I understand that my trainer may occasionally be required to touch my muscles or joints to correct alignment and/or focus my concentration on a particular muscle area to be targeted. I understand that when I meet with my trainer, they will ask me whether I consent to physical touch for these purposes and I will advise them of whether I will permit this touch. I understand that I can withdraw my consent to this physical touching at any time, for any reason. If I feel uncomfortable or experience any type of discomfort with this form of touch, I agree to immediately bring it to the attention of Underdog Training Club Inc. so as to allow Underdog Training Club Inc. to take appropriate action.
I understand that Underdog Training Club Inc. photographs many of its sessions and I provide Underdog Training Club Inc. with the absolute right and permission to use these images for any lawful promotional, advertising, or marketing purpose. I understand and acknowledge that I do not own any such photographs and that any such photographs are the property of Underdog Training Club Inc. only and that I shall not have any rights to these photographs, in any capacity.
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This Agreement constitutes the entire agreement between Underdog Training Club Inc. and me with respect to the subject matter and my release and waiver of all possible claims against Underdog Training Club Inc. and the Releasees related to the Activities, and such release and waiver supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Activities and any activity I may undertake during any interaction with Underdog Training Club Inc.. If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall enure to the benefit of me and my heirs and next-of-kin, and Underdog Training Club Inc. and the Releasees, and their successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of the Province of Ontario, and I hereby consent to the exclusive jurisdiction of such courts.