WAIVER, ASSUMPTION OF RISK, RELEASE OF LIABILITY AND
PARTICIPANT AGREEMENT
PLEASE READ CAREFULLY THIS IS A LEGALLY BINDING AGREEMENT IT
AFFECTS YOUR LEGAL RIGHTS INCLUDING YOUR RIGHT TO SUE
By creating an account, purchasing or booking any service, entering or using Canergy Prima’s premises, or participating in any class, program, event, private or semi-private session, workshop, training session, or other activity offered, organized, hosted, or made available by Canergy Prima (collectively, the “Activities”), I acknowledge that I have read, understood, and voluntarily agree to the following terms.
1. HEALTH AND FITNESS TO PARTICIPATE
I understand that the Activities may involve physical exertion, strength, flexibility, balance, cardiovascular exercise, stretching, repetitive movement, and the use of Pilates reformers and other fitness equipment.
I am responsible for determining whether I am physically and medically able to participate safely. I agree not to participate if I know or reasonably believe that participation would pose an unreasonable risk to my health or safety.
I understand that Canergy Prima and its instructors do not provide medical advice, diagnosis, treatment, rehabilitation, or medical clearance. I am responsible for consulting an appropriate qualified healthcare professional before participating where appropriate or if I have any concerns regarding my ability to participate safely.
I understand that my participation is voluntary and that I may stop participating at any time.
2. PREGNANCY, INJURY, SURGERY AND MEDICAL CONDITIONS
I agree to inform the instructor before participating if I am pregnant, have recently undergone surgery, have an injury, medical condition, physical limitation, or other circumstance that may reasonably affect my ability to participate safely.
Where appropriate, an instructor may suggest modifications or alternatives. I understand that any such suggestion is provided solely as general fitness instruction, is not medical advice, and does not constitute medical clearance or a determination that participation is safe for me.
I remain responsible for monitoring my physical condition and participating within my own abilities and limitations.
I agree to stop participating and notify the instructor if I experience pain, dizziness, faintness, unusual shortness of breath, significant discomfort, loss of balance, weakness, or any other symptom that causes concern.
3. ACKNOWLEDGMENT AND ASSUMPTION OF RISK
I understand and acknowledge that physical exercise and participation in the Activities involve inherent, foreseeable, and other risks that cannot be completely eliminated, even when reasonable care, instruction, supervision, maintenance, and precautions are provided.
Such risks may include, without limitation:
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slips, trips, and falls;
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muscle strains, sprains, tears, fractures, bruising, and other physical injuries;
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back, neck, joint, or musculoskeletal injuries;
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loss of balance, coordination, or control;
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overexertion, fatigue, dizziness, fainting, nausea, or unexpected physical reactions;
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cardiovascular or other medical events;
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aggravation, recurrence, or worsening of a pre-existing, latent, or previously unknown injury, medical condition, or physical limitation;
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improper, unintended, or excessive movement;
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contact or collision with other participants, instructors, equipment, furniture, fixtures, or other objects;
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risks associated with Pilates reformers, springs, straps, ropes, bars, platforms, carriages, weights, resistance equipment, mats, and other fitness equipment;
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unexpected movement, shifting, slipping, malfunction, breakage, or failure of equipment;
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risks arising from entering, leaving, walking through, or otherwise using the premises, including floors, stairs, entrances, exits, change areas, washrooms, and common areas;
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acts, omissions, errors, or conduct of other participants, guests, visitors, or third parties; and
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other risks ordinarily associated with fitness facilities, physical exercise, Pilates, yoga, and related activities.
I understand that injuries may be minor, serious, permanent, disabling, or, in rare circumstances, fatal.
I knowingly and voluntarily accept and assume all risks associated with my participation in the Activities and my presence at or use of Canergy Prima’s premises, facilities, and equipment, whether such risks are known or unknown, foreseeable or unforeseeable, to the fullest extent permitted by applicable law.
4. RELEASE AND WAIVER OF LIABILITY
In consideration of being permitted to enter or use the premises or participate in the Activities, I agree, to the fullest extent permitted by applicable law, to RELEASE, WAIVE AND DISCHARGE Canergy Prima and its current and former owners, directors, officers, employees, instructors, independent contractors, agents, representatives, affiliates, successors and assigns, together with the owners, landlords, property managers, and operators of premises used in connection with the Activities (collectively, the “Released Parties”), from claims, demands, actions, causes of action, proceedings, liabilities, damages, losses, costs, and expenses arising out of or relating to:
(a) my participation or attempted participation in any Activity;
(b) my presence at, entry onto, exit from, or use of the premises;
(c) my use or attempted use of any equipment, facility, amenity, or other property;
(d) any injury, illness, medical event, disability, death, property loss, or property damage arising in connection with the foregoing; or
(e) the acts or omissions of another participant, guest, visitor, or third party,
INCLUDING, TO THE FULLEST EXTENT PERMITTED BY LAW, CLAIMS ARISING FROM THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES.
Without limiting the foregoing, this release includes claims alleging negligent instruction, coaching, supervision, monitoring, inspection, maintenance, repair, equipment selection or setup, failure to warn, failure to identify or correct a hazard, premises conditions, or other negligent acts or omissions of the Released Parties.
I understand that this provision is intended to release claims that I might otherwise have against one or more of the Released Parties, including certain claims based on negligence.
Nothing in this Agreement is intended to exclude or limit any liability that cannot lawfully be excluded or limited.
5. EQUIPMENT USE AND SAFETY
I understand that Pilates reformers and other exercise equipment contain moving parts, springs, resistance mechanisms, straps, ropes, bars, platforms, carriages, and other components that may cause injury if used incorrectly or unexpectedly.
I agree to:
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use equipment only for its intended purpose;
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follow instructor directions and posted safety rules;
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use equipment only in a manner appropriate to my experience and ability;
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refrain from adjusting, operating, or using equipment in an unauthorized manner;
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immediately stop using equipment that appears damaged, defective, unstable, or unsafe; and
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promptly report any apparent defect, damage, malfunction, or unsafe condition to Canergy Prima staff or an instructor.
I understand that I must not use equipment before, after, or outside a scheduled Activity without authorization where instructor supervision or authorization is required.
If I disregard instructions, use equipment without authorization, or perform movements contrary to or materially beyond the instructions provided, I understand that I do so at my own risk.
6. PARTICIPANT CONDUCT AND RESPONSIBILITY
I agree to comply with reasonable studio rules, class protocols, safety requirements, and staff and instructor directions.
I will act reasonably and responsibly and take reasonable care for my own safety, the safety of others, and studio property.
I will not intentionally, recklessly, or negligently misuse equipment or engage in conduct that could reasonably cause injury, loss, or property damage.
To the fullest extent permitted by applicable law, I agree to be responsible for losses, damages, costs, or third-party claims arising directly from my own negligent, reckless, intentional, or unauthorized conduct.
Canergy Prima may restrict or discontinue my participation where it reasonably believes that my conduct presents a safety risk to myself or others.
7. EMERGENCY MEDICAL ASSISTANCE
If I become injured, ill, unconscious, or otherwise unable to make an immediate decision during an Activity or while on the premises, I authorize Canergy Prima staff or instructors to contact emergency medical services where they reasonably consider it appropriate.
I understand that Canergy Prima staff and instructors are not medical professionals merely by virtue of their role at Canergy Prima and are not responsible for providing medical diagnosis or treatment.
I acknowledge that I am responsible for medical, ambulance, hospital, or other emergency expenses incurred on my behalf, except to the extent otherwise required by applicable law.
8. COMMUNICABLE ILLNESS
I agree not to attend or participate in an Activity when I know or reasonably believe that I have a contagious illness that may create an unreasonable risk to other participants or staff.
I understand that participation in group fitness activities and attendance at shared facilities may involve exposure to communicable illnesses despite reasonable cleaning and safety practices.
9. PERSONAL PROPERTY
I am solely responsible for personal belongings that I bring onto Canergy Prima’s premises.
To the fullest extent permitted by applicable law, the Released Parties are not responsible for loss, theft, disappearance, or damage to personal property brought onto or left at the premises.
10. NO GUARANTEE OF RESULTS
I understand that individual responses and results from fitness, Pilates, yoga, wellness, and related Activities vary.
Canergy Prima makes no representation, warranty, or guarantee that participation will produce any particular fitness, physical, health, rehabilitation, aesthetic, or wellness outcome.
Fitness instruction, modifications, suggestions, and general wellness information provided by Canergy Prima or its instructors are not substitutes for professional medical advice, diagnosis, treatment, or rehabilitation.
11. INFORMATION PROVIDED BY PARTICIPANT
I confirm that information I voluntarily provide to Canergy Prima concerning matters relevant to my safe participation will, to the best of my knowledge, be accurate and not intentionally misleading.
I understand that Canergy Prima and its instructors may rely on information that I provide when determining whether to suggest modifications or other reasonable safety measures.
I remain responsible for informing the instructor of material changes that may reasonably affect my ability to participate safely.
13. CONTINUING APPLICATION
Unless Canergy Prima requires a new waiver or applicable law requires otherwise, this Agreement applies to my current and future participation in the Activities and my current and future use of Canergy Prima’s premises, facilities, and equipment.
Canergy Prima may require me to review and accept an updated waiver where the terms of this Agreement or the nature of the Activities materially change.
14. SEVERABILITY
If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, that provision shall be severed or limited to the minimum extent necessary, and the remaining provisions shall continue in full force and effect to the extent permitted by applicable law.
15. GOVERNING LAW
This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada.
16. ACKNOWLEDGMENT AND ELECTRONIC ACCEPTANCE
I confirm that I have been given the opportunity to read this Agreement carefully before participating in the Activities.
I understand the nature of the Activities, the risks described in this Agreement, and the legal effect of the assumption of risk and release and waiver of liability provisions.
I understand that acceptance of this Agreement is a condition of participating in the Activities or using the applicable facilities and services.
By checking the applicable acceptance box, signing electronically or physically, or otherwise expressly accepting this Agreement, I confirm that I voluntarily agree to be bound by its terms.