OSHAWA BJJ WAIVER & ACKNOWLEDGEMENT AND RELEASE

             WAIVER & ACKNOWLEDGEMENT AND RELEASE

             In signing this document you are waiving the right to bring a court action to recover compensation or obtain any other remedy for; personal injuries, damage to property, loss of property, accident of any kind, death, arising out of your use of 12877121 Canada Inc. here-after referred to as Oshawa BJJ and Fitness. This includes Oshawa BJJ and Fitness’s: facilities, equipment, your participation in classes, or activities sponsored by Oshawa BJJ and Fitness (including but not limited to tournaments, boot camps, seminars, clinics, workshops, martial arts classes, and special events), whether supervised or unsupervised. You must be 18 years of age or older to sign this Acknowledgement and Release, otherwise a parent or guardian must sign on your behalf.

ACKNOWLEDGEMENT AND RELEASE

              Oshawa BJJ and Fitness operates facilities (“Gym”) and equipment located at 1160 Simcoe Street South, and may provide classes or activities whether supervised or unsupervised by Oshawa BJJ’s employees or agents (collectively the “Gym Activities”).

AND WHEREAS an essential condition for Oshawa BJJ and Fitness permitting me to use its facilities and/or participate in Gym Activities, I have agreed to give this Acknowledgement and Release.

NOW THEREFORE, IN CONSIDERATION of Oshawa BJJ and Fitness permitting me to use the Gym and participate in Gym Activities, I, for myself, my personal representatives, assigns, and heirs:

(1) ACKNOWLEDGE, agree and represent that I understand the nature of the Gym and Gym Activities that I am in good health and in proper physical condition to use the Gym and participate in Gym Activities.

(2) I fully understand that;

 A). The Gym and Gym Activities may involve serious risks and dangers of serious bodily injury, including permanent disability, paralysis, infectious diseases, and death (the “risks”).

B). These risks may be caused by my own action, the actions or inactions of others using the Gym or participating in the Gym Activities, the condition of the Gym or the condition in which the Gym Activities take place, or the negligence of the releases listed below and the following page.

C). There may be other special or unusual risks associated with the Gym or Gym Activities, including social or economic losses, either known to me or not readily foreseeable at this time: AND

I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR ALL LOSSES, COSTS, AND DAMAGES I MAY INCUR AS A RESULT OF MY USE OF THE GYM OR MY PARTICIPATION IN THE GYM ACTIVITIES BOTH NOW AND IN THE FUTURE.

(3) AGREE AND WARRANT that I will examine and inspect all gym equipment and each Gym Activity in which I take part and that, if I observe any condition which I consider to be hazardous or dangerous, I will notify the proper authority in charge of the Gym or Gym Activities, as the context requires, and will refuse to use such equipment or take part in such Gym Activities until the condition has been corrected to my satisfaction.

(4) HEREBY RELEASE, discharge and covenant not to sue Oshawa BJJ and Fitness, its officers, directors, shareholders, employees, volunteers, instructors, participants in Gym Activities, users of the Gym, assigns, owners and lessors of the facility where the Gym is located, all designers, manufacturers and installers of equipment and other fixtures located at the Gym’s facilities(collectively referred to as the “releases”) from all liability, claims, causes of action, demands, losses or damages on my account caused, or alleged to have been caused, by in whole or in part by my use of the Gym, my participation in Gym Activities or the negligence of the releases or otherwise. I further agree that if despite executing this acknowledgement and release I or anyone on my behalf, makes a claim against any of the releases, whether directly or indirectly, I will indemnify, save and hold harmless each of the releases from any litigation expense, solicitor fee, loss, liability, damage or cost which may be incurred as a result of such claim.

(5) CHOICE OF LAW AND ATTORNMENT- This acknowledgement and release shall be governed by and construed in accordance with the laws of the province of Ontario and the laws of Canada applicable within. I agree that the courts of the province of Ontario will have exclusive jurisdiction to determine all disputes and claims arising between the parties.

(6) SUCCESSORS AND ASSIGNS- This acknowledgement and release shall be binding upon myself, my personal representatives, assigns, and heirs and shall endure the benefit of Oshawa BJJ and Fitness and its respective heirs, executors, administrators, directors, successors, assigns and legal representatives.

(7) I understand and agree that as a club member, instructor, employee, or visitor I may be photographed, videotaped, contacted by email or other means, or have my likeness recorded by other means and used for commercial purposes including but not limited to marketing, instructional products, and internet applications. I also understand and agree that all pictures, videos, and other recordings done inside Oshawa BJJ and Fitness’s facilities are the intellectual property of Oshawa BJJ and Fitness. As such, permission to use said pictures, videos, and other recordings, can be granted and withdrawn by Oshawa BJJ and Fitness at anytime.

I have read this acknowledgement and release ( 2 pages) fully understand its terms and understand that I have given up substantial rights by signing it, and have signed it freely and without any inducement or assistance of any nature and intend it to be irrevocable and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this acknowledgement and release is held to be invalid, the balance of the acknowledgement and release shall continue in full force and effect.

Dated in Oshawa, on (dd/mm/yyyy): {sign_date} 

Name of participant: {name}

Name of person signing: