PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Windsor Circus School Inc., their agents, owners, officers, volunteers, participants, employees, independent contractors, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "WCS"), I hereby agree to release, indemnify, and discharge WCS, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in aerial arts, trapeze, yoga and other various discisplines entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: slips and falls; falling from equipment; rope burns; pinches, scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions, or even more severe life threatening hazards; strains, cuts, bruises, muscle soreness, tears and fractures; musculoskeletal injuries including head, neck, and back; injuries to internal organs; the negligence of other people; the negligence of other participants, or other persons who may be present; my own physical condition; and the risk of emotional and psychological injuries or physical damage associated with this activity. Traveling to and from shows, meets and exhibitions can raise the possibility of any manner of transportation accidents. In any event, if you or your child is injured, any medical assistance is at your own expense.
I understand and expressly agree that my use of this Windsor Circus School facility involves the risk of injury to me or my guest whether caused by me or not. I understand that these risks are inherent in physical activity and my use of the facilities can range from minor injuries to major injuries, including death. In consideration of my participation in the activities and use of the facilities, equipment and services offered by Windsor Circus School and such use by my guests, if applicable, I understand and voluntarily accept full responsibility on my behalf and on my guest’s behalf for the risk of injury or loss arising out of or related to my use or my guest’s use of the facilities including, without limitation, equipment, personal training, aerial apparatus and participation in FITpass or FITpass Black, FITclasses, enrollments, workshops, events, or other exercise programs or use of other services, equipment and/or programs offered to members. I further agree that Windsor Circus School and its parents, subsidiaries, affiliates and the officers, directors, shareholders, employees, managers, members, agents and independent contractors of such entities will not be liable for any injury including, without limitation, personal, bodily, or mental injury, disability, death, economic loss or any damage to me, my spouse or domestic partner, guests, unborn children, heirs or relatives resulting from the negligent conduct or omission of Windsor Circus School or anyone acting on its behalf, whether related to exercise or not. Accordingly, to the fullest extent permitted by law, I do hereby forever release, waive and discharge Windsor Circus School and its parents, subsidiaries and affiliates from any and all claims, demands, injuries, damages, actions or causes of action related to my use or my guest’s use of the facility (collectively, “Claims”) against Windsor Circus School or anyone acting on its behalf, and hereby agree to defend, indemnify and hold harmless Windsor Circus School and its parents, subsidiaries and affiliates from and against any such Claims, including Claims made by my guests. I further understand and acknowledge that Windsor Circus School and its parents, subsidiaries and affiliates do not manufacture fitness or other equipment or products available in their facilities and therefore make no warranties and will not be held liable for defective equipment or products. I understand that I am not obligated to agree to this agreement. I understand my release of liability, assumption of risk and agreement to indemnify, defend and hold harmless and I have been given the opportunity to review and ask questions related to my use of the facilities, equipment, as well as my participation in exercise programs or other services and programs offered to members. I agree to comply with Windsor Circus School’s policies and school rules, available at windsorcircusschool.com/policies, that may be communicated to me from time to time, whether in writing, electronically, through School signage or verbally. Windsor Circus School may, in its sole discretion, modify any policy or School rule at any time and from time to time without advance notice. Windsor Circus School reserves the right, in its sole discretion, to refund the pro-rated cost of unused services and terminate my membership immediately for violation of any membership policy or School rule.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless WCS from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of WCS’s equipment or facilities, including any such claims which allege egligent acts or omissions of WCS.
4. Should WCS or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against WCS, I agree to do so solely in the province of Ontario, and I further agree that the substantive law of that province shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
I further agree that if I am signing up my Minor Child "Minor", the Minor is being permitted by WCS to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless WCS from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.
I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against WCS on the basis of any claim from which I have released them herein.
I acknowledge that my or my child's photo may be taken while attending any activity with Windsor Circus School. I agree that these photos may be used in any advertising media WCS chooses to use. I understand that if I do not want my or my child's photo to be used, I may ask WCS management to not use photos of myself or my child.
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. By clicking the agreement checkbox, I acknowledge and agree to all of the terms contained in this agreement. I agree to receive commercial electronic messages from Windsor Circus School and its partners.