By clicking the agreement box on the app, you’re agreeing to the following:
the “Participant” -and- COLLECTIVE MOVEMENT, its affiliated organizations, successors and assigns and any person related to or associated with Collective Movement, including, without limitation, all of their respective directors, officers, partners, members, employees, instructors, agents, consultants, volunteers, contractors, and anyone for whom Collective Movement is in law responsible for (all of whom are collectively referred to as the “Releasees”)
RE: REGISTRATION FORM, COLLECTION OF PERSONAL INFORMATION, ASSUMPTION OF RISK, INFORMED CONSENT, RELEASE OF
LIABILITY, VALUABLES AND PERSONAL PROPERTY, WAIVER OF CLAIMS and INDEMNITY AGREEMENT
In consideration of my participation in the Activities at the Premises (both as defined below),
The “Participant”, acknowledge, consent and agree as follows:
1. I understand and consent to Collective Movement collecting and storing my personal information in accordance with
its Privacy Policy which can be found on Collective Movement’s website (www.CollectiveMovement.ca).
2. I fully understand and am aware that there are inherent risks, dangers, and hazards associated with strength training,
aerobic exercise, weight training, use of fitness equipment, fitness activities and step classes (collectively the
“Activities”) which may take place at the premises of Collective Movement (the “Premises”). I understand and agree
that my use of the Premises or participation in the Activities may result in injury or illness to my person, including, but
not limited to, bodily injury, disease, sprains, strains, fractures, partial and/or total paralysis, death or other ailments
that could cause serious disability, and damage to my property (collectively, the “Risks”). I am aware and have full
knowledge of the Risks and freely accept and assume all such Risks that they may be caused by my negligence, the
negligence of the Releasees or the negligence of others, or by accidents, breaches of contract or other causes. I freely
and voluntarily assume all Risks and all responsibility for any loss or damage which may arise out of or in connection
with my participation in the Activities or use of the Premises, whether caused in whole or part by my negligence, the
negligence of the Releasees or any other person.
3. In consideration of my use of the Premises and participation in the Activities, I WAIVE ANY AND ALL CLAIMS against
each and every one of the Releasees, and to REMISE, RELEASE AND FOREVER DISCHARGE EACH AND EVERYONE OF
THE RELEASEES from any and all demands, losses, claims, costs, damages, expenses and liabilities for any loss,
damage, expense or injury, including death, the Participant may suffer as a result of the Participant’s participation in
the Activities or use of the Premises, or my presence, at, in or near the Premises, howsoever arising, including, to the
extent permitted by law, NEGLIGENCE, BREACH OF CONTRACT, BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE,
INCLUDING ANY DUTY OWED UNDER THE OCCUPIERS’ LIABILITY ACT (ONTARIO), ON THE PART OF ONE OR MORE OF
THE RELEASEES, AND FURTHER INCLUDING THE FAILURE BY ONE OR MORE OF THE RELEASEES TO SAFEGUARD OR
PROTECT THE PARTICIPANT FROM THE RISKS, DANGERS, AND HAZARDS OF THE ACTIVITIES (AS DEFINED ABOVE).
4. I agree to HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all actions, losses, claims, costs, damages,
expenses, and liabilities (including legal fees) which may be suffered or incurred by one or more of the Releasees
arising out of or as a result of or relating in any manner whatsoever to any injury to persons (including injuries
resulting in death) and/or loss of or damage to property, in connection with my participation in the Activities or use of
the Premises, or my presence, at, in or near the Premises, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES
OR OTHERWISE.
5. VALUABLES AND PERSONAL PROPERTY: I acknowledge that I have been urged to avoid bringing valuables onto the
Premises and that the Releasees shall not be liable for the loss of, theft of, or damage to my personal property,
including items left in lockers, bathrooms, studios, or anywhere else in the Premises. I acknowledge that no portion of
any fees paid by me is in consideration for the safeguarding of valuables.
6. By participating in the Activities, I grant the Releasees the right to take my photograph or video and/or use my name,
likeness or any other identification for advertising, marketing, publicity, instructional or other purposes in connection
with the Activities and/or Premises and/or any related activity of any of the Releasees, in any medium, at any time
and from time to time, without compensation and without my right of prior review or approval (except where
prohibited by law).
7. I am not relying on any oral or written representation of the Releasees other than what is set forth in this Agreement.
This Agreement represents the entire agreement with respect to the use of the Premises and participation in the
Activities. This Agreement shall be interpreted in accordance with the law of the Province of Ontario, and the parties
attorn to the exclusive jurisdiction of the Court having competent jurisdiction in the City of Ottawa, in the Province of
Ontario. This Agreement shall enure to the benefit of the respective heirs, next of kin, executors, administrators,
successors, and assigns of the Releasees and shall be binding on the Participant and his/her heirs, next of kin,
executors, administrators, legal personal representatives, successors and assigns.
8. I, as Participant, have had sufficient time to read and understand this Agreement and all schedules thereto and I am
aware that by signing this Agreement I am voluntarily waiving certain legal rights, which I or my Legal Representatives,
may have against the Releasees.