Waiver
Terms & Conditions

Consent and Release Agreement for Workout 4 Kids Inc.

Please Read It Carefully

NOTICE: BY ACCEPTING THIS AGREEMENT, YOU ARE WAIVING LEGAL RIGHTS, INCLUDING THE RIGHT TO FILE A LAWSUIT. PLEASE READ THIS DOCUMENT THOROUGHLY.

TO:
Workout 4 Kids Inc. This agreement acknowledges that, in exchange for valuable consideration and the acceptance of the application submitted by the undersigned (or the minor child/ward of the undersigned) for participation in all activities and events associated with Workout 4 Kids Inc. (“Activity”), the undersigned hereby agrees to the following terms:

1. Authority. I am the participant in the Activity or the legal guardian with full authority over decisions concerning the minor child/ward’s participation in the Activity. I acknowledge that, on behalf of myself and my minor child/ward, along with our heirs, assigns, personal representatives, and successors, my signing of this document constitutes an unconditional assumption of all risks, a comprehensive release of liability in favor of the Company, and a waiver of all claims against the company and its respective directors, officers, agents, employees, contractors, affiliates, and representatives (referred to as “Releasees”).

2. Release. I agree to release, and hereby do release, the company its respective directors, officers, agents, employees, contractors, affiliates, and representatives (referred to as “Releasees”) from any and all liability, including personal injury, illness, death, property damage, or any other loss incurred by me or my minor child/ward in connection with, or as a result of, participating in the Activity, regardless of the cause, including negligence on the part of the company or any of the Releasees.

3. Waiver of Claims. I hereby waive, on my own behalf and on behalf of my minor child/ward, any and all claims, current or future, against the Releasees, and agree not to initiate a lawsuit against them for personal injury, illness, death, property damage, or any other loss connected to my or my minor child/ward’s participation in the Activity, regardless of the cause, including negligence on the part of the company or any of the Releasees.

4. Acknowledgment of Risk. I acknowledge that participation in the Activity carries inherent risks, including those associated with physical activity, such as slips, falls, physical contact with others, and equipment or facility malfunctions. I also recognize the potential for my minor child/ward to contract illnesses, including but not limited to COVID-19, through their involvement with the company’s activities or events.

5. Risks Contribute to Enjoyment. I understand that the thrill and enjoyment derived from participating in the Activity are, in part, linked to the inherent risks involved, and these risks enhance the overall experience of the Activity.

6. Assumption of Risks. I hereby accept and assume all dangers and risks associated with my or my minor child/ward’s involvement in the Activity, as well as the potential for personal injury, illness, death, property damage, or loss stemming from any of these, including the risk of contracting COVID-19.
7. Indemnity. I agree to indemnify and protect the company and each of the Releasees from any expenses related to litigation, legal fees, liability, damages, awards, or costs of any nature resulting from any claims made against the company or any Releasee in connection with any claim I have waived herein.

8. Representation of Competence or Fitness. I have verified that I or my minor child/ward is physically, emotionally, and mentally fit for participation in this program. I understand and will instruct my minor child/ward to adhere to all applicable rules for participation. The primary responsibility for my safety or my minor child/ward’s safety remains with me or my minor child/ward at all times. I will immediately discontinue participation and inform the nearest official if I observe any unusual hazards or unsafe conditions or if I perceive any decline in my or my minor child/ward’s physical, emotional, or mental fitness for continued participation in the activity.

9. Image Release. By signing this Agreement, I grant the Company permission to utilize my Image or that of my minor child/ward (referred to as “Image,” including photographs, videos, or other media containing my likeness or my minor child/ward’s likeness) for the Company’s training, marketing, publicity, promotional purposes, portfolio, samples, self-promotions, editorial use, or display on its website or social media accounts. The Company may edit, modify, or combine these Images without prior notification.

10. Privacy & Marketing Consents. I consent to the collection, retention, and use of personal information, including age, skill, ability, address, school details, playing statistics, height, weight, and other personal data, for program development, analytics, and sharing with service providers as needed. This information will be kept confidential and secure in accordance with the Company’s Privacy Policy. I explicitly permit the Company to contact me through various electronic messaging channels for the purpose of providing information about the Company’s programs, services, and events. I understand that I can revoke this consent at any time by notifying the Company.

11.  No Representation. I acknowledge that I am signing this waiver voluntarily and that I am not relying on any statements or representations, whether oral or written, made by the Company or any Releasee to encourage my participation in the Activity or to downplay the associated risks.

12.  Consent to Emergency Treatment. I authorize the Company to provide emergency medical treatment in the best interests of my minor child/ward if I am unavailable to give consent at the time.

13.  Amendment. I agree that this agreement can only be modified if both the Company and I agree to the changes in writing.

14. Binding Agreement. I acknowledge that this Agreement is a legally binding commitment enforceable in accordance with its terms, and it will remain binding on me, my heirs, executors, legal representatives, and personal assigns.

15. Governing Law. This Agreement is governed by the laws of the Province of Ontario and the laws of Canada. Both parties submit to the non-exclusive jurisdiction of the Province of Ontario in connection with this Agreement.

16. Rowans Law. All participants under 26 years of age, parents/guardians of participants under 18 years of age, and coaches must review Ontario’s Concussion Awareness Resources, which can be found at https://www.ontario.ca/page/rowans-law-concussion-safety, https://files.ontario.ca/mhstci-rowans-law-codes-of-conduct-20191120-athletes-en.pdf, or by asking a representative of Workout 4 Kids Inc.. As a parent or guardian or participant 18 years or older, you are required to review and comply with the Concussion Policy and Code of Conduct. I agree to review these resources annually and sign Workout 4 Kids Inc.’s Code of Conduct and acknowledgment form, as required by law.

I confirm that I am 18 years of age, that I have read this Agreement in its entirety, and that I fully comprehend its provisions. I understand that my signature signifies the waiver of my legal rights, including the right to file a lawsuit.

I/We have read, understood, and agreed to abide by the Waiver as outlined above. If you have any questions about the Waiver, please contact us at info@workout4kids.ca.