MANDATORY ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT * DECLARATIONS: This Agreement is entered into between Iron Oasis Gym (“private gym”) and the undersigned (“Client”). The provision of personal gym services by Owner (Johnathan Helou) or Trainer (private agent not under employment by the Iron Oasis Gym), to Client, and Client’s use of any premises, facilities or equipment are contingent upon this Agreement.
ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including personal training, or enter our premises or use any facility or equipment on our premises for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by Trainer or otherwise, including injuries or damages arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns.
Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment.
You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavor.
You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Trainer or otherwise.
FINANCIAL: All financial information must be provided to PayPal, who is solely responsible for the safety and security of the financial information. Iron Oasis Gym neither stores nor has access to any financial information at any time and will not be held responsible for any use, disclosure or access to financial information by PayPal, its agents or other entities. Iron Oasis Gym will periodically request payment for agreed upon gym services on Client’s behalf. If Client wishes to discontinue services, private gym will cease to request future payments within 7 days after receipt of notification of such desire. Client will retain access to the private gym for any time remaining until the purchased membership expires. At the sole discretion of Iron Oasis Gym, prorated refunds may be calculated but are not guaranteed for any interruptions in accessibility. All access to the gym facilities is on a first-come first-served basis and access at any specific time is not guaranteed.
RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Iron Oasis, Johnathan Helou, and Trainer’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns.
This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of the facility or premises.
INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless private gym and Owner from any loss, liability, damage, or cost a customer may incur due to the provision of personal training by Trainer to you or personal use of private gym for private rental.
ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the laws of Ontario Canada and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
You acknowledge that Trainer, private gym, and Owner offers a service to his/her clients encompassing the entire recreational and/or fitness spectrum. Trainer, private gym and Owner is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Trainer, private gym or Owner.
You acknowledge and agree that Trainer, private gym nor Owner does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement.
You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against trainer for Trainer’s negligence, or for any defective product used while receiving personal training from Trainer. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.
Furthermore, you assume the responsibility to any damages done to equipment within reasonable evidence of doing so. The Owner will not be held liable for any broken equipment that is caused or occurs during your session.
