WaterWays Aquafitness Registration Waiver

Waiver and Informed Consent

STANDARD PROGRAM WAIVER for 2007: Informed Consent Agreement Acknowledgement of risk and release of liability:
Thank-you for requesting information on the WaterWays Fitness AQUAFIT PROGRAM (referred to as the “Program”). We request your understanding and co-operation in maintaining both your safety and health by reading and signing the following Informed Consent Agreement. Every person must read and understand this waiver before participating.

The following waiver of all claims, release from all liability, assumption of all risks and other terms of this Agreement are entered into by me (the “participant”) with and for the benefit of: WaterWays Fitness, its directors, officers, employees, subcontractor instructors, volunteers, business operators, agents and site property owners or occupiers. Occupiers is defined in accordance with the definition of Occupiers contained in the Occupiers Liability legislation applicable to the province or territory in which the athletic activities provided by the organization.

1. I understand that each person (myself included) has a different capacity for participating in fitness activities; and I hereby willingly assume such risk of injury or health risk for myself and assume full responsibility during and after my participation in the Athletic Activities/the Program (WaterWays Fitness).

2. I freely accept and fully assume all responsibility for all risks of personal injury, illness, property damage, loss or death resulting from my participation in Athletic Activities/the program. I agree that although the Organization has taken steps to reduce the risks and increase safety of the Athletic Activities/the program, it is not possible for the Organization to make the Athletic Activities/the Program completely safe. I accept these risks and agree to the terms of this waiver even if the Organization is found to be negligent or in breach of any duty of care or any obligation to me in my participation in Athletic Activities/the Program.

3. I am aware that there are inherent & significant risks associated with the participation in Athletic Activities/the Program. I am aware that those risks include but are not limited to the potential for serious personal injury caused by any event or any condition of the facility or equipment where Athletic Activities/the Program are provided by the Organization. I understand the risks are relative to my own state of fitness and health (physical, mental and emotional), and to the awareness, care and skills with which I conduct myself while participating in Athletic Activities/the Program.

4. I acknowledge my obligation to immediately inform the Program instructor if I feel any pain, discomfort, fatigue, nausea or other symptoms that I may suffer during and immediately after my participation. I understand that I may stop participation at any time, and I may be requested to stop by an instructor who observes any symptoms of distress or abnormal response.

5. I confirm I am the age of majority in the province in which I am participating in athletic activities/the Program.

6. In addition to consideration given to the program organizer for my participation in the ‘Program’, I and my heirs, next of kin, executors, administrators and assigns (collectively my legal representatives), agree:
a. to waive all claims that I have or may have in the future against the program instructors, organization, property mangers and site occupiers
b. to release and forever discharge the program instructors, organization, property mangers and site occupiers from all liability for all personal injury, death, property damage, or other loss resulting from my participation in the program due to any cause
c. to be liable and to hold harmless and indemnify the program instructors, organization, property mangers and site occupiers from all actions, proceedings, claims, damages, costs demands including court costs on a solicitor and own client basis, and liabilities of whatsoever nature or kind arising out of or in any way connected with my participation in the program

7. I agree that this waiver and all terms contained within are governed exclusively by the laws of the Province or Territory of Canada and I hereby irrevocably submit to the exclusive jurisdiction of the courts of that Province or Territory.

8. I confirm that I have had sufficient time to read and understand each item and all parts in this waiver in its entirety, and have agreed to the terms freely and voluntarily. I understand that this waiver is binding on myself and my legal representatives.

9. I consent to the use by WaterWays Fitness of each students likeness for publicity purposes (i.e. class photos on website) Participants will be informed when class photos are planned.