PLEASE READ THIS AGREEMENT CAREFULLY! BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE BODY CADENCE INC. AND RELATED PARTIES OR CLAIM COMPENSATION.
Do not sign this agreement unless you have read it in its entirety. You are entitled to obtain legal advice and other advice so that you understand this agreement and the consequences of signing it.
In consideration of the pilates services, exercise plans and activities using pilates equipment (collectively, the “Services”) provided by Body Cadence Inc. and its employees, agents, and representatives, and for other good and valuable consideration, I agree to all of the terms and conditions set out in this agreement (“Agreement”). I acknowledge that I have read and agree to Body Cadence Terms and Conditions and Privacy Policy (collectively, the “Policies”) and that the Policies are incorporated herein by reference and form an integral part of this Agreement. If there is any inconsistency between the terms of this Agreement and any terms in the Policies, then, except where a provision of this Agreement states otherwise, this Agreement prevails. However, if a subject is addressed in the Policies and not in this Agreement, then the terms in the Policies prevail. I hereby expressly waive and release any and all claims which I have or may in the future have against Body Cadence Inc., its directors, officers, shareholders, employees, assistants, members, insurers, representatives, agents, successors and assigns, and Sarah Wendling (collectively, “Releasees”) on account of any accidents, injury, damage, or loss which I may suffer, including the death or injury arising out of or attributable to the Services, due to any cause whatsoever, including without limitation the negligence of any of the Releasees, breach of contract, or breach of any statutory or other duty of care. I covenant not to make or bring any such claim against the Releasees, and forever release and discharge the Releasees from liability under such claims, suits, actions, loss, injury or damage of any kind or nature whatsoever in law, equity or otherwise (“Claims”).
I AM AWARE AND UNDERSTAND THAT PARTICIPATION IN CLASSES, SERVICES, AND ACTIVITIES OFFERED BY BODY CADENCE MAY INVOLVE RISK OF SERIOUS INJURY, OR EVEN DEATH. I AM AWARE AND UNDERSTAND THAT THE SERVICES MAY EXPOSE A HIDDEN MEDICAL PROBLEM OR AGGRAVATE AN EXISTING ONE. I HEREBY ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN SUCH ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS, AND HAZARDS INVOLVED AND THE POSSIBILITY OF INJURY, OR DEATH, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE. I SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE RELEASEES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE LEGAL FEES, IN CONNECTION WITH ANY THIRD-PARTY CLAIM, SUIT, ACTION, OR PROCEEDING ARISING OUT OF OR RESULTING FROM THE SERVICES.
This Agreement constitutes the entire agreement of the Releasees and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall enure to the benefit of me and my heirs and next-of-kin, and the Releasees and its successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada as applicable. Any claim or cause of action arising under this Agreement may be brought only in the courts of the Province of Ontario, and I consent to the exclusive jurisdiction of such courts.
I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS, AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE BODY CADENCE INC., THE RELEASEES AND RELATED PARTIES.
By signing below, I indicate I have read this Agreement and agree to its terms, and that this is evidence of my electronic signature which is intended to have the same force and effect as a manual signature.
FURTHER, BY SIGNING BELOW, I (A) ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) AM AT LEAST 18 YEARS OLD; (C) REPRESENT AND WARRANT THAT I HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT; AND (D) ACCEPT THIS AGREEMENT AND AGREE THAT I AM LEGALLY BOUND BY ITS TERMS.
IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
