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Assumption of Risks

I am aware that exercising, weightlifting, attending fitness classes, and participating generally at Boreal Fitness Facility involves risks, dangers and hazards (collectively called “risks”), including but not limited to: exercising, weightlifting, stretching, biking, group fitness, any type of physical exertion, participation in instructional classes, use of equipment, use of washroom, equipment failure or malfunction, theft or loss of personal property, negligence of other participants, negligence on the part of Boreal Fitness Facility, or its staff. I am also aware that the Risks referred to above exist throughout Boreal Fitness Facility. I freely accept and fully assume all such Risks and the possibility of personal injury, death, property damage or loss resulting thereof.

Release of Liability, Waiver of Claims and Indemnity Agreement

In consideration of Boreal Fitness Facility, accepting my membership application and agreement for membership to use its facilities (hereinafter referred to as “the Facility”), I hereby agree as follows:

1.      To exercise the utmost care and caution for my own personal health and safety and that of others and to read and follow strictly all rules, regulations and directions of Boreal Fitness Facility while I am present at or near the Facility.

2.      To waive any and all claims that I have or may have in the future against Boreal Fitness Facility and their respective officers, employees, agents and representatives (all of whom are hereby collectively referred to as the “the Releasees”). And to release the Releasees from any and all liability for any loss, damage, injury or expense that I may suffer as a result of my use of or presence at the Facility due to any cause whatsoever, including negligence, breach of contract, or breach of statutory or other duty of care on the part of the Releasees.

3.      To hold harmless and indemnify the Releasees from any and all liability for any damage to property of, or personal injury to, any third party resulting from any use or presence at the Facility;

4.      This agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;

5.      This agreement shall be governed by, and interpreted in accordance with laws in the Yukon Territory; and

6.      Any litigation involving the parties to this agreement shall be brought within the Yukon Territory.

In entering into this agreement, I am not relying upon any oral or written representations or statements made by the Releasees other than that which is set forth in this Agreement.

I have read and understand this agreement and I am aware that by signing this agreement I am waving certain legal rights including the right to sue which I or my heirs, next of kin, executors, administrators, assigns and representatives may have against the Releasees.