Team Participant Declaration

I understand and agree that all rates for participation in the Activities are based on sixty (60) minute sessions and that should I arrive late for my scheduled session, I will not receive the full sixty (60) minutes with my trainer. Conversely, if my Trainer is late for my scheduled session, I will still receive the full sixty (60) minute session.

I understand and agree that The Exercise Lab bills its clients on a pre-paid basis. Once my team has decided upon the type of training package and payment plan that I will purchase, I agree to make payment in full prior to the sessions being conducted. Credit cards, cash, and cheques made payable to The Exercise Lab Inc. are all accepted.

I understand and agree that should my trainer or instructor fall ill or be out of office for any reason, another trainer may be assigned to me, at my teams request, so that my fitness progress does not suffer. I further understand that if my trainer was to no longer work at The Exercise Lab, another trainer will be assigned to me.
I understand that all training sessions are non-refundable.

2 - ASSUMPTION OF RISKS

I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES INVOLVE MANY RISKS, DANGERS, AND HAZARDS, INCLUDING BUT NOT LIMITED TO THE RISK OF PROPERTY DAMAGE, SERIOUS INJURY, DEATH. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES, NOTWITHSTANDING THESE ASSOCIATED RISKS. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS, AND HAZARDS INVOLVED AND THE POSSIBILITY OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE EXERCISE LAB OR OTHERWISE.

I hereby expressly waive and release any and all claims which I have or may in the future have against The Exercise Lab and any of its affiliates, directors, officers, contractors, employees, agents, representatives, shareholders, successors, and assigns (collectively, "Releasees"), on account of injury, death, or property damage arising out of or attributable to my participation in the Activities, due to any cause whatsoever, including without limitation the negligence of The Exercise Lab or any other Releasee, breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation or otherwise. I covenant not to make or bring any such claim against The Exercise Lab or any other Releasee, and forever release and discharge The Exercise Lab and all other Releasees from liability under such claims. I further covenant that if any equipment used in the Activities does not seem to be properly functioning, I will immediately cease use and advise The Exercise Lab of such malfunction for the purposes of inspection and possible repair or adjustment.

3 - I confirm that I am in good health, in proper physical condition, and do not have any medical or other conditions that would impair my ability to participate in the Activities. I certify that the answers to the questions outlined on the PAR-Q form are true and complete to the best of my knowledge. If at any time I believe that I am no longer in proper physical condition to participate in the Activities, I will immediately discontinue further participation in the Activities and will speak with my physician before resuming participation in the Activities. I understand and agree that it is my responsibility to inform The Exercise Lab of any conditions or changes in my health, both now and on an ongoing basis, which might affect my ability to participate in the Activities safely and with minimal risk of injury.

4 - I understand that I am not obligated to perform nor participate in any of the Activities that I do not wish to do, and that it is my right to refuse such participation at any time during my training sessions.

5 - I understand that my trainer or instructor may occasionally be required to touch my muscles or joints to correct alignment and/or focus my concentration on a particular muscle area to be targeted. I understand that when I meet with my trainer, they will ask me whether I consent to physical touch for these purposes and I will advise them of whether I will permit this touch. I understand that I can withdraw my consent to this physical touching at any time, for any reason. If I feel uncomfortable or experience any type of discomfort with this form of touch, I agree to immediately bring it to the attention of The Exercise Lab so as to allow The Exercise Lab to take appropriate action.

6 - I understand that The Exercise Lab photographs many of its sessions and I provide The Exercise Lab with the absolute right and permission to use these images for any lawful promotional, advertising, or marketing purpose. I understand and acknowledge that I do not own any such photographs and that any such photographs are the property of The Exercise Lab only and that I shall not have any rights to these photographs, in any capacity.

This Agreement constitutes the entire agreement between The Exercise Lab and me with respect to the subject matter and my release and waiver of all possible claims against The Exercise Lab and the Releasees related to the Activities, and such release and waiver supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Activities and any activity I may undertake during any interaction with The Exercise Lab. 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 Exercise Lab and the Releasees, and their 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 applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of the Province of Ontario, and I hereby consent to the exclusive jurisdiction of such courts.

If one or more of the provisions of this Agreement shall be invalid, illegal or unenforceable in any respect under Ontario law, the validity, legality and enforceability of the remaining provisions contained herein or therein shall not in any way be affected or impaired.

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 THE EXERCISE LAB AND THE RELEASEES.