Release & Waiver
Release, Waiver and Indemnity Agreement
PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCEPTING THIS AGREEMENT, YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
In consideration of your participation (the “Participant”) in courses, classes, consultations, workshops, training programs or other related activities (collectively, the “Programs”) offered by Canine Handler Fitness Ltd. (the “Company”), you acknowledge and agree to the following Release, Waiver and Indemnity Agreement (the “Release”).
1. Acknowledgement of Risk
The Participant understands and acknowledges that participation in fitness, exercise, training and related activities involves inherent risks.
These risks may include, without limitation, property damage, bodily injury, illness, permanent disability or death.
Such risks may arise from the Participant’s own actions or inactions, the actions or inactions of others, the condition of premises or equipment, environmental or weather conditions, the nature of the activities being performed, or other circumstances that may not presently be known or reasonably foreseeable.
The Participant acknowledges that these risks cannot be completely eliminated without changing the essential nature of the Programs.
2. Voluntary Participation & Assumption of Risk
The Participant voluntarily chooses to participate in the Programs with knowledge of the risks associated with doing so.
The Participant knowingly and voluntarily assumes responsibility for all risks associated with their participation, whether known or unknown and whether reasonably foreseeable or not.
The Participant accepts personal responsibility for any loss, damage, expense, injury, illness, disability or other consequence arising from their participation in the Programs, to the extent permitted by applicable law.
3. Physical Condition & Medical Responsibility
The Participant represents that they are in appropriate physical condition to participate safely in the Programs.
The Participant acknowledges that it is their responsibility to disclose relevant limitations and seek appropriate medical or healthcare advice before participating where necessary.
The Participant confirms that they have no known medical or physical condition that would make participation unsafe unless that condition has been appropriately addressed with a qualified healthcare professional.
The Participant understands that Canine Handler Fitness does not provide medical advice and that participation in a Program is not a substitute for professional medical assessment, diagnosis or treatment.
4. Equipment & Safe Participation
Where equipment is used as part of a Program, the Participant is responsible for using that equipment safely and according to any instructions provided.
The Participant agrees to exercise reasonable care and immediately stop an activity if they believe continuing would create an unreasonable risk to themselves or others.
5. Release & Waiver of Claims
To the maximum extent permitted by applicable law, the Participant, on behalf of themselves and their heirs, next of kin, executors, administrators, assigns and representatives, releases and waives claims against Canine Handler Fitness Ltd. and its partners, officers, directors, employees, independent contractors, agents, representatives and affiliates (collectively, the “Releasees”) arising from or relating to participation in the Programs.
This includes claims relating to injury, illness, disability, death or property damage arising from or connected with participation in the Programs, including claims arising from negligence, breach of a duty of care, breach of contract or other acts or omissions of the Releasees, to the extent such claims may lawfully be released.
6. Indemnification
The Participant agrees, to the extent permitted by applicable law, to hold harmless and indemnify the Releasees from claims brought by a third party arising from or relating to the Participant’s participation in the Programs or the Participant’s acts or omissions while participating.
7. Insurance
The Participant acknowledges that they are responsible for maintaining any health, medical, property or other insurance they consider necessary or appropriate in connection with participation in the Programs.
The Participant understands that Canine Handler Fitness does not provide insurance coverage for the Participant’s personal injuries, medical expenses or property.
8. Photography & Video
Where photographs or video recordings are taken during Programs, Canine Handler Fitness may request permission to use those photographs or recordings for promotional, educational or commercial purposes.
9. No Reliance on Other Representations
The Participant acknowledges that they are voluntarily entering into this Release and are not relying on representations concerning the safety of participating in the Programs other than representations expressly contained in this Release.
10. Binding Effect
This Release is binding upon the Participant and their heirs, next of kin, executors, administrators, assigns and representatives and will benefit the Company and the other Releasees and their respective successors and permitted assigns.
11. Governing Law
This Release is intended to be as broad and inclusive as permitted by the laws of the Province of Alberta.
It will be governed by and interpreted in accordance with the laws of Alberta and the applicable laws of Canada.
If any provision of this Release is determined to be invalid, illegal or unenforceable, the remaining provisions will continue in full force and effect to the maximum extent permitted by law.
12. Dispute Resolution
Any dispute arising under this Release will be resolved in accordance with applicable Alberta law.
Where arbitration applies, arbitration will take place in Calgary, Alberta, Canada, in the English language before a single arbitrator and will be conducted confidentially.
13. Acknowledgement
By accepting this Release, the Participant confirms that:
- they have read the entire document;
- they understand its contents;
- they understand that participation in physical activity involves risk;
- they understand that they are giving up certain legal rights;
- they have had sufficient opportunity to obtain independent legal advice; and
- they voluntarily agree to be bound by its terms.
