Participant Agreement and Waiver
Between :
the "Subscriber"
-and-
BALLET BARRE WORKS INC. ("Ballet Beats®") its affiliated organizations, successors and assigns and any persons related to or associated with Ballet Barre Works Inc. (Ballet Beats®), including, without limitation, all of their respective directors, officers, partners, members, employees, instructors agents, consultants, volunteers and contractors (all of whom are collectively referred to as the "Releasees")
RE: REGISTRATION FORM, COLLECTION OF PERSONAL INFORMATION, ASSUMPTION OF RISK,
INFORMED CONSENT, RELEASE OF LIABILITY, WAIVER OF CLAIMS and INDEMNITY AGREEMENT
BY SUBSCRIBING AS A PARTICIPANT OF BALLET BARRE WORKS INC. (BALLET BEATS®), YOU AGREE TO BE BOUND BY THE RULES AND REGULATIONS OF BALLET BARRE WORKS INC. (BALLET BEATS®) AND BY EXECUTING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ CAREFULLY.
I, The Subscriber, acknowledge, consent and agree as follows:
1. I, The Subscriber, understand and consent to Ballet Barre Works Inc. (Ballet Beats®) collecting and storing my personal information. Ballet Barre Works Inc. (Ballet Beats®) uses the information collected to facilitate the provision of our services and to provide a more personalized experience. Ballet Barre Works Inc. (Ballet Beats®) will not disclose the personal information to third parties without your consent to do so. Ballet Barre Works Inc. (Ballet Beats®) reserves the right to disclose personal information if required to do so by law or in the good faith belief that such action is reasonably necessary to comply with legal process, respond to claims or to protect the rights, property or safety of Ballet Barre Works (Ballet Beats®), its clients, service providers, or the public.
2. I fully understand and am aware that there are inherent risks, dangers, and hazards associated with dancing, strength training, aerobic exercise, weight training, use of fitness equipment, and fitness activities (collectively the "Activities") which may take place at the premises of Ballet Barre Works (the "Premises"). My use of the Premises or participation in the Activities may result in injury or illness to my person, including, but not limited to, bodily injury, disease, sprains, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability, and damage to my property (collectively the "Risks"). I am aware of the Risks and that they may be caused by the negligence of the Releasees or the negligence of others, or by accidents, breaches of contract or other causes. I have full knowledge of the nature and extent of the Risks associated with the Activities and the Premises and I freely and voluntarily assume all Risks and all responsibility for any loss or damage which may arise out of or in connection with my participation in the Activities or use of the Premises, whether caused in whole or in part by the negligence of the Releasees or any other person.
3. I am in good physical and mental health. I further acknowledge that the Releasees have encouraged me to consult with, and seek approval from, my physician prior to participating in the Activities or using the Premises. I have been given permission by my physician to participate in the Activities and to use the Premises, or I have voluntarily accepted all the risks of not consulting my physician and have decided to participate in the Activities or to use the Premises without such approval. I release the Releasees from any and all liability and claims for any injuries, disability, death or loss or damage to person or property incurred while participating in the Activities or using the Premises, such having occurred due to or in part due to any and all known or unknown medical conditions, injuries, illnesses, ailments, allergies, or medications.
4. In exchange for my entitlement to use the Premises or to participate in the Activities, I hereby voluntarily release, waive, discharge, hold harmless, defend and indemnify the Releasees from and against any and all claims, actions, losses, injuries, damages, expenses, costs or relief of any nature or kind whatsoever, including but not limited to the Risks, whether in law or in equity, that I or any other person may have, suffer or incur as a result of my participation in the Activities, my use of the Premises or my presence at, in or near the Premises, due to any cause whatsoever, including, but not limited to, negligence, gross negligence, trespass, breach of contract, vicarious liability for any other person’s act or omission, or breach of any statutory or other duty of care, including any duty of care owed under the Occupiers Liability Act, O-4, RSA 2000 (as amended) on the part of the Releasees.
5. I will abide by the Ballet Barre Works Inc. (Ballet Beats®) Rules and Regulations (as may be amended from time to time). I acknowledge that my right to use the Premises may be suspended or terminated immediately by Ballet Barre Works Inc. (Ballet Beats®) if I fail to comply with such Rules and Regulations. I also understand and acknowledge that Ballet Barre Works Inc. (Ballet Beats®) reserves the right to refuse service to me if they deem necessary for any reason whatsoever.
6. The terms of this Participation Agreement and Waiver will be binding and effective upon my heirs, next of kin, executors, administrators, representatives and assigns ("Legal Representatives") in the event of my death or incapacity.
7. I am not relying on any oral or written representations of the Releasees other than what is set forth in this Participation Agreement and Waiver. This Participation Agreement and Waiver represents the entire agreement with respect to the use of the Premises and participation in the Activities. This Participation Agreement and Waiver shall be interpreted in accordance with the laws of the Province of Alberta, and the parties attorn to the exclusive jurisdiction of the Court having competent jurisdiction in the City of Calgary, in the Province of Alberta.
8. I agree that I will not copy, photograph, broadcast, retransmit or otherwise record in any manner any portion of any Service or any written or other tangible materials used in connection with any Service and that my participation in the Services is solely for my own personal use and not for use by any other person or for any commercial purpose whatsoever.
I have had sufficient time to read and understand this Participation Agreement and Waiver and I am aware that by subscribing to Ballet Beats® Streaming Services I am agreeing to this Participation Agreement and Waiver I am voluntarily waiving certain legal rights which I or my Legal Representatives may have against the Releasees.
If the Participant is not 18 years of age:
Guardian's consent: I am the parent and or guardian of the minor named above and as such I agree to and approve of the foregoing and I have carefully read and fully understand this Participation Agreement and Waiver.