Between The Wee Gym Inc. (the "Wee Gym") and
Parent or Legal Guardian of the minor child (referred to as the "Child" where applicable)
(collectively referred to as the "Members")
WHEREAS the Wee Gym is an body corporate duly incorporated under the laws of the Province of Newfoundland and Labrador;
AND WHEREAS the Wee Gym operates a facility designed for exercise for both children (who are under 19 years of age) and adults which is located at 16 Hops Street, Unit 103, Conception Bay South, NL, A1W 0E8 (the "facilities");
AND WHEREAS the Members of the gym, both adults and children, with the written consent of their parent or legal guardian, intend to use the said facilities;
AND WHEREAS the participation of the Members at the Wee Gym is voluntary and at their choosing;
AND WHEREAS the Members acknowledge that exercising as well as the use of the facilities creates an increased risk of bodily harm or injury to both adults and the Child;
AND WHEREAS the Members acknowledge that exercising and the use of the facilities, through natural causes or by negligence of certain parties can cause serious bodily injury, including paralysis and death, to themselves, and others;
AND WHEREAS no child can avail of the facilities without the express written consent of their parent or legal guardian and such parent or legal guardian is entrusted to consent to the risks of the use of the facilities of the Wee Gym and hold the Wee Gym harmless for any bodily injury or harm, regardless of whether there is a finding of any negligence against the Wee Gym in the operation of the facilities;
NOW THEREFORE in consideration of the mutual covenants contained herein, including the cost of membership or attendance at the Wee Gym and the right to use the facilities, the parties hereby agree that the following applies now and at all subsequent and future visits to the facilities:
- The Members, parents, legal guardians, adults, children, their heirs, successors, assigns, representatives, attorneys, insurers, and estates, and all other persons, firms, partnerships, and/or corporations connected thereto (the "Releasing Parties"), forever, finally, fully, permanently, and unconditionally waive, release, acquit, and discharge the Wee Gym, its present and former employees, members, principals, directors, subsidiaries, affiliates, representatives, predecessors, successors, shareholders, partners, partners, officers, agents, assigns, servants, attorneys, insurers, suppliers, manufacturers, clients, customers, and all other persons, firms, partnerships, or corporation connected thereto (the "Released Parties") from any and all charges, claims, debts, disputes, demands, suits, causes of action (including negligence), dues, sums of money, accounts, liabilities, losses, expenses, and damages, absolute or contingent, known or unknown, whether or not asserted, threatened, alleged or litigated, now existing or arising in the future, at law or equity, whether caused by the negligence of Released Parties or otherwise, that arise out of or relate in any way to the Members use of the facilities at the Wee Gym or whatsoever related to the Wee Gym.
- The Releasing Parties hereby indemnify and covenant to hold harmless and defend the Released Parties from any and all charges, passive and active negligence, claims, debts, disputes, demands, suits, causes of action, rights of action, dues, sums of money, accounts, liabilities, losses, expenses, damages, absolute or contingent, known or unknown, whether or not asserted, threatened, alleged or litigated, now existing or arising in the future, at law or in equity, whether caused by the negligence of the Released Parties or otherwise, that arise out of or relate to the use of the facilities by the Members, including any equipment, representations, or warranties by the Released Parties, and any claims for costs, expenses, and disbursements associated thereto.
- The Parent and/or Legal Guardian of the Child represents and warrants that he or she is, in fact, the legal guardian of the Child, and has the authority to sign and execute this Continuing and Enduring Voluntary Assumption of Risk and Waiver of Liability Agreement on his or her own behalf, and, more importantly, on behalf of the Child who is under the age of 19 years and unable to provide consent.
I hereby represent and confirm that I have the legal authority to provide consent for the Child.
This Continuing and Enduring Voluntary Assumption of Risk and Waiver of Liability Agreement is made this June 5, 2023