Schedule A – Terms and Conditions of Use of
Alka’s Total Fitness (hereinafter “the Club”)
1. The User expressly acknowledges that the User will be engaging in physical exercise while attending the Club’s facilities, which could cause injury to the User. The User hereby states that the User is and will be voluntarily participating in these activities and the User hereby assumes all risks of injury, which might result from these activities. The User hereby waives and releases any and all claims that the User now has or may have against the Club, its employees or agents for injury sustained by the User as a result of these physical exercises and activities.
2. The User hereby acknowledges that the User has carefully read this waiver and release and fully understands that it is a release of liability of the Club and agrees that such a waiver and release is reasonable and proper based on the nature of the Club’s business.
3. The User hereby warrants and represents that the User is in good physical condition and that he or she has no liability, impairment preventing the User from engaging in active or passive exercise that will be detrimental or injurious to the User’s health, safety, comfort and physical condition or that of others. The User hereby represents that he or she will not use any Club facilities or services while having any open cuts, abrasions, open sores, infections or illnesses.
4. The management of the Club’s facilities or services shall have the right to make a final binding determination in this regard.
5. The User hereby consents to be bound by the Club rules as determined by management. Management shall post the Club rules in the Club and/or make copies of the Club rules available to the User. The management of the Club reserve the sole right to amend the Club rules.
Users Under the Age of Eighteen (18)
6. The User acknowledges that if he or she is under the age of eighteen (18), the User has obtained the consent of his or her parent(s) or legal guardian(s) to engage in activity at the Club and to obey all the Club rules, terms and conditions as set out in this agreement.
7. The User hereby waives and releases the Club from any claims that the User may have against the Club with respect to any loss benefit of personal property in respect of facilities operated by the Club.
8. The User acknowledges that the Club is not responsible for any of the User’s personal property that is damaged, lost or stolen while in or around the Club. The User also understands and agrees that he or she is liable for all damage he or she causes to the equipment or physical infrastructure of the Club facility and will reimburse the Club for any damage caused.
9. Payment for the Classes cannot be refunded, returned, or exchanged. The Classes purchased by the User cannot be transferred between persons.
10. The Club may assign all of its rights, interest and obligations pursuant to this Agreement to any person without the consent of the User. The User shall not assign or transfer any of his or her rights or obligations pursuant to this agreement.
11. This agreement constitutes the entire Agreement between the parties pertaining to its subject matter and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written of the parties and there are no warranties, representations or other agreements between the parties in connection with its subject matter executed in writing by all of the parties.
12. This Agreement represents the complete understanding between the User and the Club. No representations written or oral, other than those contained with this agreement are authorized by, or binding upon the Club.
13. This Agreement shall be governed by and construed in accordance with the laws in force in the Province of Ontario and shall be treated in all respects as an Ontario agreement.
14. This Agreement shall ensure to the benefit of and by binding upon each party and its heirs, executors, administrators and permitted successors and assigns.
15. If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provisions and everything else in the Agreement shall continue in full force and effect.
16. All matters in dispute relating to this Agreement, or to the affairs of the Club shall be referred to the arbitration of a single arbitrator. The award and determination of such arbitrator shall be binding upon the parties hereto and their respective heirs, executors, administrators and assigns. The only exception to this arbitration clause is that either party may apply to the courts for interim injunctions against the other prior to the matter being referred to binding arbitration.