BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION

PLEASE READ CAREFULLY!

In consideration of MBS Fitness Inc., an Ontario Corporation (the “Company”) permitting the individual named below (“I” or “me”) to participate in personal training and/or fitness and exercise classes (the “Activities”) located at 7887 Weston Road, Unit 13, 14 and 15, Vaughan, Ontario (the “Premises”), to use gym, climbing, weightlifting, gymnastics and other fitness equipment at the Premises (the “Facilities”), to use the showers, sauna, change-rooms, and other amenities at the Premises (the “Amenities”) and for other good and valuable consideration, I agree to all the terms and conditions set forth in this agreement (this “Agreement”).

ASSUMPTION OF RISKS

I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES, USE OF THE FACILITIES AND USE OF THE AMENITIES INVOLVE MANY RISKS, DANGERS AND HAZARDS, INCLUDING BUT NOT LIMITED TO THE RISK OF SERIOUS INJURY, DEATH OR PROPERTY DAMAGE. THE UNDERSIGNED IS ALSO FULLY AWARE AND ACKNOWLEDGES THAT THERE IS RISK OF ILLNESS OR DEATH FROM COVID-19 AND OTHER COMMUNICABLE DISEASES AND VIRUSES ASSOCIATED WITH ENTERING ON TO THE PROPERTY AND PARTICIPATION IN ACTIVITIES OR SERVICES OFFERED BY OR FACILITATED THROUGH MBS FITNESS INC. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES AND USE OF THE AMENITIES AND FACILITIES. 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 COMPANY OR OTHERWISE.

I hereby expressly waive and release any and all claims which I have or may in the future have against the Company, its affiliates, and their respective directors, officers, employees, agents, representatives, shareholders, successors and assigns (collectively, “Releasees”), out of or attributable to my participation in the Activities, use of the Facilities, use of/participation in services and use of the Amenities and disclosure of my personal information and associated data due to any cause whatsoever, including without limitation the negligence of the Company 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 Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.

I shall defend, indemnify and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable legal fees, in connection with any third-party claim, suit, action or proceeding arising out of or resulting from the Activities and services or my use of the Facilities and Amenities and disclosure of my personal information or data.

This Agreement constitutes the entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. 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, executors, administrators, legal personal representatives, successors and assigns, and the Releasees, their heirs, executors, administrators, legal personal representatives, successors and assigns and its 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.

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 COMPANY AND THE RELEASEES.

Participant:

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