Participation Terms & Conditions
This document contains acknowledgement of risks and release of responsibility – please read it carefully prior to signing!
1. My participation in any activity offered by Studio 5, its owners, partners, successors, assigns, employees, agents and any affiliated entities (Releasees) is preconditioned by my acceptance of these terms and conditions, and Releasees’ consent for my participation in such activity and for my use of the facilities shall serve as a good and valuable consideration.
2. I, the undersigned person being eighteen or older, or the legal guardian of the person named below who is under 18, hereby acknowledge, agree and covenant on behalf of myself, my heirs, assigns, personal representatives and estate as follows:
a. I am aware that there are known and unanticipated risks associated with participating in activities offered by Releasees. I agree and accept that such risks might arise out of my personal activities, or actions of other participants or employees of Studio 5.
b. My participation is completely voluntary, and I freely accept and fully assume all responsibility for all risks, and all possibilities of personal injury whether physical, psychological, death, property damage or other loss to myself or any other person, as a result of my participation in activities offered by Releasees.
c. I have reviewed those programs to which I would like to register and I hereby confirm that I have consulted a physician prior to my enrollment for the program, and I am aware of my physical limitations and agree not to exceed them.
d. I have reviewed all health and safety standards of the Releasees and I agree to comply and abide by such standards, and to follow instructions of the Studio 5 personnel.
e. If and when required by Studio 5, I agree to wear any required safety equipment or personal protective equipment.
3. I voluntarily release and forever discharge and covenant not to sue Releasees from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or in any way connected with my use of the facilities, equipment and services offered by Releasees, including, but not limited to, any and all negligence or fault of Releasees, whether involved in an activity or not.
4. I further agree, promise and covenant, on behalf of myself (or a minor participant), TO HOLD HARMLESS AND TO INDEMNIFY Releasees from all claims or demands, including defense costs, attorney’s fees and any other costs, resulting from any property damage or personal injury to any third party, which might be made against the RELEASEES resulting from my participation in the activities or my use of premises.
5. I hereby agree that some of the activities or programs might be recorded or photographed and such materials might be used by Studio 5 for various marketing and promotional purposes. I provide my consent for such recordings and use of the materials, and will inform Studio 5, at least 30 days in advance, if I want my images to be removed from its materials.
6. I understand and agree that my participation in any activity offered by Studio 5 may be terminated if my actions constitute a breach of any of the policies and procedures of Studio 5, non-compliance with the instructions of its personnel or otherwise harmful or unethical.
7. I hereby agree that all prices mentioned above are final and non-refundable. In a case I miss any classes or unable to participate in the chosen program due to any reason, my only recourse is to request a substitute classes (which will be provided pending availability).
8. I may request to change the course to which I initially enrolled within 3 classes from the commencement of the course, in which case I will not be entitled for any refund. I further agree to pay any additional amounts in the case the requested course is more expensive or requires additional payments for equipment, materials etc.
9. I release Studio 5 and waive any potential claims or demands arising in connection with the loss or theft of my personal belongings at the premises, during or in connection with my participation in activities offered by Studio 5.
10. My submitting of the form indicates that:
a. this agreement shall be governed and interpreted in accordance with the laws of the Province of Ontario and the courts of York Region shall have the exclusive authority for any litigation involving the parties; and
b. in entering into this agreement, I am not relying on any oral or written representations or statements made by the RELEASEES with respect to the safety of the activities, other than what is set forth in this agreement.
c. Any decision of unenforceability shall be limited only to a specified clause and shall not affect the entire agreement;
d. I have read this agreement, understand it completely, and agree to be bound by its terms.