New Union BJJ & Fitness Acknowledgement and Release
Waiver & Acknowledgement and Release
In signing this document, you are waiving the right to bring a court action to recover compensation or
obtain any other remedy for; personal injuries, damage to property, loss of property, accident of any
kind, death, arising out of your use of 14779851 Canada Inc. here-after referred to as New Union BJJ & Fitness. This includes New Union BJJ & Fitness’ facilities, equipment, your participation in classes, or activities sponsored by New Union BJJ & Fitness (including, but not limited to tournaments, seminars, clinics, workshops, martial arts classes and special events), whether supervised or unsupervised. You must be 18 years of age or older to sign this Acknowledgement and Release, otherwise a parent or guardian must sign on your behalf.
Acknowledgement and Release
New Union BJJ & Fitness operates facilities (“Gym”) and equipment located at 8 Brock St W, Uxbridge, and may provide classes or activities whether supervised or unsupervised by New Union BJJ & Fitness’ employees or agents (collectively the “Gym Activities”). AND WHEREAS an essential condition for New Union BJJ & Fitness permitting me to use its facilities and/or participate in Gym Activities, I have agreed to give the Acknowledgement and Release. NOW THEREFORE, IN CONSIDERATION of New Union BJJ & Fitness permitting me to use the Gym and
participate in Gym Activities, I, for myself, my personal representatives, assigns, and heirs:
1) ACKNOWLEDGE, agree and represent that I understand the nature of the Gym and Gym
Activities that I am in good health and in proper physical condition to use the Gym and
participate in Gym Activities.
2) I fully understand that;
A) The Gym and Gym Activities may involve serious risks and dangers of serious bodily injury,
including permanent disability, paralysis and death (the “risks”).
B) These risks may be caused by my own action, the actions or inactions of others using the
Gym or participating in the Gym Activities, the condition of the Gym or the condition in
which the Gym Activities take place. Or the negligence of the releases listed below and the
following pages.
C) There may be other special or unusual risks associated with the Gym or Gym Activities,
including social or economic losses, either known to me or not readily foreseeable at this
time: AND
I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR ALL LOSSES, COSTS, AND DAMAGES I MAY INCURE AS A RESULT OF MY USE OF THE GYM OR MY PARTICIPATION IN THE GYM ACTIVITIES BOTH NOW AND IN THE FUTURE.
3) AGREE AND WARRANT that I will examine and inspect all gym equipment and each Gym Activity
in which I take part and that, if I observe any condition which I consider to be hazardous or
dangerous, I will notify the proper authority in charge of the Gym or Gym Activities, as the context requires, and will refuse to use such equipment or take part in such Gym Activities until
the condition has been corrected to my satisfaction.
4) HEREBY RELEASE, discharge and covenant not to sue New Union BJJ & Fitness, its officers,
directors, shareholders, employees, volunteers, instructors, participants in Gym Activities, users
of the Gym, assign, owners and lessors of the facility where the Gym is located, all designers,
manufacturers and installers of the equipment and other fixtures located at the Gym’s facilities
(collectively referred to as the “releases”) for all liability, claims, causes of action, demands,
losses or damages on my account caused, or alleged to have been caused, by in whole or in part
by my use of the Gym, my participation in Gym Activities or the negligence of the releases or
otherwise. I fully agree that if despite executing this acknowledgement and release I or anyone
on my behalf, makes a claim against any of the releases, whether directly or indirectly, I will
indemnify, save and hold harmless each of the releases from any litigation expense, solicitor fee,
loss, liability, damage or cost which may be incurred as a result of such claim.
5) CHOICE OF LAW AND ATTTORNMENT – This acknowledgement and release shall be governed by and construed in accordance with the laws of the province of Ontario and the laws of Canada
applicable within. I agree that the courts of the province of Ontario will have exclusive
jurisdiction to determine all disputes and claims arising between the parties.
6) SUCCESSORS AND ASSIGNS – This acknowledgement and release shall be binding upon myself,
my personal representatives, assigns, and heirs and shall endure the benefit New Union BJJ &
Fitness and its respective heirs, executors, administrators, directors, successors, assigns and
legal representatives.
7) I understand and agree that as a club member or visitor I may be photographed, videotaped,
contacted by email or other means, or have my likeness recorded by other means and used for
commercial purposes including but not limited to marketing, instructional produces, and
internet applications.
I have read this acknowledgement and release (2 pages) fully and understand its terms and understand that I have given up substantial rights by signing it, and have signed it freely and without any inducement or assistance of any nature and intend it to be irrevocable and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this acknowledgement and release is held to be invalid, the balance of the acknowledgement and release shall continue in full force and effect.
New Union BJJ & Fitness
