Release of Liability, waiver of Claims, Assumption of risk, Indemnity of Agreement,and jurisdiction Agreement
BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE
TO: Ludus Magnus Limited T/A Activate, owners, volunteers, officers, employees, trainers, instructors, agents, officials, independent contractor, servants, representatives, successors and assigns (hereinafter referred to as Activate) DEFINITIONS: In this agreement: a) The term “ATHLETIC ACTIVITY OR “ATHLETIC ACTIVITIES” includes but is not limited to personal training, fitness classes, team or individual competitions, fitness assessments, use of facilities, observation of athletic activities,Olympic Lifting, Power Lifting,, strongman training or competitions, gymnastics, strength conditioning, metabolic conditioning, Plyometrics, interval training, bodyweight conditioning, rope climbing, stretching, outdoor running on trails or sidewalks or running tracks, sports, and programs, clinics, seminars and services provided by Activate.
b) The term “INJURY” shall refer to all forms of physical, mental and emotional injury in anyway related to athletic activity and transportation activities including but not limited to: death, breaks, strains, lacerations, dislocations, exercise included rhabdomyolisis, heart failure, concussion, frostbite, hypothermia, heat illness, dehydration, trauma, anxiety, and fears.
Activate and their owners, volunteers, officers, employees, trainers, instructors, agents, officials, independent contractor, servants, representatives, successors and assigns (hereinafter referred to as Activate) are not responsible for any death, injury, loss, or damage of any kind suffered by any personal while using Activate facilities, participating or watching Activate activities, caused in any manner whatsoever including but not limited to, the negligence of Activate. I am aware that athletic activities have inherent dangers and risks including but not limited to the potential for serious personal injury or death caused by any Activate activities or any condition of the facilities or equipment of Activate, some of which may include:
a) Transient light-headedness, fainting, abnormal blood pressure, chest discomfort, muscle cramps, muscle soreness, pain, discomfort, fatigue, nausea, heart failure, exercise induced rhabdomyolisis, and so forth: b) All manner of injury resulting from slipping or falling, either roped or unroped,, while skipping, running, walking, lifting, climbing, and impacting against the floor, walls, equipment, other athletes, or any permanent or temporary fixtures or equipment
c) Abrasion, entanglement, lacerations, bruising, dislocations, and any other injuries resulting from activities near stands, racks, weight bars, pull up bars, walls, ropes, cargo nets, medicine balls and plyo boxes;
d) Injuries resulting from falling athletes or objects such as weights dumbbells, bars, medicine balls, ropes, kettle bells, and so forth or by any objects dropped by other persons conducting athletic activities or assisting others; e) Failure of equipment, racks, stands, bars, attachments, anchors, ropes, harnesses, And, I do hereby further acknowledge and agree: a) That the athletic activities I am participating in requires a high degree of effort, are designed to be high intensity, and are intended to challenge my cardiovascular endurance, stamina, strength, flexibility, power, speed, agility, accuracy, balance and coordination;
b) That I will honestly represent my level of fitness, health, nutrition, use of medication, medical history, and current physical, mental, and medical condition to Activate.
c) That although Activate will take steps to reduce the risks and increase the safety of all athletic activities, it is not possible for Activate to make these athletic activities completely safe
d) That I am personally responsible for my preparation prior to athletic activities, my concentration and attention during these athletic activities, and for my post activity rest and recovery;
e) That I will learn and obey the rules and regulations of Activate, and that I will follow the instructions and directions of Activate during athletic activities;
f) That I will inform Activate immediately should I feel pain, discomfort, fatigue, nausea or other symptoms that I may suffer during and immediately after athletic activities;
g) That I may stop participating at any time and I may be directed to stop by Activate should I display any noticeable signs of distress;
h) That I consent to receive first aid and medical treatment by Activate in the event of an accident, injury or illness during athletic activity;
i) That Activate may videotape, audiotape, or photograph you for instructional and promotional purposes without payment of any kind to you and without further notice to you or permission from you.
Release of Liability, waiver of Claims, Assumption of risk, Indemnity of Agreement, and jurisdiction Agreement RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT In consideration of Activate, allowing me to participate in Activate activities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I or may have in the future against Activate and their owners, volunteers, directors, officers, employees, trainers, instructors, agents, officials, independent contractors, servants, representatives, successors and assigns (all of whom are hereinafter referred to as the “RELEASEES”) and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense, or injury including death that I may suffer or that my next of kin may suffer as a result of my participation in climbing and transportation activity, DUETO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF THE RELEASES, AND
INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGAURD OR PROTECT ME FROM RISKS, DANGERS AN HAZARDS OF ATHLETIC ACTIVITIES ;
2. 2. TO HOLD HARMLESS AND INDEMNIFY RELEASEES from any and all liability for any property damage or personal injury to any third party resulting in my participation in athletic activities;
3. 3. TO HOLD HARMLESS AND INDEMNIFY RELEASEES from any and all liability for any costs they may occur for medical costs, emergency transportation, and litigation resulting in my participation in athletic activities
4. That this agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
5. This agreement and any rights, duties and obligation as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of Ireland and no other jurisdiction; and
6. Any litigation involving the parties to this agreement shall be brought solely within Ireland and shall be within the exclusive jurisdiction of the courts of Ireland. On entering into this agreement I am not relying on any oral or written representations or statements made by Activate with respect to the safety of athletic activities other than what’s set out in this agreement.
TERMS AND CONDITIONS UPON ENTERING INTO A MONTHLY AGREEMENT BETWEEN MYSELF & Activate.
• I agree that my membership at Activate is a month by month agreement that will be debited monthly from my nominated bank account.
• I agree to pay a month upfront which will be 1 payment (on your selected billing date) and only after that if I wish to cancel or suspend that I have to give 14 days’ notice from my next billing date.
• I agree if I do not fill in and sign a cancellation / suspension form at Activate, that I am giving Activate consent to continue my membership on a month by month basis debited monthly.
• I agree that if I have decided to pay up front that it is not refundable.
• I agree that at any stage during the agreement that I must pay 100% of the remaining balance upfront, in order to have my direct debit payments ceased.
• I agree that I am able to suspend my membership for 1 fortnightly direct debit for every 12 months of my membership.
• I agree that my current health situation is not the responsibility of Activate and I will not hold them accountable if I fall ill, injured or my health suffers at any stage during my membership. I accept all the terms, based on my own health, past, present and future health status.
• Prices are subject to change, given 30 days’ written notice to my nominated emailing address.
• I agree that the monthly rate I am charged will increase on the 1st July each year based on CPI increase.
• I also understand that my account will be handed over to a nominated debt collector if I fail to fulfill any of the above payment obligations which I have agreed too.
• I am agreeing to these payments options and agree that the payments are entirely my own responsibility and do not hold Activate responsible for any failure to make payment on my behalf.
I CONFIRM THAT I AM OVER THE FULL AGE OF EIGHTEEN (18) YEARS AND I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST Activate. In the event that this waiver is being signed by a legal guardian, on behalf of a dependent or minor, I am fully aware of my responsibility in signing this waiver and waive all legal rights on behalf of who I am signing for. I agree that any information emailed, handed, delivered or sent to me in any form will not be given to anyone other than me. This is information which includes nutritional guidelines, membership terms, information packs and any information handouts I receive from Activate. I agree that I will be held solely responsible if material is passed onto anyone or any other organization which is Activate. This includes, content as well as display. Your information is also privacy protected; we will not sell your information.
Please answer the following questions: