Participation and Photo Release Waiver

Re: Copyright and Moral Rights in any works commissioned by the Assignee in respect of the Assignee’s business as created by the Author and including, but not limited to, those works specifically described in Schedule “A” (the “Works”). 

The Author (also referred to as "Participant") hereby acknowledges and agrees:

1. The Author hereby sells, assigns and transfers to the Assignee all of the Author’s right, title and interest throughout the world in, to and associated with the Works including, but not limited to, copyright, free and clear of all liens, encumbrances and interests of any third parties.
2. The Author represents, warrants and covenants to and with the Assignee that the Author is the sole author of the Works, that the Works are original, that immediately prior to this Assignment taking effect the Author is the full beneficial owner of the copyright and all other proprietary interests in the Works and that the Works do not and will not infringe the rights or interests of any other person.
3. The Assignee may use or alter the Works as it sees fit in its absolute discretion, including receive commercial benefit, and the Author hereby waives in favour of the Assignee and any other persons all moral rights the Author has in or relating to the Works.
4. To the extent that the Works include confidential information or trade secrets, the Author will treat same as confidential and proprietary to the Assignee.
5. The Author hereby confirms that the Author was a resident of address stated below when the Works were created.
6. The Author will do such further acts and execute and deliver to the Assignee such further instruments as the Assignee, acting reasonably, requires to vest, effect, perfect, register, record, verify, evidence or enforce its rights and interests in the Works.
7. The laws of British Columbia and the federal laws of Canada applicable therein, without regard to its conflicts of laws principles, shall govern this Instrument, the relationship of the parties hereunder and the resolution of disputes hereunder or relating hereto.

Re: Participation

The Participatn (also referred to as "Author") hereby acknowledges and agrees:

1. The Participant wishes to participate in certain fitness programs offered by the Operator. 
2. The Participant acknowledges that such programs may include the Participant’s infant (the “Infant” or unborn child if pregnant). 

TERMS OF AGREEMENT:

I am aware that fitness activities including but not limited to yoga, weight training and breathing exercises in general are high risk activities and involve a possibility of injury or death.

I ACKNOWLEDGE AND ACCEPT THESE RISKS and all others arising from my participation and my Infant’s participation, if applicable, in the classes and programs offered by the Operator either at 1765 Harvey Ave, Orchard Park, or at demonstrations or events outside of the Facility and my use of the Facility and equipment at the Facility.

I understand that all instructions and rules for safe participation must be followed and that the SOLE RESPONSIBILITY FOR MY PERSONAL SAFETY AND THE PERSONAL SAFETY OF MY INFANT, IF APPLICABLE, REMAINS WITH ME, including my physical and emotional preparation and fitness to participate in classes and events that I chose to participate in.

I agree to remove myself and my Infant, if applicable, from participation in any activity if I sense or observe any unusual hazard or unsafe condition, or if, at any time in the Facility or in any class or event I feel unable or unfit to continue for any reason. 

I HEREBY WAIVE, RELEASE AND DISCHARGE the Operator and its successors, assigns, owners, officers, directors, employees, and agents and other representatives (“Released Parties”) from any and all liability for my death, disability, illness or personal injury, or damage or theft of the my personal property and from any and all liability for the death, illness or personal injury of my Infant, if applicable (collectively the “Losses”), occurring while attending the Facility, participating in any activity at the Facility or participating in any activity organized by the Operator outside of the Facility even if such Losses arise from equipment failure or the Released Parties’ negligence, gross negligence or willful neglect.

I HEREBY PROTECT, DEFEND, HOLD HARMLESS AND INDEMNIFY each of the Released Parties from and against any and all claims, actions, causes of action, proceedings, suits, costs, liabilities, damages, and expenses, whether known or unknown (including but not limited to all direct, special, incidental, exemplary and consequently damages, and losses of any kind and lawyer’s fees) based upon, resulting from and/or relating in any way to my participation at the Facility.

I agree that this agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, successors, assigns and representatives in the event of my death or incapacity.

I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING MY LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE OPERATOR.