Terms and conditions

WARNING: By signing this document and accepting the terms you will waive certain legal rights, including your right to sue.

I, THE UNDERSIGNED PARTICIPANT, ON MY OWN BEHALF AND ON BEHALF OF MY SUCCESSORS, LEGAL REPRESENTATIVES AND ASSIGNS, HEREBY ACKNOWLEDGE, AGREE AND REPRESENT AS FOLLOWS:

1. I understand that my entry into and utilization of the gym and fitness training facilities, services, ONLINE PROGRAMS and equipment of Diverse for any purpose including, but not limited to, my observation and use of facilities owned, occupied or controlled by Diverse, my participation in any off-site program operated by or affiliated with Diverse and my use of any equipment owned or controlled by Diverse (collectively referred to as the “Activities”) is conditional upon: (a) my agreeing with the terms and conditions contained in this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement (the “Agreement”) and (b) my signing this Agreement.
2. Prior to participating in the Activities, I have inspected and carefully considered the facilities, services, ONLINE PROGRAMS and equipment to be used in and with the Activities, and after careful consideration I find and accept that they are reasonably suited for my use.
3. I am aware that the Activities involve certain inherent risks, dangers and hazards which can result in serious personal injury, death, property damage and other losses. I am aware that the very nature of the Activities is hazardous and risky.
4. I freely accept and assume responsibility for all risks, dangers and hazards associated with the Activities, including, without limitation, the possibility of personal injury, death, property damage and all other loss resulting from my participation in the Activities. I agree that SOLE RESPONSIBILITY FOR MY PERSONAL SAFETY REMAINS WITH ME, including all physical and emotional preparation and fitness necessary to participate in the Activities.
5. I agree to obey and follow all guidelines, rules and regulations relating to the Activities as directed by Diverse.
6. I HEREBY GIVE TO DIVERSE A FULL RELEASE AND WAIVER OF LIABILITY FOR ALL CLAIMS RELATING TO ANY PERSONAL INJURY, DEATH, LOSS, DAMAGE, OR EXPENSE OF ANY KIND THAT I MAY SUFFER AS A RESULT OF MY PARTICIPATION IN THE ACTIVITIES BY ANY CAUSE WHATSOEVER INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, BREACH OF ANY STATUTORY DUTY OR DUTY OF CARE ON THE PART OF DIVERSE AND ALSO INCLUDING THE FAILURE ON THE PART OF DIVERSE TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES REFERRED TO ABOVE.
7. I AGREE NOT TO SUE DIVERSE FOR, AND FURTHER AGREE TO INDEMNIFY AND SAVE HARMLESS DIVERSE FROM, ALL EXPENSES, FEES, LIABILITY, DAMAGES, AWARDS AND COSTS OF EVERY KIND WHICH ARISE FROM OR ARE RELATED TO MY PARTICIPATION IN THE ACTIVITIES.
8. I represent and warrant to Diverse that I have the experience required to participate safely in the Activities and that I am not aware of any physical or mental condition which would impair my ability to fully participate in the Activities.
9. I expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by the laws of the Province of British Columbia, and that if any portion thereof is held invalid, I agree that the balance shall continue in full legal force and effect.
10. In entering into this Agreement, I am not relying upon any oral or written representations or statements made at any time by Diverse.
11. I am nineteen (19) years of age or older and HAVE READ AND UNDERSTOOD THIS AGREEMENT. I am aware that by signing this Agreement I am waiving certain legal rights which I or my successors, legal representatives, assigns, heirs and next of kin have, or may have, against Diverse.