WARNING: BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ CAREFULLY!
Use of the Douglas College Fitness Centre also known as Rooms N1313 and/or N1315 (hereinafter referred to as the “Centre”) is not without potential risks, dangers, hazards, and liabilities to all participants. These include, but are not limited to, personal injury, death, property damage, delay or inconvenience, expense and other loss. All persons using the Centre are required to accept these and all other risks as a condition of their access. Douglas College, its employees, servants, agents, successors, administrators, assigns, and contractors, (hereinafter referred to as “Douglas College”) will not accept any liability for injury, loss, damage or expense suffered by any Participant as a result of their use of the Centre. The information set forth in this agreement is intended to enable the Participant to better understand and accept the various risks involved. Participants will be required to sign this Release of Liability, Waiver of Claims, Assumption of Risk and Indemnity Agreement, which will release Douglas College from any future claims which might arise as a result of their use of the Centre.
STANDARDS OF CONDUCT
I acknowledge that there are standards to govern my conduct while present on a campus of Douglas College. These standards are described in Douglas College Policy: A20 Standards of Student Conduct, of which it is my responsibility to familiarize myself with.
STATEMENT OF PHYSICAL AND MENTAL FITNESS
I am in good physical and mental health and I am able to use the Centre and make informed, objective decisions.
UNDERSTANDING AND ACKNOWLEDGEMENT OF RISKS
I understand and acknowledge that my use of the Centre will involve risks to me, both anticipated and unanticipated, that could result in injury, disease, illness and death to me and others at the Centre, and as well as damage to or loss of property. Potential risks may include but are not limited to: cuts, bruises, sprains, strains, fractures, concussion, internal injuries, disease, illness, head injuries, paraplegia, quadriplegia, and even death which may arise from accidents or incidents associated with my use of the Centre. I further acknowledge that: physical exertion and cardiovascular output may cause dizziness, shortness of breath, chest discomfort, muscle cramps, sprains, strains, contusions and/or fractures, and impact with equipment, apparatuses, and/or other Centre users may cause all manner of injury resulting from tripping, falling, and/or unexpected release of equipment (my own or by others).
ACCEPTANCE OF PERSONAL RESPONSIBILITY
The Participant agrees to comply with the stated and customary terms and conditions for use of the Centre. If, however, the Participant observes any unusual significant hazard during their use, the Participant will remove themselves from participation and bring such to the attention of the nearest official immediately. Douglas College cannot and will not assume liability in respect of any risks, dangers, hazards, and liabilities associated with the Participant’s use of the Centre. Douglas College accepts no responsibility and assumes no liability with respect to any advice received by the Participant considering their use of the Centre. If, during the Participant’s use of the Centre, they do not fully understand or do not have complete confidence in their abilities regarding their use of the Centre, it is solely the Participant’s responsibility to ask questions of a Centre official and request further explanation or clarification as required. I agree it is the Participant’s sole responsibility to refuse to proceed with their use of the Centre if they are uncomfortable or feel unsafe.
PERSONAL PROPERTY
I understand that participants are solely responsible for the care and security of any personal items that they take or bring to the Centre. I agree that I will not hold Douglas College responsible for any loss, theft or damage to the Participant’s personal items. Insurance coverage for personal items is optional and solely my responsibility.
ACCEPTANCE AND ASSUMPTION OF RISK
I am aware that use of the Centre involves risks, dangers, hazards and potential liabilities including, but not limited to those referred to in this agreement as well as those not specifically described herein, whether anticipated or unanticipated. I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property damage, or loss, resulting there from. I am covered by appropriate personal accident and personal liability insurance coverage, or can and will personally pay for all costs and liabilities that I may incur by virtue of my use of the Centre.
In consideration of Douglas College allowing the Participant’s use of the Centre, I agree as follows:
a. To waive, release, and forever discharge Douglas College from any and all manner of action, causes of action, suits, demands, debts, contracts, claims, damages, interest, costs, and expenses, that I have, or may in the future have against Douglas College as a result of any loss, injury, disease, illness, death, and damage that I or the Participant may suffer, by reason of or arising out of or, in any way connected with or resulting from the Participant’s use of the Centre, due to ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, by Douglas College.
b. To indemnify Douglas College and hold Douglas College harmless from all costs and expenses, including legal fees, incurred by Douglas College or on Douglas College’s behalf, in defending or in connection with any claim, action or proceeding which may be brought against Douglas College for any reason resulting from the Participant’s use of the Centre.
c. To agree, promise, and covenant not to sue, or assert any claim against Douglas College for any reason whatsoever arising from or in any way connected with the Participant’s use of the Centre or from any claim brought against the Participant or me by other participants or third parties.
d. That this agreement shall be effective and binding upon my heirs, executors, administrators, assigns and representatives.
e. That this agreement and any rights, duties and obligations as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia; and
f. Any litigation involving parties to this agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the courts of the Province of British Columbia.
ACKNOWLEDGMENT AND ACCEPTANCE OF THE EFFECT OF THIS AGREEMENT
I have read and understand this agreement and agree that by signing this document I have given up certain legal rights which I or my heirs, executors, administrators, assigns and representatives may have against Douglas College. In entering into this agreement I am not relying upon any oral or written representations or statements made by Douglas College with respect to the safety or value of the Participant’s use of the Centre. I understand that I have the right to seek legal advice before executing this agreement.