Richlife Fitness Liability Waiver and Release of Liability

Please read the full Richlife Fitness Liability Waiver before booking. It covers the risks of fitness activities, use of gym equipment, supervised classes, and unstaffed open-gym sessions.

 RICHLIFE FITNESS

PARTICIPANT ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY

IMPORTANT: PLEASE READ CAREFULLY. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT.

Facility: Richlife Fitness, Unit 9, 7342 Industrial Way, Pemberton, British Columbia, V0N 2L0
Legal operator: Richlife Fitness

Participant's full legal name: __________________________________

Date of birth: ___________________

Email / phone: ______________________________________________

Emergency contact and phone: __________________________________

1. Activities covered by this agreement

In consideration of being permitted to enter and use Richlife Fitness (the “Gym”), I agree that this waiver applies to my participation in:

  • Supervised group fitness classes, circuit training, personal training, instructor-led exercise and related fitness activities.

  • Scheduled unstaffed open gym sessions during designated access times.

  • Independent strength training, resistance training and cardiovascular exercise.

  • Use of free weights, barbells, dumbbells, squat racks, kettlebells, slam balls, wall balls, battle ropes, plates, plyo boxes, benches, lifting platforms, cable equipment, suspension straps, pull up bars, skipping ropes, rubber bands, ab wheels, sandbags, cardio machines and selectorized resistance machines.

  • Entry to and exit from the facility, access-controlled doors, and use of facility amenities during permitted access periods.

I understand that supervised classes and unstaffed open gym sessions operate differently and involve different levels of supervision and assistance.

2. Acknowledgement and assumption of risk

I understand that exercise and use of a fitness facility involve inherent and other risks that may cause personal injury, illness, property damage or death, even when reasonable precautions are taken.

These risks include, but are not limited to:

  • Muscle strains, sprains, ligament injuries, fractures, joint injuries, falls, cuts and bruising.

  • Overexertion, dehydration, dizziness, fainting, heat-related illness, cardiac events and other medical emergencies.

  • Injuries caused by improper technique, excessive loads, fatigue, loss of balance, dropped weights, falling objects or collisions.

  • Equipment malfunction, wear, breakage, improper adjustment, failure or unexpected movement.

  • Slips, trips, falls and hazards arising from the premises, equipment or activities of other participants.

  • Risks associated with squat racks, barbells, free weights, overhead lifts and other strength-training equipment.

  • Delayed discovery of an injury or medical emergency, delayed access to assistance, and lack of an employee or instructor physically present during unstaffed sessions.

  • Risks arising when other participants are not available or able to provide assistance.

  • Risks associated with an emergency response that is delayed, unavailable or unable to provide immediate treatment.

I voluntarily accept and assume these risks, including reasonably foreseeable risks associated with my chosen activities and risks I may not anticipate, to the extent permitted by law.

3. Express waiver and release of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, I RELEASE THE RELEASED PARTIES IDENTIFIED BELOW FROM CLAIMS ARISING FROM MY PARTICIPATION IN GYM ACTIVITIES AND MY USE OF THE FACILITY, INCLUDING CLAIMS ARISING FROM THEIR NEGLIGENCE, WHERE SUCH CLAIMS MAY LAWFULLY BE RELEASED.

For this agreement, the “Released Parties” are [Gym name], [full legal operator name], the facility's owners and occupiers, and their respective directors, officers, employees, instructors, contractors and agents, to the extent each is responsible for the relevant activity or premises.

This release applies to claims for personal injury, illness, death, property damage and other loss arising from or connected with the activities and risks described in this agreement, including, to the extent legally permitted:

  • Negligent acts or omissions in the provision of fitness services.

  • Negligent inspection, maintenance or repair of equipment or premises.

  • Failure to provide reasonable warnings or instructions.

  • Negligence relating to supervision, the availability of assistance or emergency procedures.

  • Negligence relating to the conduct of other participants, where legally attributable to a Released Party.

I understand that negligence means a failure to take the care required by law in the circumstances. I understand that signing this agreement may prevent me from recovering compensation for a claim that would otherwise be available to me.

Nothing in this agreement excludes liability or limits a right where doing so is prohibited by law. This agreement does not remove any non-waivable statutory rights.

4. Additional acknowledgement for unstaffed open gym sessions

I specifically understand and acknowledge that unstaffed open gym access is not the same as attending a supervised fitness class.

During designated unstaffed sessions:

  1. No employee or instructor may be physically present in the facility.

  2. I will exercise independently and must choose exercises, loads, intensity and rest periods appropriate to my abilities.

  3. No employee may be immediately available to correct my technique, adjust equipment, provide a spot, assist with a failed lift or respond physically to an incident.

  4. I may be exercising alone, and an injury or medical emergency may not be detected immediately.

  5. Emergency services may take time to arrive, and live remote CCTV monitoring does not guarantee that an incident will be detected or that assistance will arrive immediately.

  6. I must not attempt maximal, reckless or otherwise unsafe lifts, or lifts requiring a spotter when appropriate assistance or safety arrangements are not available.

  7. I must use rack safeties, collars and other available safeguards where appropriate, and follow the equipment instructions and posted safety rules.

  8. I must know how to contact emergency services, exit the facility and report an incident before beginning an unstaffed session.

I voluntarily choose to use the facility during designated unstaffed sessions with knowledge of these additional risks.

5. Safe use of the facility

I agree to:

  • Use equipment only for its intended purpose and follow posted instructions.

  • Inspect equipment before use and immediately stop using anything that appears damaged, unstable or unsafe.

  • Select weights and exercises appropriate to my experience, ability and physical condition.

  • Secure weights and equipment properly and return equipment to its designated place after use.

  • Keep walkways, exits and access routes clear.

  • Stop exercising if I experience chest pain, severe shortness of breath, dizziness, unusual pain or other concerning symptoms.

  • Avoid exercising while impaired by alcohol, recreational drugs, medication or any other condition that makes exercise unsafe.

  • Comply with all access restrictions, facility rules, emergency instructions and staff directions.

  • Keep my access credentials secure and never share them or permit unauthorized persons to enter.

  • Report equipment faults, hazards, injuries, incidents and security concerns to the Gym as soon as reasonably possible.

I understand that unsafe conduct or breach of access rules may result in suspension or termination of my membership or access privileges.

6. Medical fitness and emergency procedures

I am responsible for assessing whether I am fit to participate in the activities I choose. Where appropriate, I will seek medical advice before exercising, particularly if I have an injury, relevant medical condition or symptoms that could make exercise unsafe.

I understand that the Gym does not provide medical diagnosis or treatment and that a first aider, AED or other medical equipment may not be immediately available during an unstaffed session.

If an emergency occurs, I will call 911 where appropriate and follow the facility's posted emergency instructions. I authorize Gym personnel, where reasonable and legally permitted, to contact emergency services or my designated emergency contact if an emergency occurs.

I remain responsible for medical, ambulance or other costs for which I am legally responsible.

7. CCTV acknowledgement

I acknowledge that the Gym uses video surveillance, including live remote monitoring and video recording, in designated areas for safety, security, access control and incident investigation.

I understand that surveillance is subject to the Gym's separate CCTV Privacy Notice and Policy, which explains the purposes of surveillance, camera locations, access to footage, retention, disclosure and privacy contact information.

I understand that CCTV is not a substitute for personal supervision or an emergency response service and does not guarantee immediate detection of, or assistance with, an injury.

My acknowledgement of CCTV is not an agreement to waive privacy rights that cannot lawfully be waived. The Gym must handle personal information in accordance with applicable privacy law.

8. Personal property

I am responsible for safeguarding my belongings. To the extent permitted by law, the Gym is not responsible for loss, theft or damage to personal property, except where liability cannot lawfully be excluded.

9. Responsibility for my own misconduct

To the extent permitted by law, I am responsible for losses or damage caused by my intentional misconduct, unlawful conduct, reckless conduct or negligent violation of facility rules.

Nothing in this clause requires me to indemnify the Gym for its own negligence or other liability where such an obligation would be unlawful.

10. Acknowledgement and agreement

By signing below, I confirm that:

  • I am at least 19 years old and legally capable of entering into this agreement.

  • I have read and understood this entire agreement, including the express waiver of negligence claims and the additional risks of unstaffed access.

  • I have had a reasonable opportunity to ask questions and seek independent advice before signing.

  • I understand that this agreement may affect my legal rights and my ability to bring a claim.

  • I am signing voluntarily and have not relied on any verbal assurance that contradicts this agreement.

  • I agree to comply with the Gym's rules, access procedures, emergency instructions and applicable privacy notices.

  • I understand that this agreement applies to the activities described above until it is lawfully replaced or otherwise ceases to apply. The Gym should obtain renewed acceptance if material changes to the waiver or activities are introduced.

This agreement is governed by the laws of British Columbia and the applicable laws of Canada.

If any provision is found unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

11. OPTIONAL PHOTOGRAPHIC AND PROMOTIONAL MEDIA RELEASE

Richlife Fitness may occasionally take photographs and videos during supervised group fitness classes, special events or other designated promotional activities to promote the Gym and its services.

This release is optional. Choosing not to participate in promotional photography or videography will not affect my membership, access to the Gym, or ability to participate in classes.

If I provide consent below, I authorize Richlife Fitness to photograph or record me during designated promotional activities and to use images or video in which I am identifiable for the following purposes:

  • Promoting Richlife Fitness, its fitness classes, training services and membership offerings.

  • Publishing content on the Gym's social media accounts, including Instagram, Facebook and other official social media platforms.

  • Publishing promotional material on the Gym's website, in digital advertisements, newsletters and other Gym marketing materials.

I understand and agree that:

  1. My image, likeness and appearance may be used in photographs or videos for the purposes described above.

  2. Content published online may be viewed, shared, downloaded or redistributed by members of the public, and the Gym cannot guarantee that all third-party copies can be removed.

  3. The Gym will not knowingly use my image in a misleading, defamatory or materially different context from the promotional purposes described in this release.

  4. The Gym will not sell my image or license it to unrelated third parties for their independent commercial use without obtaining any additional consent required by law.

  5. I will not receive payment or other compensation for the authorized uses described in this release.

  6. This consent does not authorize the Gym to use CCTV surveillance footage for promotional purposes. CCTV footage remains subject to the separate CCTV Privacy Notice and Policy.

  7. I may withdraw my consent for future promotional use by contacting Richlife Fitness at richlifeheadcoach@gmail.com or 604-902-3507. Withdrawal will not affect uses that were lawful before withdrawal. The Gym will take reasonable steps to stop future use of the affected material and remove it from channels under its control where reasonably practicable, subject to legal obligations and practical limitations.

  8. The Gym will handle identifiable photographs and videos in accordance with applicable privacy law.

I confirm that I have read and understood this optional release and that I am choosing freely whether to provide consent.

PLEASE SELECT ONE:

☐ YES — I consent to Richlife Fitness taking and using identifiable photographs and videos of me for the promotional purposes described in this section.

☐ NO — I do not consent to Richlife Fitness using identifiable photographs or videos of me for promotional purposes.

For electronic forms: Record the participant's affirmative selection, the applicable release version and the date and time of consent. Do not treat failure to select an option as consent.

PARTICIPANT SIGNATURE: __________________________________

PRINTED NAME: ___________________________________________

DATE: ___________________________________________________

GYM REPRESENTATIVE, IF APPLICABLE: ________________________

DATE: ___________________________________________________

Electronic acceptance record: Where signed electronically, the Gym should retain the accepted version of this agreement, the participant's identity, and a reliable date-and-time record.