General Waiver and Release of Liability
Discovery Strength and Conditioning Inc.
Stop. Read before signing.
This is a legal document. By signing it, you are giving up important legal rights, including your right and the right of your estate to sue Discovery Strength and Conditioning Inc. and the people named below, even for injuries caused by their negligence. Read every section. If anything is unclear, ask us, or speak with a lawyer before you sign.
In plain English
- Strength training, Olympic lifting, gymnastics, and high-intensity conditioning carry real risk of injury.
- You agree to accept those risks and not to sue us, our directors, or our staff if you get hurt, even if we were careless.
- If you are under 19, a parent or guardian must also sign, and they take on separate obligations.
- This waiver covers this visit and all future visits until you revoke it in writing.
1. Definitions
In this Waiver:
- "Corporation" means Discovery Strength and Conditioning Inc.
- "Releasees" means the Corporation together with its directors (including Magdalena Glass), officers, shareholders (including Landon and Ivan), employees, coaches, contractors, volunteers, successors, and assigns.
- "Facility" means the gym premises operated by the Corporation, including all equipment, flooring, racks, platforms, washrooms, and any outdoor areas used for training.
- "Activities" means any exercise, class, coaching session, open gym use, competition, event, or training activity offered, permitted, or supervised by the Corporation, whether on or off the Facility.
- "I", "me", and "my" refer to the participant signing below, and where a parent or guardian signs on behalf of a participant under 19, also include that parent or guardian.
2. Acknowledgment of Risks
I understand that the Activities are inherently dangerous and can result in serious injury, permanent disability, or death. The risks include, without limitation:
- Barbell training and Olympic weightlifting (including snatches, clean and jerks, squats, deadlifts, and presses);
- Kettlebell, dumbbell, and odd-object training;
- Gymnastics and bodyweight movements (including pull-ups, muscle-ups, handstands, and ring work);
- Plyometrics and box jumps;
- Running, rowing, skipping, cycling, and other conditioning work;
- High-intensity interval training and timed workouts that involve fatigue;
- Use of racks, platforms, rigs, bumper plates, and other equipment;
- Slips, trips, falls, dropped weights, equipment failure, and collisions with other members or equipment;
- Cardiovascular stress, heat illness, dehydration, and rhabdomyolysis;
- Aggravation of any pre-existing condition, whether disclosed or not.
I have had the opportunity to ask the Corporation about the nature of the Activities and the risks involved. I voluntarily and knowingly assume all of those risks, whether specifically identified above or not.
3. Communicable Disease
I understand that any gym, group training environment, or shared equipment carries a risk of exposure to communicable diseases, including but not limited to COVID-19, influenza, and other bacterial or viral infections. I accept that risk as part of the risks I assume under section 2, and I agree that exposure to communicable disease at the Facility or during the Activities is covered by the release and indemnity in sections 4 and 5.
4. Release and Waiver of Liability
In consideration of being permitted to use the Facility and participate in the Activities, I, for myself and for my heirs, executors, administrators, personal representatives, successors, and assigns, hereby release, waive, and forever discharge the Releasees from any and all liability, claims, demands, actions, or causes of action arising out of any loss, damage, injury, illness, or death sustained by me while on the Facility, travelling to or from the Facility, or participating in any of the Activities, including liability arising from the negligence, gross negligence, breach of contract, or breach of any statutory duty of care (including under the British Columbia Occupiers Liability Act) of any of the Releasees.
I understand that this section is the main legal effect of signing this document: I am giving up my right, and the right of anyone claiming through me, to sue the Releasees for injuries I may suffer, even where those injuries are caused by the fault of the Releasees.
5. Indemnification
I agree to indemnify and hold harmless the Releasees from any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including legal fees and disbursements on a solicitor-and-own-client basis, brought by me or anyone claiming through me as a result of my use of the Facility or participation in the Activities. This indemnity survives the termination of my membership or participation.
6. Medical Fitness and Consent to Emergency Treatment
I represent that I am in good physical condition and have no medical reason or impairment that would prevent me from participating safely in the Activities. The Corporation has recommended that I consult a physician before beginning any new exercise program, and I have had the opportunity to do so. I will promptly inform the Corporation of any change in my medical condition that may affect my ability to participate safely.
If I suffer an injury or medical emergency at the Facility or during an Activity, I consent to the Releasees administering first aid and, where they reasonably consider it necessary, arranging emergency medical transport and treatment, at my expense. I acknowledge that the Releasees have no obligation to provide medical care beyond reasonable first aid.
7. Rules, Instructions, and Equipment
I agree to follow the instructions of the coaches and staff, to use equipment only as I have been trained to use it, to respect any weight, repetition, or scaling limits a coach sets for me, and to promptly report any equipment defect, spill, or hazard I notice. I agree not to use the Facility while under the influence of alcohol or any drug that impairs my judgment, balance, or reaction time.
8. Personal Property
I am responsible for my own personal property while at the Facility. The Releasees are not responsible for any loss, theft, or damage to my property, including items left in cubbies, change areas, or vehicles on or near the Facility.
9. Participants Under 19 (Minors)
If the participant is under 19 years of age (the age of majority in British Columbia), a parent or legal guardian must also read and sign this Waiver. By signing as parent or legal guardian, that person confirms that:
- They have read and understood the entire Waiver, including the risks described in sections 2 and 3 and the release in section 4;
- They consent to the minor's participation in the Activities;
- They understand that, under Canadian law, a parent or guardian generally cannot bind a minor to a release of the minor's own tort claims, and that this Waiver does not attempt to do so in respect of the minor's personal right to sue;
- They personally agree to release the Releasees on their own behalf, and to indemnify the Releasees on the terms set out in section 5 for any claim brought by or on behalf of the minor, including any claim brought after the minor reaches the age of majority, arising from the minor's use of the Facility or participation in the Activities.
The parent or guardian acknowledges that this indemnity is a separate and independent obligation owed by the parent or guardian to the Corporation and does not depend on the enforceability of the release against the minor.
10. No Oral Representations; Entire Agreement
I am not relying on any oral or written statement, promise, or representation made by any of the Releasees that is not contained in this Waiver. This Waiver, together with any written membership or participation agreement I sign with the Corporation, sets out the entire agreement between me and the Corporation concerning the subject matter of the Waiver.
11. Independent Legal Advice
I acknowledge that I have had the opportunity to seek independent legal advice about this Waiver before signing it, and that I have either obtained that advice or chosen not to obtain it. I am signing this Waiver voluntarily and of my own free will.
12. Governing Law, Jurisdiction, and Severability
This Waiver is governed by the laws of the Province of British Columbia and the federal laws of Canada applicable in British Columbia. The courts of British Columbia have exclusive jurisdiction over any dispute arising out of or in connection with this Waiver. If any portion of this Waiver is held invalid or unenforceable, the remainder continues in full force and effect.
13. Duration
This Waiver applies to this visit and to all future visits to the Facility and participation in Activities, and remains in effect until I revoke it by written notice delivered to the Corporation. Revocation takes effect when the Corporation receives the notice and does not affect any Activity that has already occurred.
14. Declaration and Signature
I have read and understood this Waiver. I understand that I am giving up substantial legal rights by signing it, including the right to sue the Releasees for their negligence. I am signing voluntarily.
Participant
Witness
Parent or Legal Guardian (only if participant is under 19)
By signing below, I confirm I have read section 9 and accept the release and indemnity set out in this Waiver on my own behalf and on behalf of the minor named above.
This waiver will be provided on paper for signature at your intro session. If you have questions before then, please contact us.