In-person classes agreement of Release and Waiver of Liability & Acceptance of Risk
If applicable, you hereby attend any fitness classes offered by Realspin (Lauren Kaplan or any other instructors, as listed on the realspin.ca website), you (or your parent or guardian if you are under the age of majority) agree to this Agreement of Release and Waiver of Liability & Acceptance of Risk (the “Agreement”) agreeing to the following:
As a participant in realspin fitness classes, I recognize and acknowledge that there are certain risks of physical injury including, but not limited to death which may arise from accidental contact, falling or other causes. I have no physical condition, which would present a risk of injury to me through my participation in these spinning / fitness classes. Notwithstanding any instruction by anyone in the realspin class, I agree to assume responsibility for any such injuries, damages or loss which I may sustain as a result of participating in any and all activities connected to or associated with any class on the realspin.ca website, in person, or online.
I hereby release, waive and discharge Lauren Kaplan, or any other listed instructor on the realspin.ca website from any and all liability, claim, damages and losses arising out of any loss, damage or injury that may be sustained by me or to any property belonging to me while participating in any and all activities connected to or associated with realspin.ca
It is my express intent that this Agreement shall bind the members of my family, my heirs, and assigns. I further agree that participation in any realspin fitness classes will be at my own discretion and judgment. I further understand that should it be discovered that I have not satisfied any one of these requirements, it may, but is not required to, terminate my participation in a fitness class.
I acknowledge and agree that there are no cancellations, refunds and or exchanges from the purchase of any package, memberships, classes or series of classes, other than as prescribed by law.
I acknowledge and agree that realspin memberships, classes and series of classes may not be transferred or shared.
Warranty Disclaimer and Limitation of Liability
To the maximum extent permissible by law, the fitness classes and services offered by Lauren Kaplan are provided “as is”, “as available” and “with all faults”. Except as provided by applicable law, Lauren Kaplan disclaims, and provides no representations, warranties, conditions or guarantees, express or implied, including any implied representations, warranties, conditions or guarantees of fitness for a particular purpose, merchantability and non-infringement.
Under no circumstances will realspin, Lauren Kaplan, her instructors, or representatives be liable for any indirect, consequential, special, exemplary, punitive or incidental damages, whether foreseeable or unforeseeable, based on any claims by you (including, but not limited to claims for loss of data, goodwill, profits, use of money or use of the firne, interruption in use or available of data, stoppage or impairment of other assets), arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort, or otherwise. In addition, in no event will Lauren Kaplan’s or realspin’s cumulative or aggregate liability to you for direct or any other damages of any kind or nature in connection with the services or otherwise under the Rider Agreement exceed one hundred Canadian dollars (CDN $100.00).
This Agreement is governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein, without regard to rules relating to conflict of laws. Any action relating to this Agreement must be brought in Montreal, Quebec, Canada and you irrevocably consent to the jurisdiction of such courts.
This Agreement constitutes the sole and entire agreement between you and Lauren Kaplan with respect to the subject matter hereof. It supersedes any other agreement, whether oral or in writing, and renders any other agreement regarding the subject matter hereof null and void.
If any provision of this Agreement shall be declared unlawful, void or for any reason, unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.
You agree that this Agreement is specifically enforceable by Lauren Kaplan, or realspin or by her representatives by injunctive relief and other equitable remedies without proof of monetary damages.