To: Dynamic Reliable Solutions Inc. o/a SereneFitness, and its shareholders, directors, officers, employees, sponsors, representatives, independent agents, agents, members, volunteers, affiliated and associated legal entities, successors, and assigns (herein called the “SereneFitness”).
This agreement is made on the below noted date by and between Joanne Kryski of SereneFitness, a Division of Dynamic Reliable Solutions Inc. (hereinafter “the Trainer/Instructor”) and the purchaser(hereinafter “the Client”)
In regard to my preparation for and participation in SereneFitness’ exercise classes, physical activities, and personal training sessions (herein called the “Physical Events”), including but not limited to the fitness activities and exercise held at various locations, I am aware:
a) fitness activities and exercise and the participation in the Physical Events exposes participants to many risks and hazards, some of which are inherent in the very nature of the training required, the Physical Events and fitness activities and exercise itself, others which result from human error and negligence on the part of the persons involved in preparing, organizing and staging fitness and exercise activities;
b) as a result of the aforesaid risks and hazards, I as a participant may suffer serious personal injury, (even death), as well as property loss;
c) some of the aforesaid risks and hazards are foreseeable, but others are not;
d) I nevertheless freely and voluntarily assume all the aforesaid risks and hazards, and the possibility of personal injury, death, property damage or loss, resulting there from and that, accordingly, my preparation for, and participation in, the aforesaid fitness activities and exercise and Physical Events shall be entirely at my own risk; and
e) that I understand that Serenfitness’ officers, directors, employees, independent contractors, agents, affiliated clubs, sponsors or volunteers do not assume any responsibility whatsoever for my safety during the course of my preparation for, or participation in, the aforesaid fitness activities, exercise or Physical Events.
1. TO WAIVE ANY AND ALL CLAIMS, known or unknown, that I may have or may in the future have against the SereneFitness.
2. TO RELEASE SERENEFITNESS from any and all liability for any and all personal injuries, loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer resulting from or arising out of my preparation for and participation in the Physical Events DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF THE SERENEFITNESS, AND ALSO INCLUDING THE FAILURE ON THE PART OF THE SERENEFITNESS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF FITNESS ACTIVITIES AND EXERCISE REFERRED TO ABOVE.
3. TO BE LIABLE AND TO HOLD HARMLESS AND INDEMNIFY THE SERENEFITNESS from any and all liability for any damage to property of, or personal injury to, any third party, resulting from or arising out of my preparation for and participation in the Physical Events.
4. Each section, part, term and/or provision of this Agreement will be considered severable and fully-enforceable. In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, but this Agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein.
5. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity.
6. 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 Alberta, Canada. Any litigation involving the parties to this Agreement shall be brought solely within Alberta and shall be within the jurisdiction of the Courts of the Alberta.
In entering into this Agreement, I am not relying upon any oral or written representations or statements made by the SereneFitness with the respect to the safety of fitness activities and exercise and the preparation for and the participation in the Physical Events, other than what is set forth in this Agreement.
For all services not rendered under session passes, the Trainer/Instructor shall be paid at a rate of $45more/hour session or $40/half-hour session (plus GST). The fees for the aforementioned session shall be paid in full at the time of booking a session. The Client may elect to pay such fees on a monthly basis where all payments will be made by the 1st of each month with the charge for late payments being $50.00. For all NFS payments there will be a charge of $100.
Expiry of Session Passes and Cancellations
Twelve Session or more packages are valid for 12 months from date of issue.
Cancellations must be made at least 24 hours in advance of scheduled session via email:SereneFitness2000@gmail.com. Sessions cancelled less than 24 hours in advance will be charged in full to the Client.
Sessions shall start at scheduled time. Sessions will not be extended due to tardiness of Client or due to interruptions made by the Client.
In the event that a medical problem, as supported by a doctor’s certificate, prevents the completion of pre-paid sessions within the time period set forth, the Client may take an extended period of time, not to exceed 1 year, to complete said sessions. There shall be no cash refunds.
This agreement shall continue to be in effect until June 30, 2025, unless otherwise cancelled in writing by both parties.
Electronic Approval in lui of Signature
I have read and understand this agreement and I am aware that by electronically approving this agreement, I am waiving certain legal rights which I may have against SereneFitness.