MTC Facility Waiver

mtc facility waiver

In signing this document, you are waiving the right to bring a court action to recover compensation or
obtain any other remedy for; personal injuries, damage to property, loss of property, accident of any kind, death,
arising out of your use of 2144783 Ontario Limited hereinafter referred to as Maximum Training Centre. This includes Maximum Training Centre’s facilities, equipment, your participation in classes or activities sponsored by Maximum Training Centre (including but not limited to tournaments, boot camps, seminars, clinics, workshops, martial arts classes, and special events), whether supervised or unsupervised. You must be 18 years of age or older to sign this Acknowledgement and Release, otherwise a parent or guardian must sign on your behalf.
Maximum Training Centre operates facilities (“Gym”) and equipment located at 1929 Provincial Rd (Unit C),Windsor, Ontario, N8W 5V7, Canada and may provide classes or activities whether supervised or unsupervised by Maximum Training Centre’s agents (collectively the “Gym Activities”). AND WHEREAS an essential condition for Maximum Training Centre permitting me to use its facilities and/ or participate in Gym Activities, I have agreed to give this Acknowledgement and Release. NOW THEREFORE, IN CONSIDERATION of Maximum Training Centre permitting me to use the Gym and participate in Gym Activities, I, for myself, my personal representatives, assigns, and heirs:
(1) Acknowledge, agree and represent that I understand the nature of the Gym and Gym Activities and
that I am in good health and in proper physical condition to use the Gym and participate in Gym
(2) Fully understand that:
a) The Gym and Gym Activities may involve serious risks and dangers of serious bodily injury, including
permanent disability, paralysis, and death (the “risks”).
b) These risks may be caused by my own action, the actions or inactions of others using the Gym or
participating in the Gym Activities, the condition of the Gym or the condition in which the Gym
Activities take place, or the negligence of the releases listed below and the following page.
c) There may be other special or unusual risks associated with the Gym or Gym Activities, including
social or economic losses, either known to me or not readily foreseeable at this time AND IFULLY
(3) Agree and warrant that I will examine and inspect all gym equipment and each Gym Activity in which I
take part and that, if I observe any condition which I consider to be hazardous or dangerous, I will notify
the proper authority in charge of the Gym or Gym Activities, as the context requires, and will refuse to
use such equipment or take part in such Gym Activities until the condition has been corrected to my
(4) Hereby release, discharge and covenant not to sue Maximum Training Centre, its officers,
directors, shareholders, employees, volunteers, instructors, participants in Gym Activities,
users of the Gym, assigns, owners and lessors of the facility where the Gym is located, all
designers, manufacturers and installers of equipment and other fixtures located at the Gym’s
facilities (collectively referred to as the “releases”) from all liability, claims, causes of
action, demands, losses or damages on my account caused, or alleged to have been caused, by
in whole or in part by my use of the Gym, my participation in Gym Activities or the
acknowledgement and release I or anyone on my behalf, makes a claim against any of the
releases, whether directly or indirectly, I will indemnify, save and hold harmless each of the
releases from any litigation expense, solicitor fee, loss, liability, damage or cost which may
be incurred as a result of such claim.
(5) CHOICE OF LAW AND ATTORNMENT- This acknowledgement and release shall be
governed by and construed in accordance with the laws of the province of Ontario and the
laws of Canada. I agree that the courts of the province of Ontario will have exclusive
jurisdiction to determine all disputes and claims arising between the parties.
(6) SUCCESSORS AND ASSIGNS- This acknowledgement and release shall be binding upon
myself, my personal representatives, assigns, and heirs and shall endure to the benefit of
Maximum Training Centre and its respective heirs, executors, administrators, directors,
successors and, assigns.
(7)I understand and agree that I may be photographed, videotaped, contacted by email or other
means, or have my likeness recorded by other means and used for commercial purposes,
including but not limited to marketing, instructional products, and internet applications.
I have read this acknowledgement and release, fully understand its terms and understand
that I have given up substantial rights by signing it, and have signed it freely and without any
inducement or assistance of any nature and intend it to be irrevocable and unconditional release of
release shall continue in full force and effect.