Every Participant (Participant’s Guardian) Must Read and Understand this Waiver Prior to Participation in Classes, Workshops and Open Gyms.
This Agreement will affect your legal rights. Please read it fully and carefully.
I, the undersigned, recognize that risk of significant injury or potential health risks may be involved in my
participation in aerial, acrobatic and fitness classes, private lessons, workshops, open gyms, open
training and other activities at Studio Flux Inc. including The Circus Fix and Shayna Segal Pilates, as
well as City Dance Corps (“Activities”). I acknowledge and fully understand that myself and each
participant in the Activities will be engaging in activities that involve health risks and the risk of serious
personal injury including, but not limited to, permanent disability and death, and severe social and
economic losses (“Risks”) which may result not only from my own actions, inactions or negligence but the actions, inactions, or negligence of others, the condition of the premises used to conduct the Activities or the condition of any equipment used.
In consideration of being permitted to participate in the Activities, I, for myself, my heirs, executors,
administrators, successors, assigns, personal representatives and next of kin HEREBY RELEASE,
WAIVE, AND FOREVER DISCHARGE Studio Flux Inc. including The Circus Fix, Shayna Segal
Pilates, as well as City Dance Corps and all its respective agents, employees, volunteers, officials,
servants, independent contractors, representatives, coaches, sponsoring agencies, successors, heirs and assigns, and other participants in the Activities , and, if applicable, owners and lessors of premises used to conduct the Activities (“Releasees”) OF AND FROM ALL liability, claims, demands, damages, costs and actions whatsoever and however caused arising or to arise in the future by reason of or in connection with my participation in the Activities or any of its associated activities, whether arising from the negligence of the Releasees or otherwise.
In consideration of being permitted to participate in the Activities provided by Studio Flux Inc. and their
Releasees, I represent that I am in good health and have had no known exposure to COVID-19 and no
symptoms of COVID-19, including, but not limited to, cough, fever, shortness of breath or difficulty
breathing, difficulty swallowing, chills, repeated shaking with chills, muscle pain, headache, hair loss, new loss of taste and smell, sore throat,vomiting, diarrhea, conjunctivitis for 14 days prior to attending the facility. I acknowledge that if I suspect, believe, or have any reason to believe, I have had any exposure to COVID-19, I will immediately cease attendance at the facility until I can again warrant that I have had no known exposure for the 14 day period. I further warrant that I will alert the facility if I have been on the premises since my exposure. I have fully read, understood and expressly agree to abide by the safety precautions contained in STUDIO FLUX and CITY DANCE CORPS’ POLICIES AND PROCEDURES re: COVID-19 which have been developed as a best practices method to reduce the risk of transmission of COVID-19. I am aware that training during and after the COVID-19 pandemic involves certain inherent risks, dangers and hazards, which can result in conditions including, but not limited to, serious infection, personal injury or death to myself and others. I further acknowledge, understand, appreciate, and agree that my participation may result in possible exposure to and illness from COVID-19, Influenzas, Contagions and/or Infections. I hereby freely agree to assume and accept all known and unknown risks of exposure to COVID-19, Influenzas, Contagions and/or Infections, even arising from the negligence of the Releasees or others and assume full responsibility for my participation. I further recognize and acknowledge that the risks inherent in training can be greatly reduced by abiding by the Studio Flux and City Dance Corps’ Policies and Procedures, Studio Flux and City Dancey Corps’ Guidelines and Safety First Partnership Agreement and Assumption of Risk.
I hereby waive, release, and discharge all claims that I have or may have in the future, and covenant not
to sue Studio Flux Inc. including The Circus Fix, Shayna Segal Pilates, as well as City Dance Corps, its
administrators, directors, agents, officers, volunteers, employees, contractors, other participants, any
sponsors, advertisers, owners, and lessors of the premises on which the activity takes place (each
considered one of the “Releasees” herein) from all liability, claims, demands, losses, damages, on my account caused or alleged to be caused in whole or in part by the negligence of the Releasees or
otherwise, including negligent rescue operations. I further agree that if, despite this release, waiver of
liability, and assumption of risk, I or anyone on my behalf makes a claim against any of the Releasees, I
will indemnify, defend, and hold harmless each of the Releasees from any loss, liability, damage, or cost,
including attorneys’ fees, which any of the aforementioned may incur as a result of such a claim I accept
for use as-is the equipment to be used in activities governed by this agreement.
I have read this Agreement and I fully understand its terms. I understand that I am giving up substantial
rights, including my right to sue the facility and its staff for injuries resulting from the inherent risks of
training during and after the COVID-19 pandemic, and the ordinary negligence of the facility and staff. I
further acknowledge that I am signing this agreement freely and voluntarily, without inducement or
assurance of any nature, and intend my signature to be a complete and unconditional release of all
liability to the greatest extent allowed by the laws of the Province of Ontario, Governing Law, forum, and
consent to jurisdiction.
This Agreement, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to this Agreement, or the negotiation, execution or performance of this
Agreement (including any claim or cause of action based upon, arising out of or related to any
representation or warranty made in or in connection with this Agreement or as an inducement to enter
into this Agreement), shall be governed by, and enforced in accordance with, the internal laws of the
Province of Ontario. The undersigned herein irrevocably consents to the jurisdiction of the courts in
Ontario, which shall be the sole forum for the resolution of any disputes that arise out of or relate to the
The parties intend this statement of their agreement to constitute the complete, exclusive, and fully
integrated statement of their agreement. This Agreement may not be changed orally, and no modification, amendment or waiver of any provision contained in this Agreement, or any future representation, promise or condition in connection with the subject matter of this Agreement shall be binding upon any party hereto unless made in writing and signed by both parties.
In order to participate in open gyms, private lessons, classes or other events at the facility, the
undersigned accepts the entire agreement. No written modification or strike-out of the originally typed
agreement shall be effective unless signed by both parties. I agree that if any portion of this agreement is
held to be invalid, that portion shall be severable, and the remaining agreement shall continue to have full
force and effect. In the event of my death or incapacity, this agreement shall be effective and binding
upon my heirs, estate, next of kin, executors, administrators, assigns and representatives.
I freely accept and assume any and all responsibility for all Risks and property damage or loss resulting
from my participation in the Activities. I accept these Risks and agree to the terms of this waiver even if
any one or all of the Releasees are found to be negligent or in breach of any duty of care or any
obligation to me.
I confirm that I have reached the age of majority in the province or territory in which I am participating in