Release of Liability and Waiver of Claims

BY AGREEING TO THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION. PLEASE READ CAREFULLY.

In consideration of Kathleen Grace Fitness (“Kathleen Grace Fitness”), an online fitness training business, permitting the individual named below (“I” or “me”) to participate in guided fitness classes (the “Activities”) and for other good and valuable consideration, I agree to all the terms and conditions set forth in this agreement (the “Agreement”).

ASSUMPTION OF RISKS

I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES INVOLVE MANY RISKS, DANGERS AND HAZARDS, INCLUDING BUT NOT LIMITED TO THE RISK OF SERIOUS INJURY, DEATH OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS AND HAZARDS INVOLVED AND THE POSSIBILITY OF INJURY, DEATH OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.

I hereby expressly waive and release any and all claims which I have or may in the future have against Kathleen MacPhee, Kathleen Grace Fitness, its employees, agents, representatives, heirs, successors and assigns (collectively, “Releasees”), arising out of or attributable to my participation in the Activities, due to any cause whatsoever, including without limitation the negligence of Kathleen Grace Fitness or any other Releasee, breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation or otherwise. I covenant not to make or bring any such claim against Kathleen Grace Fitness or any other Releasee, and forever release and discharge Kathleen Grace Fitness and all other Releasees from liability under such claims.

I SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS KATHLEEN GRACE FITNESS AND ALL OTHER RELEASEES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE LEGAL FEES, IN CONNECTION WITH ANY THIRD-PARTY CLAIM, SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RESULTING FROM THE ACTIVITIES, INCLUDING THE NEGLIGENT PERFORMANCE OF THE ACTIVITIES BY KATHLEEN GRACE FITNESS.

This Agreement constitutes the entire agreement of Kathleen Grace Fitness and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is held to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall ensure to the benefit of me and my heirs and next-of-kin, and Kathleen Grace Fitness and its successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of Prince Edward Island and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of Prince Edward Island and I hereby consent to the exclusive jurisdiction of such courts.

I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE THE COMPANY AND THE RELEASEES.