General Assumption of Risk & Limitation of Liability
By signing this contract, enrolling online, attending classes, events, activities, and/or other programs, including without limitation participating online in any such classes, events, activities, and/or other programs of Julie Harrish Fitness, subsidiaries and affiliates (collectively "Julie Harrish") whether online, in an in-person Julie Harrish class, or using Julie Harrish equipment (collectively, “Services”), you hereby acknowledge and agree, on behalf of yourself, your heirs, personal representatives, and/or assigns (collectively “you” and/or “yourself”) that (a) there are certain inherent risks and dangers in the strenuous nature of the Julie Harrish workout program, (b) you have voluntarily chosen to participate in an intense physical exercise program, (c) you understand that Julie Harrish strongly recommends that you consult with your physician prior to commencing any workout regimen, (d) you have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to, abnormal blood pressure, fainting, heart attack, and/or death, and (e) you assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost, or damages Julie Harrish, members, officers, directors and employees for any injury, harm, or loss you may suffer, including death, as a result of participation in any Julie Harrish Services.
Special Limitation of Liability During the Coronavirus/COVID-19 Pandemic
Julie Harrish takes the Coronavirus pandemic very seriously and has put in place preventative measures to help reduce the spread of COVID-19; however, Julie Harrish cannot guarantee that you, your family, and/or your guests will not become infected with COVID-19. It is possible that attending classes, events, and/or activities with Julie Harrish may place you in close physical contact with other members, attendees, and staff and could increase the risk that you, your family members, and/or your guests contract COVID-19. You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you, your family members, and/or your guests may be exposed to or infected by COVID-19 at a Julie Harrish class and that such exposure or infection could result in personal injury, illness, permanent disability, and/or death. You understand that the risk of becoming exposed to or infected by COVID-19 at a Julie Harrish class may result from the actions, omissions, or negligence of yourself or others, including, but not limited to, Julie Harrish, employees, and members.
By signing this document, enrolling online, and/or attending in person classes, events, activities, and other programs with Julie Harrish, to the extent allowed by applicable law, you voluntarily agree, on behalf of yourself, your heirs, personal representatives and/or assigns, and any minor child you may enroll: (a) to assume all of the foregoing risks related to COVID-19 and accept sole responsibility for any COVID-19 related injury, illness, damage, loss, claim, liability, or expense of any kind (including, but not limited to, personal injury, disability, and/or death) that may occur to you or your family members in connection with attendance at a Julie Harrish class or as a result of participation in Julie Harrish Fitness Services (“Claims”), and (b) covenant not to sue Julie Harrish, clients, and employees for the Claims, including all liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating thereto based on the actions, omissions, or negligence of Julie Harrish, members, and employees, whether a COVID-19 infection occurs before, during, or after participating in any Julie Harrish Services. You also acknowledge that some provinces do not allow waiver of certain types of risks so the above limitations may not all apply to you.
Julie Harrish disapproves of any unwelcomed, inappropriate, and/or offensive conduct by personnel or members. If you believe you have been subject to unwelcomed, inappropriate, and/or offensive conduct by any Julie Harrish member, including while participating in a Julie Harrish class, or any other Julie Harrish Fitness-related context, we encourage you to clearly, and promptly, tell the person engaging in the conduct that the conduct is unwelcomed and offensive (if you are comfortable doing so). We also ask that you promptly notify a member of the Julie Harrish Fitness team if the harassment takes place in a class or email Julie directly (firstname.lastname@example.org) if the harassment takes place digitally or if you feel more comfortable reporting the harassment by email.
When making a report or complaint, we strongly recommend that you provide as much specific information as possible in writing, including the following regarding each alleged incident: date, time, place (specify location, time/type of class), names of any witnesses, what was said or done, and any other relevant surrounding facts/circumstances.
Julie Harrish Fitness will strive to appropriately investigate any reported incidents and seek to provide due process for all parties. Julie Harrish responsive actions, however, cannot be known in advance since they will vary depending upon the nature of the allegations and the outcome of the investigation. Julie Harrish strives to maintain confidentiality throughout the investigative process to the extent practicable. However, our duty to investigate and take corrective action as appropriate may require the disclosure of certain information, and therefore, confidentiality cannot be guaranteed.
AUTHORIZATION TO RECORD AND USE RECORDINGS, NAME AND EVENT INFO.
RELEASE AND WAIVER
In consideration of the acceptance of my registration for the activities and programs offered or sponsored by Julie Harrish and/or affiliates, I hereby for myself, my heirs, executors, administrators, or any others who may claim on my behalf, promise not to sue, and hereby waive, release and discharge Julie Harrish and anyone acting for or on her behalf, from any and all claims of liability for personal injury, illness, loss of life or property damage of any kind or nature, arising out of or sustained in the course of my participation in the activities and programs offered or sponsored by Julie Harrish or related events. This Release and Waiver applies to all claims, foreseen or unforeseen, including negligence and breach of statutory or other duty of care (including that owed under The Occupier's liability Act). I acknowledge and agree that during the course of participating in activities, programs and events offered or sponsored by Julie Harrish and/or affiliates throughout the world, I may be photographed, taped, recorded or broadcast and I agree to the unrestricted use (alone or together with other materials) of my image or likeness for use on print, web, publications, advertisements, social media, non-theatrical, home video, Internet, any other electronic medium presently in existence or invented in the future, etc. I also understand that no compensation, fee or royalty will be payable to me from such usage. I represent that it is notnecessary for Julie Harrish to obtain permission from or to pay any third party in connection with the rightsgranted in this paragraph.
LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS.
I hereby grant to Julie Harrish a perpetual license to use all comments, feedback, and ideas I may share with Julie Harrish and/or affiliates, without notice, compensation, or acknowledgement to me, for any purposes whatsoever, including, but not limited to, developing, manufacturing, and marketing products and services and creating, modifying, or improving products andservices.
In the event of any dispute between me and any of the Released Parties (defined above), such dispute shall be settled by arbitration administered by the International Chamber of Commerce under its Rules of Arbitration. The hearing shall be conducted in Toronto, Canada unless both parties consent to a different location and this Participant Release shall be governed by Ontario law and the federal laws of Canada applicable in Ontario, without reference to conflicts of law principles. The decision of the arbitrator shall be final and bindinguponallparties,andjudgmentupontheaward renderedpursuantto sucharbitrationmaybeenteredinanycourtofcompetentjurisdiction.
If any term of this Participant Release, or the application to any Person or circumstance, to any extent, is invalid or unenforceable, the remainder of this Participant Release or the application of such provision to Persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected and each remaining term of this Participant Release shall be separately valid and shall be enforceable to the fullest extent permitted by law.
I understand that, during any event or Julie Harrish class, I may be exposed to ideas, designs, discoveries, inventions, and trade secrets, including footwear, apparel and equipment designs under development, fabrication processes, innovative materials, drawings, business and marketing plans, sales data, and research about biomechanics and exercise physiology. I agree that all Julie Harrish Fitness files, data, and information are and shall remain the property of Julie Harrish and as such may not be used, or copied or distributed to third parties, without the express prior written consent of Julie Harrish. My obligations of non-disclosure with respect to Julie Harrish proprietary information shall remain in effect for five years from the date I gain access, so long as such information has not entered into the public domain.
By signing this document, I hereby acknowledge that I have voluntarily chosen to participate in an intense physical exercise program. I understand that Julie Harrish strongly recommends that I consult with my physician prior to commencing any classes. By signing this document, I acknowledge that I have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death. By signing this document, I assume all risk for my health and well-being, and fully release and hold harmless for any responsibility, cost or damages Julie Harrish, members, and employees. I release Julie Harrish any affiliate of the foregoing and each of their respective partners, officers, directors, employees, volunteers, agents, executors, administrators, successors, and assigns ("the Released Parties") at my own risk and I agree to forfeit any, and all forms of legal recourse which may be available to me, including but not limited to any form of damages that result from my participation in the classes. I agree that these provisions above apply to me, my family heirs, executors, and anyone else who may be able to bring a legal action on your behalf in the future. I hereby indemnify and hold harmless the Released Parties from any and all liability for any property damage or personal injury to any third party resulting from your participation in the classes. I hereby acknowledge that I, and any minor* under my care, fully release.
*No one under 15may participate. A minor aged 15-17 may participate with a guardian present.