AWARENESS AND ASSUMPTION OF RISK
I am aware that my involvement in the classes, workshops, demos, and any related
fitness and/or wellness activities (collectively, the “Activity”) being offered by LEVEL by
Oxford Properties, 85 Richmond Street W, Toronto, Ontario, involves risks, including
risk of personal injury, death, property damage, expense and related loss. Additional
risks include negligence on the part of OREC(RAC) Holdings Inc., 9486798 Canada Inc.,
OPGI Management GP Inc. and OPGI Management Limited Partnership and their
respective assignees and mortgagee’s (collectively, the “Landlord”) and the Landlord’s
directors, officers, employees, representatives, agents and Matthew Bonas Yoga Inc.
(MBYI). I voluntarily accept and fully assume all such risks and the possibility of
personal injury, death, property damage, expense and related loss. I also declare that I
am physically fit to participate in the Activity and that I am unaware of any pre‐existing
condition, including, without limitation, heart disease, high blood pressure or
pregnancy, which could increase my risk of harm as a result of participating in the
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Landlord contracting with a third‐party instructor for the Activity,
1. To waive any and all claims that I have now or may have in future against the
Landlord as a result of my participation in the Activity.
2. To release the Landlord from any and all liability for any personal injury, death,
property damage, expense and related loss that I, my next of kin, my heirs, my
executors, my administrators or my assigns may suffer as a result of my participation
in the Activity, due to any cause whatsoever, including negligence, breach of contract
or breach of any statutory duty of care.
3. To hold harmless and indemnify the Landlord from any and all liability for any
damage to property of, or personal injury to, any third party, resulting from my
participation in the Activity.
4. That this agreement is binding on not only myself but my next of kin, heirs,
executors, administrators and assigns.
I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND IT. I AM AWARE THAT BY SIGNING THIS DOCUMENT I AM WAIVING CERTAIN RIGHTS WHICH I OR MY NEXT OF KIN, HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS MAY HAVE AGAINST THE OMERS PARTIES. I HAVE HAD SUFFICIENT TIME TO READ THIS AGREEMENT.
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