Informed Consent and Assumption of Risk Agreement

Please Read Carefully

By signing this document, you will assume certain risks and responsibilities

1. This is a binding legal agreement. Clarify any questions or concerns before signing. As a participant in the sport of tumbling/gymnastics and the spectating, orientation, instruction, activities, programs and services of 1001511560 Ontario Inc. o/a Elements Tumbling & Strength and Markham Athletics (collectively the “Activities”), the undersigned being the Participant and the Participant’s Parent/Guardian (if Participant is under 18 years old), (collectively the “Parties”), acknowledge and agree to the terms outlined in this document.

   1001511560 Ontario Inc. o/a Elements Tumbling & Strength, Markham Athletics and their respective Directors, Officers, members, employees, coaches, volunteers, officials, participants, agents, sponsors, owners/operators of the facilities in which the Activities take place, and representatives collectively referred to as the “Organization”.

   1001511560 Ontario Inc. o/a Elements Tumbling & Strength enters into this Agreement on its own behalf and as agent and trustee for each other person and entity included in the definition of the Organization, each of whom may reply on and enforce this Agreement.

2. The Parties understand and acknowledge that:

   a) The Activities have foreseeable and unforeseeable inherent risks, hazards, and dangers that no amount of care, caution or expertise can eliminate, including without limitation, the potential for serious bodily injury.

   b) The Organization may offer or promote online programming (such as webinars, remote conferences, workshops, and online training) which have different foreseeable and unforeseeable risks than in-person programming.

   c) The Organization has a difficult task to ensure safety and it is not infallible. The Organization may be unaware of the Participant’s fitness or abilities, may give incomplete warnings or instructions, may misjudge weather or environmental conditions, and the equipment being used might malfunction.

   Description and Acknowledgment of Risks

3. The Participant is participating voluntarily in the Activities. In consideration of that participation, the Parties hereby acknowledge that they are aware of the risks, dangers, and hazards and may be exposed to such risks, dangers, and hazards. The risks, dangers and hazards include, but are not limited to:

   a) Privacy breaches, hacking, technology malfunction or damage.

   b) Executing strenuous and demanding physical techniques and exerting and stretching various muscle groups.

   c) Vigorous physical exertion, strenuous cardiovascular workouts, and rapid movements.

   d) The failure to properly use any piece of equipment or from the mechanical failure of any piece of equipment or apparatus.

   e) Failure to follow instructions or rules.

   f) Serious injury to virtually all bones, joints, ligaments, muscles, tendons, and other aspects of the Participant’s body or to the Participant’s general health and well-being.

   g) Abrasions, sprains, strains, fractures, or dislocations.

   h) Concussion or head injuries, including but not limited to closed head injury or blunt head trauma.

   i) Physical contact with other participants, spotters, spectators, equipment, and hazards.

   j) Collisions with walls, any tumbling/gymnastics apparatus, the floors, or mats.

   k) Falling, tumbling, or hitting any tumbling/gymnastics apparatus, the floor, mats, or other surfaces.

   l) Failure to act safely or within the Participant’s ability or designated areas.

   m) Negligence of other persons, including other spectators, participants, or employees.

   Terms

4. In consideration of the Organization allowing the Participant to participate in the Activities, the Parties agree:

   a) That when the Participant practices or trains in their own space, the Parties are responsible for the Participant’s surroundings and the location and equipment that is selected for the Participant.

   b) That the Participant’s mental health and physical condition is appropriate to participate in the Activities and the Parties assume all risks related to the Participant’s mental and physical condition.

   c) That the Participant may experience anxiety while challenging themselves during the Activities.

   d) To comply with the rules and regulations for participation in the Activities.

   e) To comply with the rules of the facility or equipment.

   f) The risks associated with the Activities are increased when the Participant is impaired, and the Participant will not participate if impaired in any way.

5. In consideration of the Organization allowing the Participant to participate, the Parties agree:

   a) That the Parties are not relying on any oral or written statements made by the Organization or their agents, whether in brochure or advertisement or in individual conversations, to agree to participate in the Activities.

   b) That the Organization is not responsible or liable for any damage to the Participant’s vehicle, property, or equipment that may occur as a result of the activities; and

   c) That this Agreement is intended to be as broad and inclusive as is permitted by law of the Province of Ontario and if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect

   Jurisdiction

6. The Parties agree that in the event that they file a lawsuit against the Organization, they agree to do so solely in the Province of Ontario.

   Acknowledgement

7. The Parties acknowledge that they have read this Agreement and understand it, that they have executed this Agreement voluntarily, and that this Agreement is to be binding upon themselves, their heirs, their spouses, parents, guardians, next of kin, executors, administrators and legal personal representatives.

Release and Waiver

To the extent permitted by applicable law, the Parties agree to release and hold harmless the Organization from claims arising from the inherent risks associated with participation in the Activities, including the risks described in this Agreement.

The Parties understand that this Agreement is not intended to waive any rights that cannot legally be waived under applicable law.

Emergency Medical Authorization

In the event of an emergency where a parent or legal guardian cannot be reached, I authorize Elements Tumbling & Strength and its representatives to obtain reasonable emergency medical assistance for the participant.

I understand that the parent or legal guardian is responsible for any costs associated with emergency medical treatment or transportation.

Participant Responsibilities

I understand that participants are expected to follow all reasonable instructions provided by coaches and instructors, use equipment only as directed, and immediately advise an instructor of any pain, injury, dizziness or other condition that may affect their ability to participate safely.

I agree that the participant should not take part in activities when injured, ill or otherwise unable to participate safely.