PLEASE READ CAREFULLY — THIS SECTION AFFECTS YOUR LEGAL RIGHTS. In consideration of the applicable BodyStats entity agreeing to permit me to participate in VO₂ max testing, providing access to its premises, equipment, and staff, accepting my booking and any fee paid, and in reliance on the assumptions, waivers, releases, and indemnities I give below (which the applicable BodyStats entity would not provide the test without), I, on behalf of myself and my heirs, executors, administrators, successors, and assigns, agree:
In plain language: you are agreeing that you cannot sue BodyStats — or the people and companies listed below — for injury, illness, or death from this test, even if it happens because of their carelessness (negligence). This summary is for convenience only; the numbered terms below are what you are agreeing to.
- I freely and voluntarily assume all risks of personal injury, illness, death, or property loss arising from or related to my participation, including the risks in Section 4, whether or not foreseeable.
- I waive all claims against, release from all liability, and agree not to sue the applicable BodyStats entity, BodyStats, and their parent and affiliated companies that operate or support BodyStats testing, and their respective directors, officers, employees, contractors, agents, successors, and assigns, together with the owners and occupiers of the premises (the “Released Parties”) for any injury, illness, death, loss, or damage connected with my participation. The Released Parties who are not parties to this agreement (including the owners and occupiers of the premises) are intended to benefit from this release and may rely on it as if they had signed it.
- THIS WAIVER AND RELEASE APPLIES EVEN WHERE THE INJURY, ILLNESS, DEATH, LOSS, OR DAMAGE IS CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE, BREACH OF CONTRACT, BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, OR BREACH OF THE OCCUPIERS LIABILITY ACT, OF ANY OF THE RELEASED PARTIES (INCLUDING THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS), HOWSOEVER CAUSED, WHETHER BY ACT OR OMISSION AND WHETHER ACTIVE OR PASSIVE, including any negligent failure to screen, supervise, instruct, maintain equipment, or otherwise protect me from the risks described in this document.
- This release is intended to be effective to the fullest extent permitted by the laws of the Province of the applicable province. If and only to the extent any applicable law prohibits the exclusion or limitation of a particular liability, that liability (and only that liability) is excepted from this release, and the remainder of this release continues to apply with full force.
- INDEMNITY. To the fullest extent permitted by law, I will indemnify, defend, and hold harmless the Released Parties from any claim, demand, action, loss, damage, cost, or expense (including reasonable legal fees) brought by any other person — including a family member, dependant, my estate, or anyone claiming through or on behalf of me — arising from my participation, except to the extent it arises from liability that cannot lawfully be excluded.
- Occupiers’ notice. This agreement is also notice under the Occupiers Liability Act of the applicable province that the occupiers of the premises restrict, modify, and exclude their duty of care to me to the fullest extent that Act permits.
- This agreement is governed by the laws of the Province of the applicable province, with exclusive jurisdiction in that province’s courts. It binds my heirs, next of kin, executors, administrators, estate, and assigns; to the fullest extent permitted by law, I intend it to bar any claim arising from my injury or death brought by them or by any dependant, including any claim under the Family Compensation Act (British Columbia) or the Family Law Act (Ontario), as applicable.
- If any part of this agreement is found to be unenforceable, the remaining parts continue in full force and effect.