Women of Colour Remake Wellness (WoCRW) Liability Waiver and Assumption of Risk Agreement - 2025
Women of Colour Remake Wellness (WoCRW) Liability Waiver and Assumption of Risk Agreement
(Legally Binding Agreement – Please Read Carefully Before Signing)
THIS AGREEMENT IS MADE IN THE PROVINCE OF ONTARIO, CANADA, AND IS GOVERNED BY THE LAWS OF ONTARIO AND APPLICABLE FEDERAL LAWS OF CANADA.
By signing this document, I acknowledge that I have read, understood, and voluntarily agreed to the terms herein. I understand that I am waiving significant legal rights, including the right to sue, for injuries, property damage, or death that may occur as a result of my participation in activities organized by Women of Colour Remake Wellness (hereinafter referred to as "WoCRW").
1. Assumption of Risk
I acknowledge and agree that my participation in activities organized by WoCRW, including but not limited to outdoor, wellness, and fitness activities, involves significant risks, including the risk of injury, illness, property damage, and death. These activities include, but are not limited to:
Activities Covered
Hiking, trail walking, and nature exploration.
Camping, including overnight stays in remote or wilderness areas.
Rock climbing, bouldering, and rappelling.
Ice skating (outdoor and indoor).
Cross-country skiing, snowshoeing, and sledding.
Stand-up paddleboarding (SUP), canoeing, kayaking, and other water-based activities.
Swimming in natural or artificial bodies of water.
Yoga (indoor, outdoor, or SUP yoga).
Pilates (reformer or mat-based, indoor and outdoor).
Barre, dance fitness, strength training, Tai Chi, Qigong, and other wellness or fitness classes.
Meditation, mindfulness, and breathwork sessions.
Group fitness sessions (e.g., boot camps).
Cycling, mountain biking, and running.
Any other physical, recreational, or wellness activities provided by WoCRW.
I further acknowledge that:
These activities may take place in environments that include, but are not limited to, remote wilderness areas, public parks, studios, and urban settings, where access to medical care may be delayed.
Risks associated with these activities include, but are not limited to:
Physical injuries (e.g., fractures, concussions, cuts, burns, sprains, strains).
Severe medical events (e.g., hypothermia, heatstroke, drowning, allergic reactions, cardiac events).
Mental harm, including emotional distress or anxiety.
Death, due to environmental hazards, accidents, or pre-existing medical conditions.
Property damage, theft, or loss.
I confirm that my participation is voluntary and that I assume all risks associated with these activities, whether known or unknown, foreseeable or unforeseeable, including those caused by negligence or carelessness of WoCRW or its representatives.
2. Waiver and Release of Liability
In consideration of being permitted to participate in activities organized by WoCRW, I, on behalf of myself, my heirs, executors, administrators, assigns, and legal representatives, hereby agree as follows:
I fully and forever waive, release, and discharge WoCRW, its directors, officers, employees, contractors, instructors, volunteers, agents, sponsors, affiliates, and any owners or operators of the premises where activities are conducted (collectively referred to as "the Organization") from any and all claims, demands, actions, causes of action, damages, or losses of any kind, including claims for negligence, gross negligence, or breach of duty of care, arising from my participation in the activities.
I understand that this waiver applies to all claims, including but not limited to those for personal injury, property damage, emotional harm, illness, or death, whether caused by the Organization’s negligence or otherwise.
I agree to indemnify and hold harmless the Organization from any and all claims, demands, or legal actions brought against it as a result of my actions, conduct, or participation in the activities. This includes legal fees and costs incurred in defending against such claims.
3. No Insurance Coverage
I acknowledge that WoCRW does not carry liability, accident, or health insurance for participants. I am solely responsible for obtaining any personal insurance coverage I deem necessary.
4. Covenant Not to Sue
I agree not to commence or pursue any lawsuit, claim, or proceeding against WoCRW or its representatives for any injury, loss, damage, or death arising from my participation in its activities. This covenant not to sue is binding on my heirs, executors, administrators, assigns, and legal representatives.
5. Fitness to Participate
I confirm that:
I am physically, mentally, and emotionally fit to participate in the activities and have no medical condition or concern that could endanger myself or others.
I will immediately cease participation if I experience any unusual discomfort, hazards, or unsafe conditions.
I will comply with all instructions, rules, and safety protocols provided by the Organization.
6. Medical Emergencies
I consent to receive emergency medical treatment in the event of an injury, accident, or illness during WoCRW activities. I understand and accept full responsibility for all associated medical costs.
7. Governing Law and Jurisdiction
This agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario, Canada. Any disputes arising out of this agreement shall be resolved exclusively in the courts of Ontario.
8. Severability
If any provision of this agreement is found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
9. Legal Framework Reference
This waiver is drafted in accordance with:
Ontario’s Occupiers' Liability Act, R.S.O. 1990, c. O.2, which allows for the exclusion of liability for risks voluntarily assumed by participants.
The Negligence Act, R.S.O. 1990, c. N.1, which provides for shared liability in cases of contributory negligence.
The Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, which governs the time limits for legal actions in Ontario.
By signing this waiver, I confirm that I am voluntarily assuming all risks and releasing WoCRW from liability to the fullest extent permitted by these laws.
10. Participant Acknowledgment
By signing below, I confirm that:
I have carefully read and understood this agreement in its entirety.
I am signing this agreement voluntarily and without inducement or coercion.
I understand that by signing this agreement, I am waiving my right to sue or claim compensation for injuries, losses, or death resulting from my participation.