Welcome! Before participating in The Body Engineers’ services, we need you to thoroughly read, understand, and agree to this Waiver and Release of Liability (the “Waiver”). The purpose of this Waiver is to clearly communicate some risks of participating with us, and to have you release The Body Engineers of any liability if you get injured or sick, if you have complications or side effects, if any of your things are lost, stolen or broken, or if anything else goes wrong. Please be aware that if you do not sign this Waiver and agree to its terms, you will not be permitted to participate in any services.

If you are a minor in the Province of Ontario or in your place of residence, your legal guardian must also sign this Waiver on your behalf.

PLEASE READ CAREFULLY TO MAKE SURE YOU UNDERSTAND THIS WAIVER. PLEASE ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. BY SIGNING THIS YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS TO SUE, AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WAIVER.

1. Parties. We are The Body Engineers Inc., a Corporation based in the Province of Ontario. In this Waiver, we will refer to ourselves as “The Body Engineers,” “us,” “we,” and “our.” We’ll refer to you, the undersigned (electronically or by hand), or the person who has clicked “I Agree” (or something similar) to this Waiver, as “you” or “your.”
2. The Activities. As part of your services with, or using the facilities of, The Body Engineers, you may participate, in person or online, in effective and friendly fitness and exercise classes, sessions, events, workshops and more, all of which may involve but are not limited to the following (“Activities”):
   1. Our range of activities cover strength and fitness training, yoga, Pilates, core exercises, high intensity exercises, flexibility training, body weight exercises, locomotor movements, stretching and resistance exercises, strength exercises, mobility, range of motion exercises, assisted stretching and breathing exercises. We also include Muscle Activation Techniques (MAT) sessions/treatments (manual therapy, passive movement of any joint in the body, palpation of any muscle attachments or other areas of the body, manual muscle testing, and positional isometric contractions) as well as breathwork workshops from time to time.
   2. We specifically offer barbell exercises, trap bar exercises, squat rack exercises, cable machine exercises, bodyweight exercises, TRX exercises, dumbbell exercises, band exercises, turf exercises, assault bike exercises, Concept 2 rower exercises, sled push and pull exercises, Cybex VR2 Row machine exercises, Cybex leg press machine exercises, Cybex VR2 Leg Extension machine exercises, Nautilus Nitro hip abduction/adduction machine exercises, bench exercises, adjustable step up exercises (including dumbell, barbell, kettlebell, band, and bodyweight), plyo-box exercises (including box jumps), walking with weights, running (inside or outside), sprinting (outside or on the turf), band resisted/assisted exercises, band resisted sprints, running up and down stairs (including with sandbags or dumbbells), skipping, outdoor activities (including some or all of the listed equipment), soccer (football), underground parking lot activities (including some or all of the listed equipment. This includes sprints, bodyweight, and band exercises), partner activities, treatment table activities (bodyweight isometric contractions lying down with trainer/therapist resisting movement), isometric activities, gymnastic ring exercises (including pull-ups, rows), shadow boxing, boxing pad work, kettlebell exercises, hip extension machine exercises (with or without Dumbbells, barbell, kettlebells, and bands), foot rocker bodyweight exercises, and pull-up/chin-up exercises with bands, dumbbells, weight plates, and kettlebells.
   3. The Activities may involve physical contact in the form of adjustments, or touching cues, from instructors, so please let us know in advance if you do not want adjustments.
   4. The Activities also apply to any classes made available during unsupervised open gym or for online streaming and participation, both live or recorded, or that take place outside of The Body Engineers’ facilities, including outdoors or your home. You agree that you are responsible for the safe facilitation of the Activities happening outside of our facilities.
3. Equipment. In the course of the Activities, you may use a variety of equipment, which could include but is not limited to: power rack (squat rack), barbells (straight bar, trap bar, swiss bar, safety squat bar), weight plates (2.5, 5, 10, 15, 25, 35, 45 Ibs), dumbbells (watson dumbbells 7.5 Ibs to 100 Ibs, york dumbbells 5 to 70 Ibs and hex dumbbells 2.5 to 20 Ibs), Cybex VR2 Leg extension, Nautilus Nitro Hip Abductor/Adductor machine, Cybex VR2 Leg Press, Cybex VR2 Seated Chest Supported Row, Cybex Bravo Dual Stack cable machine, Rogue Assault Bike, adjustable step up platform, pads, TRX straps, swiss ball, pushup handles, CorePad crunch pad, reverse crunch pad, ab wheel, artificial turf, sled on turf, stairs, foam rollers, bands, plyo box, kettlebells, Nautilus Nitro Cable Machine, adjustable angle benches, band squat rack, Landmine attachment for squat rack, sand bags, foam Matts, skipping ropes, weight belts, Concept 2 rowing machine, massage table, Prone Hip Extension machine, Nordic curl machine, pull-up/chin-up bars, dip bar, gymnastic rings, soccer ball, foot rocker, weight chains, and the InBody 570 Body Composition analysis machine (to assess body composition analysis) (the “Equipment”). Please do not use any equipment not instructed by The Body Engineers.
   1. Please note that we may add new and different Equipment in the future in providing the Activities which will be of a similar nature as the Equipment listed above. You accept the risk of any future and similar related Equipment you may use in the future to participate in the Activities.
4. Inherent Risks. You understand that participation in the Activities may pose inherent risks, some more serious than others. These risks can result in serious harm and injuries that could change your quality of life, your ability to earn an income and, in very rare and extreme circumstances, could even result in death.
   1. Risks of physical injury may include but are not limited to things like muscle tears, strains, and other musculoskeletal injuries, sprains, fractures, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness, fainting, head injuries, concussions or concussions syndromes and PTSD.
   2. As with any physical activity, there are additional risks for pregnant or post-natal women to the health of your fetus and your body, including but not limited to pregnancy loss, low birth weight, early delivery and postpartum complications.
   3. There are risks posed by participating in the Activities online, as there is no in-person supervision or space provided for you. You will therefore need to ensure the safety of the Activities, using your judgment on how to best practice them, not pushing yourself too far or attempting anything you feel unsure how to perform.
   4. If the Activities are being performed outdoors, such as tripping or collision with human or natural elements, sun exposure, dehydration, insects, exposure to infections, diseases, pollutants and other environmental factors. You understand and agree it is your responsibility to ensure a safe space and environment to perform the Activities.
   5. We would like to emphasize that your release of our liability is not limited in any way to these risks. The risks listed above are only examples. To be completely clear, you are agreeing not to sue us at all.
5. Affirmation of Health. By participating in any Activities with The Body Engineers, you affirm that you have sought medical advice regarding your fitness or are certain of your ability to engage in the Activities. If you have any pre-existing medical conditions (e.g. asthma, diabetes, heart disease), physical injuries, weakness, are pregnant, post-natal or post-surgery, you should consult with your doctor first before engaging in the Activities. Please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Activities.
6. Voluntary Assumption of Risk. You certify that you have read this Waiver and understand the risks of participating in the Activities with The Body Engineers. By signing this Waiver or clicking “I Agree” (or something similar), you are showing your voluntary engagement and assumption of the risks of the Activities.
7. Lost or Stolen Personal Items. You agree that it is solely your responsibility to safeguard your personal items, and The Body Engineers is in no way responsible for any of your personal property that is damaged, lost, or stolen before, during, or after your participation in the Activities.
8. Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against The Body Engineers Inc. and its members, owners, directors, officers, contractors, employees, affiliates, volunteers, associates, landlords, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) with respect to any and all liability and damages incurred during, or in any way associated with, your participation in the Activities with The Body Engineers, however caused, including as a result of the Released Parties’ negligence, including but not limited to damage to or loss of personal property, personal injuries, death, illness, or any cause of action related to premises liability. You are releasing the Released Parties at your own risk and you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your participation in the Activities. You agree that this provision applies to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.
9. Continued Agreement. Agreement to this Waiver will act as your continued agreement to all ensuing Activities and any further interactions with The Body Engineers, whether in person, online, or via video conferencing tool.
10. General Legal Provisions. Choice of Laws and Venue. This Waiver will be governed exclusively by the laws of the Province of Ontario. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the Province of Ontario. Severability. If any terms or provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Online Agreement. The parties agree that this Waiver may be signed electronically or agreed to by having you click “I Agree” (or something similar), the effect of which will be the same as signing by hand.

You agree that you have read this Waiver and fully understand its contents. You also agree to be bound to all of its terms.