TERMS AND CONDITIONS

Assumption of Risk, Waiver, and Release Agreement

I represent and acknowledge that I have read and agree to the following terms and conditions:

I understand that engaging in any physical activity involves some risk. By signing this waiver, and/or by attending classes, activities, events, and programs, and/or by using the facilities, premises and equipment (“Classes” and “Premises”, as applicable) of LVL UP Studio (9393-7175 Quebec Inc.) and its subsidiaries or related entities (hereinafter, collectively “LVL UP”), I hereby acknowledge and agree, on behalf of myself, my spouse, my children, my heirs, assigns and/or personal representatives (the “Releasing Parties”), that there are certain inherent risks and dangers involved in the exercises in which I will engage, and in the exercise equipment that I will use, in connection with the Classes and Premises. I acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries or other problems. I acknowledge and understand that participating in the Classes and my entry onto and use of the Premises may lead to injuries and/or illness that may range from minor to severe, including even death. I have read and completely understand LVL UP’s safety instructions, which are posted at the LVL UP facilities, and are included on the second page of this document. Accordingly, I hereby expressly, irrevocably and unconditionally acknowledge and agree on behalf of myself and the Releasing Parties that I am voluntarily participating in the Classes and entering onto and using the Premises and further expressly, irrevocably and unconditionally acknowledge and agree that participating in the exercises and Classes and entry onto and use of the Premises are undertaken at my own risk, and that I ASSUME ALL OF THE RISKS EXISTING IN PARTICIPATING IN THE EXERCISES AND CLASSES AND ENTRY ONTO AND USE OF THE PREMISES. To this end, I assume all risk of illness, physical injury, emotional injury or death to myself, my spouse, my children or third parties in attendance with me relating in whole or in part, directly or indirectly to the exercises, Classes, and Premises. I elect to participate in the exercises and Classes and enter onto and use the Premises notwithstanding the inherent risks associated therewith.

I acknowledge and understand that there is an ongoing global pandemic of coronavirus disease 2019 (the “Virus”). I acknowledge and understand that LVL UP may be subject to certain restrictions and guidelines from local, state, and federal health departments and agencies that may impact LVL UP’s operations and my ability to attend the Classes and/or enter onto and use the Premises. I agree to always comply with all precautions LVL UP may take in light of the Virus. I expressly represent and warrant that I have not been advised by any doctor or health care provider to self-quarantine nor been ordered to quarantine as a result of potential exposure to the Virus. I further expressly represent and warrant that I am not experiencing any symptoms associated with the Virus (including, but not limited to, cough, shortness of breath or difficulty breathing, fever, chills, muscle pain, sore throat, or new loss of taste or smell, or any other symptoms associated with the Virus as identified by the Centers for Disease Control and Protection) and have not knowingly been exposed to the Virus in the past 30 days. I represent and warrant that the representations in the previous two sentences (the “Virus Representations”) will be true upon my entry into the Premises and any Class, and I will not enter the Premises, use any equipment thereon or participate in any Class to the extent that such Virus Representations are not accurate. I hereby acknowledge and agree, on behalf of myself and the Releasing Parties that there are inherent risks and dangers of exposure to the Virus from attending the Classes and or entry onto and use of the Premises. I acknowledge that some of these risks cannot be eliminated even with proper precautions and full compliance with all local, state, and federal health orders and guidelines. I acknowledge and understand that this risk of exposure can result in serious illness or even death. Accordingly, I hereby expressly, irrevocably and unconditionally acknowledge and agree on behalf of myself and the Releasing Parties that I am voluntarily participating in the Classes and entering onto and using Premises and further expressly, irrevocably and unconditionally acknowledge and agree that participating in the Classes and entering onto and using Premises are undertaken at my own risk, and that I ASSUME ALL OF THE RISKS EXISTING THROUGH SUCH PARTICIPATION, ENTRANCE AND USE IN THE EVENT I AM EXPOSED TO THE VIRUS. To this end, I assume all risk of illness, physical injury, emotional injury or death to myself, my spouse, my children or third parties in attendance with me at the Classes and/or entry onto and/or use of the Premises. I elect to participate in the Classes and enter onto and use the Premises notwithstanding the inherent risks associated therewith.

ON MY BEHALF AND ON BEHALF OF THE RELEASING PARTIES, I HEREBY VOLUNTARILY, FULLY, EXPRESSLY, IRREVOCABLY AND UNCONDITIONALLY WAIVE, RELEASE, AND FOREVER DISCHARGE LVL UP, AND ITS OWNERS, PARENTS, SUBSIDIARIES, AFFILIATES AND RELATED COMPANIES AND ALL OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, OR LIABILITIES, KNOWN OR UNKNOWN, FOR ANY INJURIES, INCLUDING, WITHOUT LIMITATION, ILLNESS OR DEATH, OR ANY KIND OF DAMAGES INCURRED BY ME, MY SPOUSE, MY CHILDREN OR ANY THIRD PARTY IN ATTENDANCE WITH ME, MY SPOUSE OR MY CHILDREN WHICH IN ANY WAY ARISE OUT OF OR ARE CONNECTED WITH PARTICIPATION IN THE CLASSES, ENTRY ONTO OR USE OF THE PREMISES, OR ANY ACTS OR OMISSIONS OF THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, THE NEGLIGENCE, GROSS NEGLIGENCE OR FAULT OF EITHER MYSELF OR THE RELEASED PARTIES WHETHER RELATING TO THE VIRUS OR OTHERWISE.

I FURTHER EXPRESSLY, IRREVOCABLY AND UNCONDITIONALLY ACKNOWLEDGE AND AGREE THAT I WILL FULLY, EXPRESSLY, IRREVOCABLY AND UNCONDITIONALLY DEFEND, INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITIES OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, INCLUDING, WITHOUT LIMITATION, ATTORNEY’ FEES AND COSTS AND EXPERT WITNESS FEES AND COSTS, ARISING OUT OF ANY KIND OF INJURY TO ME, MY SPOUSE, MY CHILDREN OR ANY THIRD PARTY IN ATTENDANCE WITH ME, INCLUDING, WITHOUT LIMITATION, ILLNESS OR DEATH OR ANY OTHER DAMAGES WHICH IN ANY WAY ARISE OUT OF OR ARE CONNECTED WITH OUR PARTICIPATION IN THE CLASSES, OR OUR ENTRY ONTO OR USE OF THE PREMISES, INCLUDING ALL INJURIES, ILLNESS OR DEATH CAUSED MY ACTS, OMISSIONS, NEGLIGENCE OR GROSS NEGLIGENCE OF THE ACTS, OMISSIONS, NEGLIGENCE OR GROSS NEGLIGENCE OF THE RELEASED PARTIES WHETHER RELATING TO THE VIRUS OR OTHERWISE. SUCH INDEMNITY SHALL APPLY WHETHER THE CLAIMS, DAMAGES, LOSSES, CAUSES OF ACTION, SUITS, OR LIABILITY ARISE IN WHOLE OR IN PART FROM THE NEGLIGENCE, GROSS NEGLIGENCE OR FAULT OF THE RELEASED PARTIES. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO, BOTH MYSELF AND THE RELEASED PARTIES, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS AN INDEMNITY BY ME TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES FOR THEIR OWN NEGLIGENCE AND/OR GROSS NEGLIGENCE, WHETHER THAT NEGLIGENCE IS THE SOLE OR CONCURRING CAUSE OF THE INJURY, ILLNESS, OR DEATH.

I agree that if the attendee or participant is a minor child, this Assumption of Risk, Waiver, and Release Agreement (this “Agreement”) is made on behalf of that minor child and that all of the releases, waivers and promises herein are binding on that minor child. I represent that I have full authority as a Parent or Legal Guardian to bind the minor child to this Agreement.
I certify that I have adequate insurance to cover any injury or illness (or death) that I, my spouse or my child[ren] may suffer due to their participation in the Classes or entry onto or use of the Premises, or alternatively, I agree to bear the costs of such injury or illness (or death) myself, whether relating to the Virus or otherwise. I further certify that I agree to assume the risk of any medical or physical condition that I, my spouse or my child[ren] may have, whether relating to the Virus or otherwise.

I agree to at all times comply with LVL UP’s rules, policies, and posted safety signs. I agree always to comply with the verbal instructions given to me by LVL UP’s staff. I acknowledge that my refusal to adhere to LVL UP’s rules, policies, and posted safety signs or failure to comply with verbal instructions given to me by LVL UP’s staff may result in my removal from Class and/or the Premises and may also result the termination of my membership. I further acknowledge that I am in sufficiently good physical condition to engage in vigorous exercise. I agree that if, in the subjective opinion of LVL UP staff, I would be at risk participating in LVL UP classes, that I may be denied access to the Classes and Premises. As consideration for being permitted to participate in LVL UP’s Classes and Premises, I hereby agree as follows: (1) I agree to assume full responsibility for any and all injuries and damages which I may suffer as a result of using or participating in the Classes and Premises; (2) I agree to release, hold harmless and indemnify LVL UP, including its subsidiaries, affiliate entities, related entities, and each of their respective employees, officers, directors, members, agents, representatives and assigns, and each of their respective successors and assigns, from any and all responsibility, liability, lawsuits, claims, actions, damages, costs and expenses, including all legal and equitable claims, to the fullest extent possible under the law arising out of or in any way related to my participation in the Classes or my use of the Premises; and (3) I represent that (a) I do not have any physical or mental condition which would prevent me from safely engaging in LVL UP’s Classes and Premises; (b) I have not been told by any doctor or health care provider that I should avoid physical activity; (c) I understand and acknowledge that I should consult with my doctor before engaging in strenuous physical activity such as LVL UP’s Classes, and my failure to do is done at my own risk; and (d) I do not have any mental or medical condition which would be negatively affected by flashing or colored lights.

I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND AND AGREE TO ITS TERMS, AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS INCLUDING MY RIGHT TO SUE LVL UP UNDER CERTAIN CIRCUMSTANCES. I ACKNOWLEDGE THAT I AM SIGNING THIS WAIVER FREELY AND VOLUNTARILY. THE TERM OF THIS WAIVER IS INDEFINITE AND SHALL REMAIN IN FULL FORCE AND EFFECT.

In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been included in this Agreement. This Agreement constitutes the entire agreement constitutes the sole and only agreement of the parties hereto relating to the subject matter hereof and correctly sets forth the rights, duties, indemnities and obligations of the parties as of its date and I agree that any prior agreements, promises, negotiations, or representations not expressly set forth in this agreement are of no force or effect. This Agreement shall be governed by the laws of the Province of Quebec.

I, on my behalf and on behalf of the Releasing Parties, acknowledge and agree that any dispute arising from or relating to the Classes, Premises, this Agreement or any matter involving LVL UP shall only be resolved subject to FINAL AND BINDING ARBITRATION and may only be resolved through an individual arbitration governed by the Federal Arbitration Act or by the applicable sections of the Quebec Arbitration code. THE PARTIES TO THIS AGREEMENT GIVE UP THEIR RESPECTIVE RIGHTS TO GO TO COURT in connection with any dispute arising between them and acknowledge and agree that all such dispute(s) will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR A JURY. NO PARTY TO WHICH THIS AGREEMENT APPLIES SHALL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING, INCLUDING CLASS ARBITRATION, IN CONNECTION WITH ANY DISPUTE. Any arbitration will be administered by the Canadian Arbitration Association (“CAA”) in accordance with the Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplemental Procedures for Consumer-Related Disputes. Such arbitration shall be conducted at the CAA office located in North York, Ontario.

This Agreement and claims relating to, or arising out of this Agreement or the breach thereof, shall be governed and construed in accordance with the laws of the Province of Quebec, notwithstanding any contrary choice-of-law principles.
I agree that LVL UP shall, at all times, have the right to assign or delegate any or all of its rights, titles, interests or duties hereunder without notification to me, or my consent.

 

CANCELLATION POLICY:

All cancellations or schedule changes must be done 12 hours prior to the start of your class to ensure that your class gets returned to your account (or to guarantee you do not receive any late cancellation/no show charges for climbers with unlimited series). To make changes or to cancel, log into your account or call us at (514) 388-5585.

VALUABLES AND PERSONAL PROPERTY:

I acknowledge that I have been urged to avoid bringing valuables onto the Facilities and LVL UP shall not be liable for the loss of, theft of, or damage to my personal property, including items left in storage, bathrooms, studios, or anywhere else in the Facility. I acknowledge that no portion of any fees paid by me is in consideration for the safeguarding of valuables.

SAFETY INSTRUCTIONS

1. Ensure that your Climber is set up to your optimal settings, please ask any L VL UP team member for assistance.
2. Handgrips should be placed near chin level.
3. Keep hands on foam handrails or rubber handgrips.
4. Do not hold on to the vertical post.
5. Foot straps should support the foot without restricting circulation.
6. The maximum weight for individuals using the Climber at LVL UP should not exceed 350 lbs. (159 kgs).
7. To maintain a shock and trauma-free motion, do not “bottom out” or impact the pedals at the end of each stroke.
8. Listen to your body, climb at your own pace, and set your resistance at a level that feels right for you.
9. Stay hydrated during your climb. Drink water when necessary.
10. Focus on form, posture, and making smooth transitions between movements.
11. Immediately discontinue this or any exercise if any discomfort, shortness of breath or dizziness occurs.
12. Immediately alert LVL UP staff if you feel you might require medical attention.