Blade Skating operated by Blade Institute Ltd, 400 Kipling Ave, Toronto, Ontario
ACKNOWLEDGEMENT, ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT
Skating Training Activities — Participants Including Minors
PLEASE READ CAREFULLY BEFORE SIGNING — THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR LEGAL RIGHTS AND THE LEGAL RIGHTS OF THE MINOR PARTICIPANT.
By signing this Agreement, you give up substantial legal rights, including the right to sue Blade Institute Ltd, its owners, operators, employees, coaches, contractors, and others, for injury, death, or other losses arising out of the use of the skating treadmill and related activities, EVEN IF CAUSED BY NEGLIGENCE.
The training services including but not limited to the skating treadmill offered by Blade Skating are high-risk activities. Serious injury, permanent disability, paralysis, and death are possible.
If you do not understand any part of this Agreement, or do not agree to be bound by it, DO NOT SIGN, and the Participant may not take part in the activities.
You are encouraged to take as much time as you need to read this Agreement, ask questions, and seek independent legal advice before signing.
1. Definitions
In this Agreement:
"Provider" means Blade Institute Ltd, operating as Blade Skating, and includes its owners, directors, officers, shareholders, partners, employees, coaches, instructors, independent contractors, agents, volunteers, sponsors, successors and assigns, the owners and lessors of the premises where the activities take place, and the manufacturers, distributors, suppliers, and service providers of the skating treadmill and related equipment. "Activities" means any and all activities, lessons, training sessions, programs, evaluations, demonstrations, observation, and entry onto the Provider's premises, including but not limited to: skating on a powered skating treadmill; on and/or off-ice skating instruction; warm-up, stretching, dryland, and conditioning exercises; the use of skates, blades, harnesses, rails, mats, padding, video equipment, and any other equipment provided or recommended by the Provider; and any travel, transportation, and incidental use of the premises.
"Participant" means the individual who will engage in the Activities, including any minor child or ward identified in this Agreement.
"Parent/Guardian" means the parent or person who is the lawful guardian (within the meaning of the Children's Law Reform Act, R.S.O. 1990, c. C.12) of the Participant, where the Participant is under the age of majority in Ontario.
2. ASSUMPTION OF RISKS — GENERAL
Initial:
The Participant and, where applicable, the Parent/Guardian acknowledge and agree that the Activities are inherently dangerous and involve risks, dangers, and hazards that cannot be eliminated, regardless of the care taken by the Provider. The Participant and the Parent/Guardian have been fully informed of and understand the nature of these risks. They include, without limitation:
2A. Specific Skating Risks
Initial:
- Falls onto the moving belt of the skating treadmill, the surrounding deck, rails, walls, mats, or other surfaces, from any height and at any speed.
- Cuts, lacerations, puncture wounds, severed tendons, amputation, and bleeding caused by contact with skate blades (the Participant's own or another person's) — including injuries to the hands, fingers, face, neck, head, legs, and feet.
- Collisions with rails, walls, padding, instructors, coaches, other participants, other moving objects on the deck, or any fixed or movable object on or near the treadmill.
- Sprains, strains, dislocations, contusions, ligament tears, fractures, and broken bones (including but not limited to wrists, hands, fingers, elbows, shoulders, knees, ankles, feet, ribs, hips, and back).
- Overuse injuries, soft-tissue injuries, blisters, abrasions, and friction burns from the moving belt.
2B. Treadmill-Specific Risks
Initial:
- Entrapment, snagging, or pulling of laces, clothing, hair, jewellery, fingers, or limbs by the moving belt, rollers, deck edges, side guards, or other moving parts.
- Being thrown, ejected, or carried off the rear of the treadmill onto the floor, deck, or surrounding surfaces. - Sudden, unexpected, or unintended changes in belt speed, incline, or direction, including acceleration, deceleration, abrupt stop, restart, or reversal, whether caused by mechanical operation, operator action, electrical issue, user input, or otherwise.
- Loss of balance and falls caused by belt speed, belt grip, belt wear, the friction characteristics of the belt surface, or the transition on or off the belt.
- Electrical malfunction, motor malfunction, sensor malfunction, software malfunction, controller malfunction, harness or safety-stop malfunction, or any other equipment malfunction or failure, whether known or unknown to the Provider.
- Inadequate, defective, improperly fitted, broken, or worn equipment — including skates, blades, blade guards, harnesses, safety lanyards, padding, mats, rails, and the treadmill itself — whether provided by the Provider, the Participant, or a third party.
- Risks arising from the conduct of other persons on or near the treadmill, including other participants, spectators, coaches, instructors, and staff.
2C. Catastrophic and Other Risks
Initial:
- Concussion, traumatic brain injury, intracranial hemorrhage, and other head injuries.
- Neck and cervical-spine injuries, spinal-cord injuries, paralysis (including quadriplegia and paraplegia), and permanent loss of function.
- Dental and facial injuries, eye injuries (including loss of sight), and disfigurement.
- Internal injuries, organ damage, internal bleeding, heart attack, stroke, cardiac arrest, and exacerbation of any pre-existing medical condition.
- Heat stress, hypothermia, dehydration, hypoglycemia, fainting, and allergic reactions.
- Communicable-disease transmission, including by contact with surfaces, equipment, or other persons on the premises.
- Permanent disability and DEATH.
- Negligent instruction, negligent supervision, negligent rescue, negligent first aid, negligent assessment of skill level or fitness, and negligent inspection or maintenance of equipment or the premises by the Provider or anyone acting on its behalf.
- Failure of the Provider to safeguard or protect the Participant from the risks, dangers, and hazards of the Activities, whether arising from negligence on the part of the Provider or otherwise.
- Any other risk, danger, or hazard, foreseeable or unforeseeable, arising out of or related in any way to the Activities or the premises.
The Participant and the Parent/Guardian VOLUNTARILY ASSUME AND ACCEPT ALL of the foregoing risks, dangers, and hazards, and ALL OTHER RISKS associated with the Activities, and the possibility of personal injury, death, property damage, expense, and related loss, including loss of income, resulting therefrom. 3. FITNESS, MEDICAL CONDITION, AND DISCLOSURE Initial: _______
The Participant and the Parent/Guardian represent and warrant that the Participant is in good physical and mental health, is physically and mentally capable of safely participating in the Activities, and has no medical condition, injury, disability, allergy, medication, pregnancy, or other circumstance that would make participation unsafe. The Parent/Guardian agrees to disclose to the Provider, in writing, any condition, limitation, or circumstance that could affect the Participant's safety, before the Participant takes part in the Activities. The Provider is under no obligation to inquire into the Participant's fitness or medical condition and is entitled to rely on the representations in this section.
4. RULES, INSTRUCTIONS, AND RIGHT TO REFUSE
Initial:
The Participant and the Parent/Guardian agree that the Participant will obey all rules, codes of conduct, signage, and verbal and written instructions of the Provider, its coaches, and its staff, including instructions regarding warm-up, equipment use, the use of safety harnesses, mounting and dismounting the treadmill, permitted footwear and clothing, and the immediate cessation of activity when instructed. The Provider reserves the right, in its sole discretion and without refund, to refuse entry, suspend, or terminate participation by the Participant at any time and for any reason, including unsafe conduct, intoxication, or non-compliance with rules or instructions.
5. RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND COVENANT NOT TO SUE
Initial:
In consideration of the Provider permitting the Participant to take part in the Activities, and for other good and valuable consideration (the receipt and sufficiency of which are acknowledged), the Participant and the Parent/Guardian, on their own behalf and on behalf of the Participant, and on behalf of their respective heirs, next of kin, executors, administrators, personal and legal representatives, successors and assigns:
1. FOREVER RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the Provider from and in respect of any and all liability, claims, demands, actions, causes of action, suits, damages, costs (including legal fees on a full-indemnity basis), expenses, and proceedings of any kind whatsoever, arising out of or in any way connected to the Activities, the premises, the equipment, or the conduct or omissions of the Provider, however caused, WHETHER ARISING OUT OF NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, BREACH OF THE OCCUPIERS' LIABILITY ACT (ONTARIO), BREACH OF ANY OTHER STATUTORY DUTY OR DUTY OF CARE, OR ANY OTHER CAUSE, AND EVEN IF SUCH NEGLIGENCE OR BREACH IS THE SOLE CAUSE OF THE LOSS OR INJURY;
2. Acknowledge that this release is intended to be as broad and inclusive as is permitted by the laws of the Province of Ontario, and that, if any portion is held invalid, the balance shall continue in full force and effect; and
3. Agree that this release is binding upon them and upon their respective heirs, next of kin, executors, administrators, personal and legal representatives, successors and assigns.
6. INDEMNITY BY PARENT/GUARDIAN (CRITICAL PROVISION)
Initial:
The Parent/Guardian acknowledges and agrees that a parent's signature on a release of liability may not, by itself, prevent the Participant (a minor) from pursuing a claim against the Provider after reaching the age of majority. To address this, and as a condition of the Participant being permitted to take part in the Activities, the Parent/Guardian agrees that:
1. The Parent/Guardian shall INDEMNIFY, DEFEND, AND HOLD HARMLESS the Provider from and against any and all claims, demands, actions, causes of action, suits, judgments, awards, settlements, liabilities, damages, losses, costs (including legal fees on a full-indemnity basis), and expenses brought by, on behalf of, or through the Participant (whether before or after the Participant reaches the age of majority), arising out of or in any way connected to the Activities, the premises, the equipment, or the conduct or omissions of the Provider, HOWEVER CAUSED, INCLUDING BY NEGLIGENCE OR BREACH OF ANY DUTY OF CARE.
2. This indemnity is a personal obligation of the Parent/Guardian and is given freely and voluntarily in exchange for the Participant being permitted to take part in the Activities. The Parent/Guardian has had the opportunity to consider this obligation, including its financial implications, and to seek independent legal advice before signing.
3. This indemnity survives the completion of the Activities and any termination of this Agreement, and is binding upon the Parent/Guardian's estate.
7. INSURANCE
Initial:
The Parent/Guardian acknowledges that the Provider does not carry health, accident, disability, dental, or extended-care insurance for participants. The Parent/Guardian is solely responsible for arranging adequate insurance for the Participant. The Parent/Guardian agrees that any health, accident, or disability benefits available to the Participant from any source shall be applied to any loss, injury, or expense before any claim is made against the Provider.
8. EMERGENCY MEDICAL TREATMENT
Initial:
The Parent/Guardian authorizes the Provider, in the event of a real or perceived medical emergency, to obtain or administer first aid, CPR, automated external defibrillation, transport, hospitalization, and emergency medical treatment for the Participant, as the Provider considers reasonable in the circumstances. The Parent/Guardian agrees to pay all costs and expenses associated with such treatment and transport, and releases the Provider from any liability arising out of such actions taken in good faith.
9. PHOTOGRAPHY, VIDEO, AND MEDIA RELEASE
Initial:
The Parent/Guardian grants the Provider the irrevocable right to photograph, video-record, and audio-record the Participant during the Activities and to use the Participant's name, image, likeness, voice, and biographical information, in any medium now known or later developed, for the Provider's instructional, training, promotional, advertising, and business purposes, without compensation and without further notice or approval. The Parent/Guardian waives any right to inspect or approve any such use.
Opt-out: If you do NOT consent to the use of photographs or recordings of the Participant for promotional or advertising purposes, please initial here: and the Provider will limit use to internal coaching/training review only.
10. PERSONAL PROPERTY
Initial:
The Provider is not responsible for any loss of or damage to personal property of the Participant or the Parent/Guardian, including skates, blades, clothing, electronic devices, jewellery, and other personal items, whether brought onto the premises, stored in a locker or cubby, or otherwise.
11. GOVERNING LAW, JURISDICTION, AND LIMITATION PERIOD Initial:
This Agreement is governed by and shall be construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. The Parent/Guardian and the Participant agree that any action arising out of or connected to this Agreement or the Activities shall be commenced exclusively in the courts of the Province of Ontario sitting in the City of Toronto, and they irrevocably attorn to the exclusive jurisdiction of those courts.
Without limiting any other limitation period, the Parent/Guardian and the Participant agree that any action arising out of the Activities must be commenced within ONE (1) YEAR of the date of the incident giving rise to the claim, failing which the action will be absolutely barred.
12. SEVERABILITY, ENTIRE AGREEMENT, AND ACKNOWLEDGEMENT
Initial:
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect. This Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes any prior oral or written understandings.
The Parent/Guardian and the Participant acknowledge that they have READ this Agreement, that they have been GIVEN AS MUCH TIME AS THEY REQUIRED to read and consider it, that they have been told they may ASK QUESTIONS and SEEK INDEPENDENT LEGAL ADVICE before signing, that the Provider HAS TAKEN REASONABLE STEPS TO BRING THE TERMS OF THIS AGREEMENT TO THEIR ATTENTION (including the warning at the top of this Agreement and the headings throughout), and that they UNDERSTAND AND VOLUNTARILY AGREE to be bound by it.
FINAL ACKNOWLEDGEMENT
By signing below, I confirm that:
1. I am the Participant (if 18 or older) or the Parent/Guardian of the Participant (if under 18);
2. I have read and initialed each numbered section above;
3. I understand that I am giving up substantial legal rights, including the right to sue the Provider for negligence; 4. I am signing this Agreement freely, voluntarily, and without inducement or coercion; and
5. I intend this Agreement to apply to all future visits and Activities for one (1) year from the date of signing unless I provide written notice of withdrawal.
Participant Information
Participant Full Name: {name}
Date of Birth: {dob}
Full Address: {address}
Emergency Contact Name: {contact_name}
Emergency Contact Phone: {contact_phone}
Relevant Medical Info
Parent / Legal Guardian Signature (Required if Participant is Under 18)
I certify that I am the parent or lawful guardian of the Participant named above, that I have full legal authority to sign this Agreement on the Participant's behalf, and that I have explained the terms of this Agreement to the Participant in language the Participant can understand.
Parent/Guardian Full Name:
Parent/Guardian Signature:
Relationship to Participant:
Parent/Guardian Phone Field:
Parent/Guardian Email:
Participant's Acknowledgement (Required for Participants Age 13+)
I am the Participant. My parent or guardian has explained this Agreement to me. I understand that skating on a powered skating treadmill is dangerous and that I could be seriously injured or killed. I agree to follow the rules and the instructions of the coaches and staff at all times. I am taking part in the Activities of my own free will.
Participant Signature:
Date:
Witness (Provider Staff)
I witnessed the signing of this Agreement. I confirm that the signatory was given the opportunity to read it, to ask questions, and to seek independent legal advice before signing, and that I drew the signatory's attention to the warning notice at the top of this Agreement and to each numbered section.
