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Kingsway Boxing Club — Terms Of Memberships And Services

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KINGSWAY BOXING CLUB
the “Organization”
Facility Use Waiver


WAIVER OF LIABILITY FOR ALL CLAIMS AND RELEASE OF LIABILITY
PLEASE READ CAREFULLY BEFORE SIGNING.

Completed waivers must be returned prior to entry and use of the Organization’s facilities.

By digitally signing, the Participant (named in form) and/or the Participant’s Guardian understands and acknowledges, the risks, dangers, and hazards which are inherent on entering all lands, properties, facilities, structures, installations, vehicles or equipment owned, leased, operated or otherwise controlled by the Organization (the “Premises”), which risks include, but are not limited to: the potential for bodily injury or illness (including contraction of COVID-19); contact or interaction with others who may have been exposed to COVID-19; close proximity to or contact with surfaces, equipment, fixtures, or other objects that, despite the Organization’s efforts, may be infected with COVID-19 or other communicable illnesses; permanent disability, paralysis, or loss of life; collision with natural or manmade objects; tripping hazards; imperfect venue or field of play conditions; equipment failure; participants of varying skill levels; the negligent use of the Premises by others; inadequate safety measures or unsafe Premises; other circumstances known, unknown or beyond the control of the Organization, Boxing Canada / the Canadian Amateur Boxing Association Inc., Boxing Ontario and all of their partners, sponsors, agents, affiliates, directors, employees, officers, therapists, or volunteers (together, the “Releasees”); or negligence or omission of the Releasees (collectively, the “Risks”).

In consideration for allowing the Participant to use the Premises, the Participant and/or the Participant’s Guardian: (a) release, discharge and forever hold harmless the Releasees from any and all liability for damages or loss arising as a result of the Risks arising from entry into or use of the Premises; (b) waive any right to sue the Releasees in respect of all causes of action (including for injuries or illness caused by their own negligence), claims, damages or losses of any kind that may arise as a result of the Risks or in connection with entry into or use of the Premises, including without limitation the right to make a third party claim or claim over against the Releasees arising from the same; and (c) freely assumes all risks associated with the Risks or anything incidental to the Risks, which may arise as a result of or in connection with use of the Premises.

YOU ARE GIVING UP LEGAL RIGHTS TO ANY AND ALL FUTURE CLAIMS AGAINST THE ORGANIZATION AND RELEASEES.

I confirm that I have read and fully understand this waiver and release of liability. I sign this waiver and release of liability voluntarily without any inducement, assurance, or warranty being made to me.

GENERAL CONDITIONS – APPLY TO ALL SERVICES

CONDITION 1: Participant (named in form) and/or the Participant’s Guardian agrees to comply fully with the conditions of this contract.
CONDITION 2: Payment must be received in advance of Participant (named in form) and/or the Participant’s Guardian receiving any services.
CONDITION 3: Only the Participant (named in form) may use the Memberships/Classes/Sessions purchased. No services are interchangeable.
CONDITION 4: The Participant (named in form) and/or the Participant’s Guardian may rescind this agreement by hand delivering a written notice of rescission to the manager/operator of the club within 5 days after this agreement is signed at which time the Client/Buyer will receive a signed and dated cancellation receipt from the manager. Any sessions used prior to termination will be deducted from amount refunded.
CONDITION 5: Participant (named in form) and/or the Participant’s Guardian is entitled to renewal at the same rate based on continuous enrollment; however if membership or package is terminated at any point a new contract will be developed based on the pricing at the time of the new contract.
CONDITION 6: In exceptional cases Participant (named in form) and/or the Participant’s Guardian may provide, in writing, special requests. All requests will be taken into consideration, however are not guaranteed to be honoured exactly as requested. All requests must be signed and dated by the club manager. To process requests, a minimum of 30 days is required from date the request is signed by the manager.
CONDITION 7: Coaches, trainers and scheduled times are subject to change.
CONDITION 8: Kingsway Boxing Club ltd. reserves the right to revoke access to any Participant (named in form) and/or the Participant’s Guardian who willfully violates the law and or rules on the property, or off the property in the name of the club. Should an extreme situation such as this arise, the Client/Buyer/buyer will forfeit all Membership privileges and all dues paid.

MEMBERSHIP CONDITIONS – APPLY TO ALL MEMBERSHIPS

CONDITION 9: Monthly packages are based on a 1 year (12 month) contract agreement, unless otherwise stated in this contract. Regardless of attendance Participant (named in form) and/or the Participant’s Guardian will be billed for each month. The Client/Buyer may cancel the agreement after the initial 12 (twelve) month period has been fulfilled. Membership begins on stated “Start Date”
CONDITION 10: Participant (named in form) and/or the Participant’s Guardian agrees to pay the monthly amount stated on this contract by void cheque (directly debited from a bank account) or credit card void payment. Payment will be debited monthly on the 2nd of each month from a specified account. CONDITION 10B: Client/Buyer agrees to pay the amount stated in this contract quarterly (4 payments) by postdated cheques or credit card swipes.
CONDITION 11: Membership Cancellation – Once 12 (twelve) month contract has been fulfilled, it is the responsibility of the Participant (named in form) and/or the Participant’s Guardian to provide written cancellation notice 30 (thirty) days prior to the desired cancellation date. Once cancellation notice has been received by management, the Client/Buyer will receive a signed and dated cancellation receipt from the manager.
CONDITION 12: If Participant (named in form) and/or the Participant’s Guardian wishes to cancel the membership before the 12 (twelve) month contract has been fulfilled there will be a $200.00 Contract Termination Fee or Client/Buyer is obligated to pay out the remaining months of the contract.

PACKAGE CONDITIONS – APPLY TO ALL FITNESS AND PRIVATE TRAINING PACKAGES

CONDITION 13: Cancellations within 24 hrs of the booked class or session will result in a full charge for the session. Please be considerate to your fellow members! If you sign up for a class and cannot make it, canceling your reservation through your account allows someone on the waitlist to take your spot. If you’re unsure that you have correctly canceled your appointment or class reservation, please email: info@kingswayboxingclub.com

CONDITION 14: Unless stated otherwise by authorized management, Participant (named in form) and/or the Participant’s Guardian agrees to pay the amount in full at time of contract signing
CONDITION 15: Unless stated otherwise by authorized management, all fitness packages must be used and completed within 1 year of the purchase date by the Participant (named in form) and/or the Participant’s Guardian.

KBC REFUND POLICY – APPLY TO ALL FITNESS AND PRIVATE TRAINING PACKAGES

Any packages purchased through Kingsway Boxing Club remain active for 12 months before expiring (excluding our specialty workshops). Kingsway Boxing Club offers ‘make-up’ options for missed appointments and sessions (including seasonal enrolments), however, if you are unable to utilize this option due to unforeseen circumstances, please see the Kingsway Boxing Club Refund Policy below.

Kingsway Boxing Club Refund Policy

CONDITION 16: All equipment sales are final.
CONDITION 17: Unused services will be applied to the clients account for full value applicable to any program payment within 1 year. Alternatively, the amount paid will qualify for a refund within 30 days of purchase with a 10% administration fee.

[BOXING ONTARIO] CONSENT FOR USE OF PERSONAL INFORMATION, COMMERCIAL MESSAGES AND PHOTO RELEASE

I, the participant and/or parent/guardian, authorize Boxing Canada and Boxing Ontario to collect and use personal information about me or my child/ward for the purpose of receiving communications (newsletters, publications, announcements, invitations and other news or information) from Boxing Canada and Boxing Ontario and posting articles of interest, newsletters, promotions, statistics, images and results on Boxing Canada and Boxing Ontario’s website. This consent is in compliance with the Personal Information Protection and Electronic Documents Act and the Canadian Anti-Spam Legislation.

Furthermore, I, the participant and/or parent/guardian, grant permission to Boxing Canada and Boxing Ontario to photograph and/or record my or my child/ward’s image and/or voice on still or motion picture film and/or audio tape, and to use this material to promote Boxing Canada and Boxing Ontario through the media of newsletters, websites, television, film, radio, print and/or display form. I understand that the audio/visual material and copyright will remain the sole property of Boxing Canada and Boxing Ontario and I waive any claim to remuneration for use of audio/visual materials used for these purposes.

I understand that I may withdraw such consent at any time by contacting Boxing Canada’s and/or Boxing Ontario’s Privacy Officer or emailing info@boxingontario.com. The
Privacy Officer will advise the implications of such withdrawal. We do not sell or distribute your personal information to any other third party not listed herein.

[BOXING ONTARIO] CONCUSSION CODE OF CONDUCT

For Participants – Annual:

I confirm that:

(a) I have reviewed the concussion awareness resources available from the Ontario Ministry of Tourism, Culture and Sport (currently available at https://www.ontario.ca/page/rowans-law-concussion-awareness-resources#section-4); and

(b) Boxing Ontario’s Concussion Code of Conduct (available at https://boxingontario.com/athletes/concussion-code-of-conduct/).

If am under 18 years of age, my parents/guardians confirm that:

(a) each has reviewed the concussion awareness resources available from the Ontario Ministry of Tourism, Culture and Sport (currently available at https://www.ontario.ca/page/rowans-law-concussion-awareness-resources#section-4); and

(b) Boxing Ontario’s Concussion Code of Conduct (available at https://boxingontario.com/athletes/concussion-code-of-conduct/).

For Coaches, Team Trainers and Officials – Annual:

I confirm that:

(a) I have reviewed the concussion awareness resources available from the Ontario Ministry of Tourism, Culture and Sport (currently available at https://www.ontario.ca/page/rowans-law-concussion-awareness-resources#section-4); and

(b) Boxing Ontario’s Concussion Code of Conduct (available at https://boxingontario.com/coaches/coaches-concussion-code-ofconduct/) and that I will implement it in all activities sanctioned by Boxing Ontario.

By signing here, I acknowledge that I have fully reviewed and commit to this Concussion Code of Conduct.

ASSUMPTION OF RISK AGREEMENT
Read the following waiver and agree to it below.

By signing this document, you will waive certain legal rights, PLEASE READ CAREFULLY.

IN CONSIDERATION of allowing my minor child/ward to participate in the competitions, programs, activities and events of the Canadian Amateur Boxing Association and Boxing Ontario, I ASSURE TO YOU THAT:

1. I am the parent/guardian of the participant having full legal responsibility for decisions regarding the participant.

2. I believe that my minor/ward is physically, emotionally and mentally able to participate in the programs, activities and events of the Canadian Amateur Boxing Association and Boxing Ontario.

3. I hereby acknowledge that I am aware of the risks and hazards associated with or related to the competitions, programs, activities and events of the Canadian Amateur Boxing Association and Boxing Ontario. The risks and hazards include, but are not limited to injuries from:
a. Physical contact with the instructor, students or other participants;
b. Striking students, participants, objects or equipment;
c. Being struck by the instructor, students, participants, objects or equipment;
d. Contact, colliding, falling or being struck by other participants, spectators or equipment;
e. Executing strenuous and demanding physical techniques;
f. Vigorous physical exertion, strenuous cardiovascular workouts, rapid movements and quick turns and stops; g. Exerting and stretching various muscle groups;
h. Dry land training including weights, running, circuit training and massage;
i. Extreme weather and temperature conditions which may result in heatstroke, sunstroke or hypothermia;
j. Falling or colliding with the ring, walls, stands, equipment or with other participants;
k. Failure to properly use any piece of equipment or from the mechanical failure of any piece of equipment;
l. Spinal cord injuries which may render me permanently paralyzed;
m. Travel to and from competitive events and associated non-competitive events which are an integral part of Boxing Ontario’s competitions, programs, activities, and events.

4. Furthermore, I am aware that:
a. Injuries sustained to my child/ward can be severe;
b. My child/ward may experience anxiety while challenging himself/herself during the competitions, activities, events and programs; c. My child/ward may come into close contact with other participants;
d. My child/ward’s risk of injury is reduced if he/she follows all rules established for participation; and
e. My child/ward’s risk of injury increases as he/she becomes fatigued.

I UNDERSTAND AND AGREE, on behalf of myself, my heirs, assigns, personal representatives and next of kin that my signing of this document constitutes that:

5. I am registering my child/ward willingly and my child/ward is participating voluntarily in these activities, events and programs.

6. My child/ward’s physical condition has been verified by a medical doctor within the past twelve months.

7. I agree that there are risks as described above and my child/ward will be exposed to these risks and hazards.

8. I agree to accept and assume all these risks and hazards and am responsible for any injury or other loss which my minor child/ward might receive while participating in these competitions, events, activities and programs.

9. If something happens to my child/ward, I RELEASE the Canadian Amateur Boxing Association and Boxing Ontario of responsibility and liability for any and all claims, demands, actions, judgements, executions and costs which might arise out of my child/ward’s participation. I understand Canadian Amateur Boxing Association and Boxing Ontario to mean: Canadian Amateur Boxing
Association and Boxing Ontario and their respective directors, officers, committee members, members, clubs, employees, coaches, volunteers, officials, judges, participants, agents, and representatives.

I ACKNOWLEDGE MAKING THIS AGREEMENT
I have read and understood the terms and conditions of this agreement, and by signing it voluntarily, I am agreeing to abide by these terms.