ATTENDEE WAIVER & RELEASE OF LIABILITY
In consideration of being allowed to participate in activities listed on WeTrain (the “Activities”), I acknowledge, covenant and agree that:
- the Activities are provided by independent instructors (“Instructors”) who are not employees of WeTrain and WeTrain is not responsible for the actions or omissions of Instructors;
- the Activities involve intense physical exercise and it is my responsibility to ensure that I am able to participate in any Activity. I am, at the time of registering and whenever participating in an Activity, at least 18 years old, in good health and have no disability, impairment, injury, disease or ailment preventing me from engaging in passive or active exercise or which would cause increased risk of injury or adverse health consequences as a result of my participation in an Activity;
- I accept that there are inherent risks and dangers in performing exercises of the nature included in the Activities, and that some of these risks cannot be eliminated regardless of the reasonable care taken to avoid injuries. AFTER HAVING THE OPPORTUNITY TO FULLY INFORM MYSELF ABOUT THE ACTIVITIES, I KNOWINGLY AND FREELY ASSUME AND ACCEPT ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, and assume full responsibility and all risks for my participation in the Activities;
- if I observe any unusual and/or significant hazard during my presence or participation in an Activity, including but not limited to feeling lightheaded, faint, dizzy, nauseated or experiencing pain or discomfort, I will remove myself from participation and inform my Instructor;
- I consent to administration of first aid and other medical treatment in the event of injury or illness and hereby release and indemnify any person providing such first aid or treatment from any and all liability or claims arising out of such treatment;
- I recognise that nothing in this waiver shall exclude or limit WeTrain’s or any Instructor’s liability to me for (a) death or personal injury caused by its negligence (b) fraudulent misrepresentation (c) any other liability that may not, under English law, be excluded or limited; and
- I recognise that subject to Section 6 above, neither WeTrain nor any Instructor shall be liable to you, whether such liability arises as a result of breach of contract, negligence, misrepresentation or any other reason, for any loss or damage which arises as a result of (a) an act or omission of a third party (b) any circumstances for which you are at fault, or (c) any circumstance which we cannot reasonably be expected to foresee or control.
- I undertake to ensure that all participants I book on behalf of have seen and accept the waiver
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND AGREE TO IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
WeTrain (referred to as “WeTrain”, “we”, “us” or “our”) is a trading name of UPMYSPORT Ltd, a company registered in England and Wales under registration number 07730614, with its registered office at 51a George Street, Richmond, TW9 1HJ. Neither WeTrain nor UPMYSPORT are themselves a gym, fitness studio, or fitness service provider and do not own, operate or control any of the classes, services or facilities accessible through the Site.
FOR THE PURPOSES OF THIS ACTIVITY WAIVER ‘HOSTS’ OR ‘SUPER HOSTS’ WILL BE KNOWN AS INSTRUCTORS.