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Disclosure

Important information about our services

Effective Date: May 5, 2025

UNIFY PILATES INC.

LIABILITY WAIVER AND ASSUMPTION OF RISK

By executing this Waiver, and in consideration of being permitted to participate in any in-person class, session, event, or activity organized, conducted, or hosted by Unify Pilates Inc. ("Unify Pilates" or the "Company"), you ("Participant" or "Client") acknowledge, agree to, and affirm the following terms, intending to be legally bound thereby:

1. ASSUMPTION OF RISK

The Participant acknowledges that participation in fitness, movement, or wellness activities involves inherent risks, including but not limited to bodily injury, muscular strain, cardiovascular complications, allergic reactions, illness, disease transmission, property damage, and, in rare cases, death. By participating, you expressly and voluntarily accept and assume all such risks, known or unknown, foreseen or unforeseen, and understand that these risks may arise from your own actions or inactions, the actions or inactions of others, the condition of the premises, or the nature of the activities.

The Participant further represents that they are physically and medically fit to participate in the programs and have consulted a qualified physician if they had any doubt regarding their ability to safely engage in physical activity.

2. HEALTH CERTIFICATION

The Participant certifies that they are in good health and have no medical or physical conditions that would affect their ability to participate safely. Where applicable, medical clearance from a physician has been obtained, and the Participant agrees to disclose any ongoing or emergent health concerns to Unify Pilates immediately. Pregnant participants or those with chronic medical conditions are encouraged to consult with their healthcare provider prior to attendance.

3. RELEASE OF LIABILITY

The Participant hereby irrevocably and unconditionally releases, waives, and discharges Unify Pilates Inc., its directors, officers, employees, agents, contractors, volunteers, licensors, affiliates, successors, and assigns (collectively, the "Released Parties") from any and all claims, actions, liabilities, or causes of action, whether known or unknown, arising out of or in any way connected with the Participant's participation in any activity organized, conducted, or hosted by Unify Pilates, including those arising from the ordinary negligence of the Released Parties.

Notwithstanding the foregoing, this release shall not apply to any claims arising from the gross negligence, willful misconduct, or reckless disregard for the safety of the Participant by any of the Released Parties.

The Participant acknowledges that they have read and fully understood the terms of this release, have had the opportunity to ask questions and seek independent legal counsel, and voluntarily agree to its terms. This release is intended to be as broad and inclusive as permitted by the applicable laws of the Province of Alberta and federal law, and if any portion is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

4. INDEMNIFICATION

The Participant agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) that may arise from:

  • Breach of this Waiver or any other agreement or policy of Unify Pilates;
  • The Participant's use of the facilities, services, or equipment;
  • Violation of any applicable laws, rules, or regulations;
  • Injury or damage caused to a third party during participation.

Unify Pilates reserves the right to assume the exclusive defense and control of any matter subject to indemnification, and the Participant agrees to cooperate fully with such defense.

5. EMERGENCY MEDICAL CARE

In the event of an accident or medical emergency, the Participant authorizes Unify Pilates to obtain, at the Participant's expense, medical treatment deemed necessary. Unify Pilates is not responsible for any decisions made by medical personnel or any resulting medical expenses.

6. PHOTOGRAPHY AND MEDIA

The Participant grants permission to Unify Pilates to capture, use, and publish photographs, video recordings, and audio recordings in which they appear, for the purpose of promotion, marketing, and public relations, in perpetuity and without compensation. The Participant may opt out of this clause by submitting written notice in advance of participation.

7. GOVERNING LAW AND DISPUTE RESOLUTION

This Waiver shall be governed by and interpreted in accordance with the laws of the Province of Alberta and the applicable federal laws of Canada. Any dispute or controversy shall be subject to final and binding arbitration pursuant to the Arbitration Act, RSA 2000, c A-43, and conducted in Alberta, unless Unify Pilates seeks equitable or injunctive relief in a court of competent jurisdiction.

The Participant irrevocably waives the right to:

  • Participate in any class action or representative proceeding;
  • A trial by jury in any legal action arising from this Waiver.

8. SEVERABILITY

If any provision of this Waiver is determined to be unlawful, void, or unenforceable, that provision shall be severed, and the remaining provisions shall remain in full force and effect.

9. MINOR PARTICIPANTS

Where the Participant is under the age of majority, a parent or legal guardian must sign this Waiver on their behalf. The signatory affirms legal authority to do so and agrees to be bound by all terms herein.

10. INTEGRATION AND SCOPE

This Waiver constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all prior oral or written communications. It is incorporated by reference into all Unify Pilates Inc. documents, including but not limited to:

  • Studio Policy
  • Membership Service Agreement
  • Privacy Policy
  • Terms and Conditions

In the event of a conflict between this Waiver and other documents, the terms of this Waiver shall control with respect to liability and risk.

11. ACKNOWLEDGMENT

By signing below or electronically accepting this document, the Participant affirms that they have read and understood its contents in full, have had the opportunity to seek legal advice, and voluntarily accept the terms without reliance on any representations made by Unify Pilates or its agents.

For inquiries, please contact by email Seton@unifypilates.ca or by phone at +1 (403) 680-7055