Terms of Service + Waiver

PLEASE READ CAREFULLYRELEASE OF LIABILITY, WAIVER OF CLAIMS AND ASSUMPTION OF RISKS AGREEMENT (hereinafter referred to as the “Release Agreement”). By signing this document you shall waive certain legal rights, including the right to sue or claim compensation following an accident.‍

DEFINITIONS:the “Releasees” shall mean ROUNDHOUSE MARTIAL ARTS AND FITNESS STUDIO LTD. and all of the its employees, directors, officers, shareholders, affiliates, instructors, agents, representatives, volunteers, independent contractors, subcontractors, permitted representatives, successors, assigns, and representatives.“Equipment” may include gloves, hand wraps, shin guards, mouthguards, headgear, training pads, skipping ropes, and heavy bags, weights and any other equipment owned or used by the Releasees.“Fitness Activities” encompasses all activities, events, and services that are provided, arranged, organized, conducted, sponsored, or authorized by the Releasees. These activities may include, but are not limited to, a combination of strength and conditioning training, technique drills, sparring, grappling, and striking training. The strength and conditioning exercises aim to improve endurance, speed, agility, and strength, while the technique drills involve practicing specific moves such as takedowns, submissions, and strikes. Sparring and grappling simulate combat situations, while guidance on strategy for fights is provided. Other activities that fall under the “Fitness Activities” category may include children’s camps, group fitness classes, open gym training, and any other services that are connected with or related to the activities described above. the “Participant” shall mean the individual whose name and signature are in the below panel marked PARTICIPANT.

‍TERMS OF SERVICE
1. The website located at www.roundhousesquamish.com (the “Website”) provides products and services (collectively, the “Service”)  provided therefrom or otherwise by Roundhouse Martial Arts & Fitness Studio Ltd. (“us,” “we,” “our,” or “Roundhouse”). In consideration of accessing or using the Service, you (“you” or “User”) agree to be bound by these Terms of Service (the “Agreement”). Please read this Agreement carefully, as it outlines important information regarding your legal rights and obligations when using the Website and Services. 
2. Changes to this Agreement. We reserve the right to change, modify, or update this Agreement at any time without notice. The most recent version of the Agreement will be posted on the Website. Any changes will be effective immediately upon posting, and continued use of the Service constitutes acceptance of such changes.
3. Account and Security. By using our Service, you agree to provide accurate and current information, maintain the security of your account and password, and notify us immediately of any unauthorized use of your account, as you are responsible for all activity conducted through your account. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province or territory of residence, or that you have provided consent for any minor dependents to use the site. You may not use our services for any illegal or unauthorized purpose, nor violate any laws in your jurisdiction during your use of the Service.
4. Consent to Electronic Communications. By using our Service, you consent to receive electronic communications, including promotional emails, notices, and updates. You may opt out of receiving promotional emails by following the instructions provided in the email.
5. User Content and License. Users may submit content (“User Content”) to the Service. By submitting User Content, you grant Roundhouse a worldwide, royalty-free license to use, reproduce, and distribute your content for the purposes of providing and promoting the Service. You retain ownership of your content but acknowledge that Roundhouse may remove any User Content that violates this Agreement.
6. Third Party Tools: We may provide you with access to third-party tools over which we have no control or input. You acknowledge and agree that we provide access to such tools on an “as-is” and “as-available” basis, without any warranties, representations, or conditions of any kind, and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools. Any use by you of these optional tools is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms provided by the relevant third-party providers.
7. Service Content. All content provided by Roundhouse and other users, including images, text, videos, and software, is the property of Roundhouse or its licensors. You may only use this content for personal, non-commercial purposes, and may not reproduce, distribute, or sell it without permission.
8. User Conduct. You agree not to engage in prohibited activities, including but not limited to: Misusing the Service for illegal purposes, Violating the intellectual property rights of others, Uploading harmful content or software, Impersonating other individuals or entities. Roundhouse reserves the right to terminate accounts that engage in prohibited conduct.
9. Service Modifications and Availability. We reserve the right to modify, suspend, or discontinue the Service at any time without notice. We are not liable for any interruptions in Service.
10. Third-Party Links. The Website may contain links to third-party websites. Roundhouse is not responsible for the content or policies of these websites, and users should review the terms of any third-party sites they visit.
11. Privacy Policy. Your use of the Service is subject to our Privacy Policy, which outlines how we collect, use, and protect your personal information. For more details, please review our Privacy Policy.
12. Release of Liability. By participating in any of the fitness or martial arts activities offered by Roundhouse, you acknowledge and assume all inherent risks associated with physical training. You agree to release Roundhouse and its affiliates from any liability for injuries, losses, or damages incurred during your participation, whether caused by negligence or otherwise. This release applies to all fitness and martial arts classes, personal training sessions, and use of the facilities. For more detailed information on the risks and liability, please refer to our Waiver of Liability below.
13. Disclaimers of Warranties. Roundhouse provides its services on an “as-is” basis, and we make no warranties, express or implied, regarding the quality, accuracy, or availability of the Service. We do not guarantee that the Service will be error-free, secure, or uninterrupted. By using our Service, you agree that your use is at your own risk. Roundhouse is not liable for any errors, omissions, or service disruptions.
14. Limitation of Liability. In no event will Roundhouse, its affiliates, or employees be liable for any indirect, incidental, or consequential damages, including lost profits or data, arising from your use of the Service. The maximum liability of Roundhouse to you for any cause of action will be limited to the amount paid by you for the Service during the 12 months preceding the incident.
15. Indemnification. You agree to indemnify and hold harmless Roundhouse and its affiliates from any claims, damages, or expenses arising out of your use of the Service, your violation of these Terms of Service, or your infringement of any rights of a third party.
16. Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia, without regard to conflict of law principles. Any disputes arising from this Agreement will be resolved in the courts of British Columbia.
17. Termination. Roundhouse reserves the right to terminate or suspend your account and access to the Service at any time, for any reason, including but not limited to a violation of these Terms of Service. Upon termination, you will no longer have access to the Service, and any rights granted under this Agreement will cease immediately.
18. Changes to the Service. Roundhouse reserves the right to modify or discontinue any aspect of the Service at any time without notice. We are not liable to you or any third party for any modifications, suspensions, or discontinuations of the Service.
19. Entire Agreement. This Agreement, along with our Privacy Policy and Release of Liability, constitutes the entire agreement between you and Roundhouse regarding your use of the Service. Any prior agreements, whether oral or written, are superseded by this Agreement.
20. Intellectual Property. All content on the Website, including but not limited to logos, trademarks, text, graphics, videos, and software, is the property of Roundhouse or its licensors and is protected by intellectual property laws. You may not use, reproduce, distribute, or modify any of this content without the prior written consent of Roundhouse. Unauthorized use of any of the content may result in a violation of copyright, trademark, or other laws.
21. User Submissions. Any feedback, suggestions, or other content you provide to Roundhouse, whether through the Website or any other form of communication, is considered non-confidential. Roundhouse may use, reproduce, or share this content for any purpose without compensation to you. You represent that you have the legal right to submit such content and that it does not violate any third-party rights.
22. Severability. If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
23. Waiver. The failure of Roundhouse to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Roundhouse.
24. Assignment. You may not assign or transfer any of your rights or obligations under this Agreement without the prior written consent of Roundhouse. Roundhouse reserves the right to assign or transfer its rights and obligations under this Agreement without your consent.
25. Dispute Resolution. In the event of any dispute arising under or related to this Agreement, you agree to first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved amicably, it shall be submitted to binding arbitration under the rules of the Vancouver International Arbitration Centre (VanIAC), for disputes exceeding $35,000. 
26. Force Majeure. Roundhouse shall not be liable for any failure or delay in performance of its obligations under this Agreement due to causes beyond its reasonable control, including, but not limited to, acts of God, war, strikes, labor disputes, or governmental actions.


‍ASSUMPTION OF RISKS:I have reviewed the description of the Fitness Activities provided by the Releasees and feel that I have sufficiently informed myself about the nature of the Fitness Activities and the activities involved.I am aware that participating in Fitness Activities involves many inherent risks, dangers, and hazards, including but not limited to: physical exertion which can pose risks to participants if proper precautions are not taken; strains, sprains, and other muscular injuries; impact injuries such as bruises or broken bones, particularly during sparring or striking training; concussion, especially during striking or sparring; overexertion, dehydration, and heatstroke if proper rest and hydration are not maintained; impact and collision with other players, instructors, or spectators; and other types of skin-related conditions; impact with objects or equipment used in connection with fitness activities; contraction of a contagious disease, including but not limited to, COVID-19; changes in the type of surface and the condition of each surface, including the premises of the Releasees, gymnasium, shower facilities, and change rooms; adverse weather conditions; loss of balance and failure to play or exercise safely within one’s own ability; failure to play or train against others of equal stature or ability; theft of personal property; consumption of food and drink, whether provided by professionals or non-professionals; and negligence on the part of other participants or the Releasees, including the failure on the part of the Releasees to take reasonable steps to safeguard or protect me from the risks, dangers, and hazards of participating in the Fitness Activities referred to above. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS, AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.Participants are expected to be respectful and considerate towards other participants and the Releasees. 

‍RELEASE OF LIABILITY, WAIVER OF CLAIMS, CONSENTS, AND INDEMNITY AGREEMENT   In consideration of the Releasees agreeing to my participation in Fitness Activities and permitting my use of their services, equipment, and facilities, $1.00 paid by each party to this Release Agreement to each other, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:

1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in Fitness Activities. DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREADH OF CONTRACT, OR BREACH OF AY STATUTORY OR OTHER DUTY OF CARE, INCLUDING AY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R. S.BC. 1996. C 337 ON THE PART OF THE RELEASEE, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEE TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ADVENTURE ACTIVITIES REFERRED TO ABOVE; 
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in Fitness Activities;
3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
4.  This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction; and
5.  Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.
6. I consent to the Releasees taking my photographs and using my likeness on their social media or other marketing materials and understand that I shall not receive compensation for the use of my likeness.
7. In the event of an accident, injury, or illness involving the Participant, and immediate contact with the designated emergency contact cannot be made, I hereby authorize and grant permission to the Releasees to secure proper medical treatment and to authorize on the Participant's behalf all procedures, including, without limitation, admission to an emergency unit, hospital, and treatment therein, ordering of x-rays, tests or treatment, injections, anesthesia, and/or surgery, as deemed necessary by the attending medical professional(s). I agree not to hold the Releasees responsible for any costs or injury arising out of an emergency situation.In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in Fitness Activities, other than what is set forth in this Release Agreement. I confirm that I have read and understood the Release Agreement prior to signing it, and I am aware that by signing this Release Agreement I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators, assigns and representatives may have against the Releasees.

GUARDIAN’S CONSENT AND ACKNOWLEDGEMENTS:I ________________________ as Guardian of the Participant consent to the participation of the Participant in the Fitness Activities, and agree on behalf of the Participant to all of the terms and conditions of this Release Agreement.  I am the parent or legal guardian of the Participant and warrant and agree I have the full legal authority to sign the Release Agreement as guardian of Participant.  I also consent on my own behalf to the terms and conditions of this Release Agreement.Furthermore, in the event of an injury to the Participant during the duration of the Fitness Activities I give my permission to the Releasees to arrange for all necessary medical treatment for the Participant until such time as I can be reasonably contacted whereupon such authorization shall be revoked unless otherwise agreed by me.  I acknowledge that I have read and agree with the provisions of this Release Agreement and without limiting the generality of the foregoing shall be responsible for any and all costs pertaining to such medical treatment described in this paragraph.Participants are required to follow the directions of all instructors, to remain in close proximity to their instructors during the program, and not leave without consent and informing instructors. In the event of a breach of these rules, instructors will discuss the issue with the participant and/or their Guardian. If there is a continuous breach of these rules, Roundhouse may require the participant to withdraw from the remainder of the Fitness Activities, without reimbursement of any fees.

‍I confirm that I will discuss these rules and expectations with the Participant.Furthermore, I represent and warrant to the Releasees and acknowledge and agree that I had the opportunity and was not prevented nor discouraged by the Releasees from seeking independent legal advice prior to signing this Release Agreement and where I have not done so prior to signing this Release Agreement I have done so voluntarily without any undue pressure and agree that any failure of me to obtain independent legal advice shall not be used against me as a defence to the enforcement of this Release Agreement by the Releasees.INDEPENDENT LEGAL ADVICE:I represent and warrant to the Releasees and acknowledge and agree that I had the opportunity and was not prevented nor discouraged by the Releasees from seeking independent legal advice prior to signing this Release Agreement and where I have not done so prior to signing this Release Agreement I have done so voluntarily without any undue pressure and agree that any failure of me to obtain independent legal advice shall not be used against me as a defence to the enforcement of this Release Agreement by the Releasees. 

‍‍ACCEPTANCE:This Release Agreement is dated as at the date when the Participant or, if applicable, the Guardian has selecting “I agree.”Electronic Signature: The Participant or, if applicable, the Guardian agrees that this Release Agreement may be electronically signed, and that an electronic signature shall have the same legal effect as a physical signature.Consent by Clicking “I Agree”: By selecting “I Agree”, the Participant or, if applicable, the Guardian, hereby agree to the terms of this Release Agreement and acknowledge that such action has the same legal effect as physically signing this Release Agreement. The Participant or, if applicable, the Guardian acknowledge that by clicking “I Agree”, they are waiving certain legal rights, including the right to sue or claim compensation following an accident.