Vivo Waiver

Facility Waiver & Agreement

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

WARNING - BY SIGNING AND INITIALING YOU ACCEPT LEGAL OBLIGATIONS AND GIVE UP IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ CAREFULLY.

TERMS AND CONDITIONS

This Release Agreement applies to the use of the facility, premises and equipment and participation in all activities, programs, services or events mentioned in the Program Guide, the Vivo Website, social media, or any/all related advertising, including all participation in activity classes, aquatics, fitness programs, intramural programs, sport clubs, sporting events, practice sessions, social activities, organized community events and all other related activities (all of which are hereinafter collectively referred to as the “Programs”).

DISCLAIMER

I acknowledge that Vivo for Healthier Generations Society (including its Board of Directors, employees, and volunteers) and The City of Calgary (all hereafter collectively referred to as “Vivo”), are not responsible for any injury, loss or damage of any kind sustained by any person while registered and/or participating in any and all Programs; including injury, loss or damage which might be caused by the negligence of Vivo. This indemnity shall survive the expiration of termination of any agreement for services or programming that I may have entered into with Vivo. The release itself does not terminate or expire.

ASSUMPTION OF RISKS

In consideration of participation in any and all Programs, I acknowledge that I am aware of, and freely accept all risks, dangers and hazards associated with being a participant in the Programs, including the risk of severe or fatal injury to myself or others. These risks include, but are not limited to:

1. All manner of injuries resulting in muscular and soft tissue damage including bruises, scrapes and cuts, that arise from executing strenuous and demanding physical techniques, contact with other participants and failure in proper use of equipment either by myself and/or other participants
2. All manner of injuries resulting in sprains, dislocations, concussions, broken bones, heart attack, stroke, spinal injury and/or tendonitis
3. All manner of head, facial, eye and/or dental injuries
4. All manner of medical problems resulting from heat exhaustion, dehydration, asthma, infectious and communicable diseases, skin rashes, cramps, chemical poisoning, and/or lack of fitness or conditioning as well as any medical problem or injury resulting from exposure to weather conditions, allergens, noxious gases, electrocution, or drowning
5. Risks that are associated with increased fatigue due to participation
6. All manner of injures and/or death that could result from a physical confrontation whether caused by myself or someone else including actions by anyone on the premises
7. All manner of injuries and/or death that may result from collision with other participants whether in water, on foot, on bikes, on a climbing wall or within motor vehicles and/or buses
8. All manner of injuries and/or death that may result from any equipment deployed in the Programs including, without limitation, loss or injury arising from the use, misuse, malfunction or breakdown of any equipment
9. Negligence on the part of Vivo, including the failure by Vivo to safeguard or protect me from the risks referred to above or any other risk arising from the Programs.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY

In consideration of Vivo allowing me to participate in the Programs, I agree:

READ BEFORE SIGNING

I, the “Participant,” in consideration for permission, granted now or in the future by Vivo for Healthier Generations Society understand/acknowledge/agree to the rules and regulations of this facility and will abide by them at all times in the use/participation of the use of any/all aspects of the facility including all programming, services, amenities, or any other related activities. I have further read and understood the following waiver of rights and agree to all of its terms.

I/we as the parent(s)/guardian(s) of the “Participant” agree and acknowledge to all of the above on behalf of the minor we provide consent on behalf of that:

The Participant will respect, adhere, and abide by all rules and regulations imposed on the Participant by Vivo. Failure to comply may result in disciplinary actions and/or removal/cancellation/forfeiture of rights to use the facility.

There are risks and hazards inherent in the very nature of the activity(s) and that as a result of these risks and hazards, The Participant, may suffer personal injury (including communicable diseases), even death, as well as property loss. Depending on the activities chosen to participate in these can include: circuit/strength training, swimming, hockey, lacrosse, soccer, baseball, court sports, dance, yoga, open gym, outdoor games, rock climbing, nutrition education, bouncy castles. I am aware and understand the risk and hazards associated with the activity(s) and may be present in the activity(s) and that the Participant is assuming the risks and hazards at his or her own risk.

I agree to waive any claim the Participant (or persons I represent) may have against Vivo and any and all instructors, coaches, employees/staff, Directors/Officers or agents/organizers of the activity(s) and their respective heirs, representatives, successors and assigns from all claims, demands, costs, expenses, actions and causes of actions arising from the Participant’s involvement in the activity(s) and agree to indemnify and hold harmless the City of Calgary for any claim, including any claim for medical services arising from the Participant’s involvement in the activity(s).

Vivo may secure such medical advice and services as it, in its sole discretion, may deem necessary for the Participant’s health and safety and I shall be financially responsible for such advice and services. I understand that Vivo does not provide accidental death, disability, dismemberment or medical expense related coverage and/or insurance in any manner on behalf of the participants in the activity(s) and therefore agree to assume responsibility for such insurance coverage for the Participant

I agree that in the event that any provision of this form is held to be invalid and unenforceable by any court of competent jurisdiction, the invalidity or unenforceability of such provision will not affect the remaining provisions of this form, which shall continue to be enforceable.

The CONSENT, RELEASE OF LIABILITY, WAIVER OF CLAIM, ASSUMPTION OF RISK, and INDEMNITY is binding on the Participant, myself, and those I represent, our heirs, executors, administrators, personal representative’s lessors of premise, and assigns.

WE HEREBY ACKNOWLEDGE READING, UNDERSTANDING AND AGREEING WITH THE FOREGOING UNDERSTANDING THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. THIS WAIVER WILL SURVIVE ANY OTHER DOCUMENT.

Vivo Withdrawal, Transfer, Credit and Refund Policy

Refund: A refund refers to a sum of money being paid back to a customer or client in the form of debit, account credit, or cash.

Account Credit: An account credit refers to an amount of money placed on a Vivo account that can be used towards any Vivo offerings. Account credits appear on the guest portal as “Imported Balance” and “Other Refund” as well as a negative “Current Account Balance”.

Policy – Account Credits: Account Credits on guest accounts are non-refundable and must be used toward a Vivo offering.

Policy – Refunds: All withdrawals are subject to an administrative fee per registrant/per program set at 25% of the program cost.

Refunds cannot be processed for an account that is not yours.

Programs and Services (not including Preschool – LKAL): The refund/account credit policy for any programs and services offered at Vivo is seen in the table below. Once a program has started no refunds will be provided unless it is for illness or injury.

1. Greater or equal to 14 days prior to Course Starting: 25% of Program Fee will be deducted as a administrative fee. (All funds remaining refunded to the original form of payment or credits)
2. Less than 14 days prior to Course Starting: No refunds will be issued.
3. Course started: No refunds will be issued unless for injury or illness. Any remaining funds will be prorated based on the number of classes left. This is only to be used for Illness or Injury. With a valid doctor’s note dated within two weeks of the program start date. 25% of Program Fee will be deducted as an administrative fee.

*Missed classes by participants are non-refundable, not transferable, and are not subject to account credit.

Memberships: Refunds are not provided for facility closures or STAT days, due to maintenance, or for non-usage.

Prepaid Annual: Prepaid Annual Memberships are non-refundable. All remaining months on accounts not used before Vivo’s closure have been changed into an account credit on the owner’s account.

Monthly Continuous: Monthly continuous memberships are non-refundable once the charge has been made. All cancellations must be made before the 25th of the month prior or no refund will be given, as explained in the membership contract form. There are some cases where a member may be accidentally charged when they shouldn’t be, for these cases a refund will be administered upon proper proof of charge is provided.

Drop-Ins: Drop-In payments are non-refundable unless:

1. An emergency evacuation of the pool and visitors are asked to leave.
2. Pool contaminations within 1 hour of pass purchase.

All Drop-In payments are non-refundable if guests are asked to leave the facility due to behavioural issues.

Transfers: All program and service participants are able to transfer to another program based on availability and subject to the cost difference between programs being paid if there is a cost increase. These transfers can occur any time prior to the start of the program. Transfers after a program has started will only be approved by the department leadership in a case-by-case basis. Transfers for those registered in the wrong section will only be completed if space is available. No refunds will be given for registering in the wrong level.

Class Cancellation/Program or Service Cancellation by Vivo: If Vivo cancels a single class (ex. from pool contamination), the following steps will determine the course of action:

1. A make-up class will be provided and communicated to participants or,
2. An account credit for that class will be applied to your account to be used for future Vivo experiences.

Preschool: Will continue to operate on a monthly basis for withdrawals and cancellations.

By agreeing to this, you acknowledge that you have read and agree to Vivo’s credit and refund policies.