EAST SHORE FITNESS PLACE USER WAIVER & RELEASE FOR INDIVIDUAL USE & FOR CLASSES


I,  , the undersigned person (herein called a ‘user’) acknowledge and agrees that:

  • Kootenay Lake School District No. 8 (herein called ‘SD8’) has entered into an arrangement whereunder the East Shore Facilities Society (herein called the ‘ESFS’) manages, operates or owns the machines, equipment and facilities known as the East Shore Fitness Place (collectively herein called the ‘FP’) comprised within a part of the Crawford Bay Elementary & Secondary School for the purpose of use thereof by the East Shore community.
  • The user desires, from time to time, to use or participate in classes, meetings or any other activity whatsoever, utilizing some or any of such facilities as may be, from time to time, permitted or sponsored by the ESFS at the FP.
  • Any such use is agreed to be solely at the risk of the user and that signing this agreement is a prior condition to any such use.
  • The user shall be solely responsible for the safety and well-being of themselves and understands that the ESFS does not provide instruction or assistance for the use of the facilities and equipment.
  • The consideration for this agreement is the permission for supervised or unsupervised use of the facilities and any classes held therein – taught by individuals renting the FP and/or CBESS staff and/or those hired by the ESFS, and once signed this agreement shall continue in full force and effect with respect to all future use of the facilities and the covenants and agreements herein shall inure to the benefit of and be binding upon the user, his/her heirs, executors and administrators.
  • The user shall observe and comply and keep themselves up-to-date with all restrictions, code of conduct, rules or regulations as may be imposed, posted or published by the ESFS (now or in the future) with respect to the use of the facilities and equipment.
  • The user shall conduct themselves in a controlled reasonable manner at all times and refrain from using any equipment in a manner inconsistent with its intended design and purpose. 
  • The user shall observe and comply with all restrictions, code of conduct, rules or regulations as may be imposed, posted or published by the ESFS with respect to the use of Electronic Key Card/Fob (herein call the ‘EKC’) access to the FP, including the following:
    • the user shall not enter the FP prior to 5:30 am or to depart later than 10:30 pm, understanding that being in the FP outside of these hours would trigger the alarm resulting in a significant charge/fine to the user for having the alarm reset,
    • only the registered user is permitted use of their registered EKC, it is not transferable ~ user shall not prop open the entrance door to the FP during unsupervised hours for any reason (windows and thermostat are used to control temperature) ~ user shall not permit anyone else to enter the FP with them when entering the FP with their EKC,
    • the user understands that failure to comply with these restrictions may result in the loss of their EKC and/or FP privileges,
    • the user consents to their EKC registration information being shared with SD8 for the purposes of CBESS security.
  • The user shall not open any EXIT doors other than to exit out of the door they entered except in an actual emergency ~ the user understands that using any other door will trigger the alarm resulting in a significant charge/fine to the user for having the alarm reset.
  • The user shall not bring any guests into the FP with their EKC; user assumes full and complete legal responsibility for the actions of any guest they bring in to the FP, incluing and not limited to injury or damage that occurs to or by any guest;  the term ‘guest’ includes children of the user.
  • The user shall be responsible for payment of any user fee imposed in respect to use of the FP and shall be responsible for and shall indemnify the ESFS for any damage to the facilities and/or equipment caused by the user by reason of the user’s carelessness, misuse or negligence.
  • The user understands that both CBESS and the FP may be monitored by video surveillance for the purpose of individual, premises and EKC security.
  • The user is the full age of nineteen years (if not this agreement is to be countersigned by a parent or legal guardian).
  • The user agrees that they understand that the key card is for their use only and it is not to be used by anyone other than themselves, including family members. 

Because physical exercise can be strenuous and subject to risk of serious injury, the ESFS urges me to obtain a physical examination and consent from a doctor before using any exercise equipment or participating in any exercise activity. I agree that by participating in physical exercise or training activities, I do so entirely at my own risk. I agree that I am voluntarily participating in these activities and use of these facilities and premises and assume all risks of injury, illness, or death. The ESFS and SD8 are not responsible for any injury or illness, neither to my person, nor to any guest I bring with me into the premises; I assume this risk and responsibility. The ESFS and SD8 are also not responsible for any loss of any personal property belonging to myself or any guest I bring into the premises; I assume this risk and responsibility.

I, have been informed of, understand, and am aware that any exercise program, whether or not requiring the use of exercise equipment, is a potentially hazardous activity. I also have been informed of, understand, and am aware that any exercise and/or fitness activities involve a risk of injury, as well as abnormal changes in blood pressure, fainting, and a remote risk of heart attack, stroke, other serious disability or death, and that I am voluntarily participating in these activities and using equipment and machinery with full knowledge, understanding and appreciation of the dangers involved. 

I hereby agree to expressly assume and accept any and all risks of injury, regardless of severity, or death. I have been advised that an examination by a physician should be obtained by anyone prior to commencing a fitness and/or exercise program, or initiating a substantial change in the amount of regular physical activity performed. 

If I, have chosen not to obtain a physicians’ consent prior to beginning or continuing any use of the FP, I hereby agree that I am doing so solely at my own risk. In any event, I hereby acknowledge and agree that I am physically and mentally capable of performing the physical activity I choose to participate in and I assume the risks associated with any and all fitness related activities and/or excercises in which I participate.

After having read this waiver in its entirety and knowing these facts, and in consideration of acceptance of my participation and the ESFS furnishing services to me, I , agree, for myself and anyone entitled to act on my behalf, to HOLD HARMLESS, WAIVE, RELEASE, DISCHARGE AND FOREVER AQUIT SD8 and ESFS, their respective officers, agents, employees, organizers, contractors, representatives, and successors from and in respect to any responsibility or liability for any and all injury, damage, claim, action, negligence, loss or demand to person or property of whatsoever kind or nature arising out of or related to my participation in or use of the FP and ESFS programs and/or events. 

Dated at Crawford Bay, BC, this July 6, 2025


 

 

To be signed on site:

 

________________________________________    
 WITNESS NAME (FP SUPERVISOR, SD8 STAFF OR ESFS BOARD MEMBER)         

 

________________________________________       
 WITNESS SIGNATURE

I represent that I have legal capacity and authorize to act on behalf of the minor named herein:

 

________________________________________                  
PRINT PARENT/GUARDIAN FIRST & LAST NAME                   

 

________________________________________
PARENT GUARDIAN SIGNATURE (IF APPLICABLE)

 

 

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Signature Certificate
Document name: EAST SHORE FITNESS PLACE USER WAIVER & RELEASE FOR INDIVIDUAL USE & FOR CLASSES
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June 23, 2021 11:17 am PDTEAST SHORE FITNESS PLACE USER WAIVER & RELEASE FOR INDIVIDUAL USE & FOR CLASSES Uploaded by Geoffroy Tremblay - eastshorefacilities@gmail.com IP 209.52.44.123
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