registration

Terms, Conditions and Waiver for Agility Sports

Facility Name: Agility Sports
Address: Unit 7, 68 Eastern Avenue, Brampton, ON, L6W1X8
Effective From (Date): 01 October, 2014

Welcome to Agility Sports! These Terms of Use (“Terms“) are a contract between you (the “Participant,” “Parent/Guardian,” or “Team Manager,” if applicable) and 15995710 Canada Inc. (“Agility Sports “ or “we“) and govern your access to and use of any Agility Sports facility, program, experiences, events, services, recordings (“Activities”), and/or website, mobile application or content (the “Site“), and/or products made available through Agility Sports. Please read these Terms carefully before accessing and using the Facility. By signing this waiver, you (the “Participant,” “Parent/Guardian,” or “Team Manager,” if applicable) agree to the terms and conditions outlined below.

I. Personal Information

The personal information you provide will be used to ensure that services and products are supplied to you. The information you provide is only available to Agility Sports. and will not be shared with other third parties. You have the right to inspect the information held about you. You always have the right to request that Agility Sports delete or correct the information held about you. We do not represent or guarantee the truthfulness, accuracy, or reliability of the content posted by third parties.

II. Force Majeure

Events outside of Agility Sports’s control, which are not reasonably foreseeable, shall be considered force majeure, meaning that Agility Sports. is released from obligations to fulfill contractual agreements. Examples of such events are government action or omission, new or amended legislation, conflict, embargo, fire or flood, sabotage, accident, war, natural disasters, strikes or lack of delivery from suppliers. The force majeure also includes government decisions that affect the market negatively and products, for example, restrictions, warnings, ban, etc.

III. Payment

All products and services remain Agility Sports’s property until full payment is made. The price applicable is that set at the date on which you place your order. All costs and payment fees are recognized before confirming the purchase. If you are under 18 years old you must have parents’ permission to buy from Agility Sports. All transfers conducted through Agility Sports. are handled and transacted through third party dedicated gateways to guarantee your protection. Card information is not stored and all card information is handled over SSL encryption. Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for the transactions made.

IV. Local Taxes

Please note that local charges (sales tax, customs duty) may occur, depending on your region and local customs duties. These charges are at the customer’s own expense.

V. Refunds

All sales are final. Any bookings that are canceled due to external circumstances (lockdowns, weather conditions, or maintenance) will be rebooked. Bookings can be changed or swapped for a facility credited with up to 48-hour notice.

VI. Indemnification

You agree to indemnify and hold Agility Sports, its affiliated entities, subsidiaries, its suppliers, service providers and partners and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, harmless from any claims, actions, suits, costs, expenses, losses, damages, liabilities, including attorneys’ fees, arising out of or in connection with your misuse of the Site, Activities, violation of these Terms, violation of the rights of any other person or entity, or any breach of your representations, warranties, and covenants set forth in these Terms.

WAIVER AND RELEASE

Acknowledgment of Risks

I understand and acknowledge that participation in sports, fitness activities, or recreational use of the Facility involves risks, including but not limited to:

Physical Injuries: Including but not limited to sprains, fractures, concussions, or other injuries.
Health Risks: Including dehydration, overexertion, or other exercise-related conditions.
Equipment-Related Risks: Including but not limited to failure of equipment or improper use of equipment.
Environmental Factors: Including wet or slippery floors, weather conditions (if activities are conducted outdoors), or other environmental hazards.

Assumption of Risk

I voluntarily assume all risks, whether foreseen or unforeseen, associated with participation in activities at the Facility. I agree that my participation is entirely voluntary, and I am aware of the potential risks and dangers involved.

Release of Liability

To the fullest extent permitted by law, I hereby release and discharge Agility Sports, its employees, agents, owners, and affiliates from any and all liability, claims, demands, or causes of action that may arise from my use of the Facility, including but not limited to:

Injury, illness, or death.
Damage to, theft of, or loss of personal property.

Any other claims arising out of negligence, gross negligence, or intentional misconduct, except for those caused by the Facility’s willful misconduct.

Medical Fitness and Consent

I certify that I am physically fit, have sufficiently prepared for the activities I will participate in, and have no medical conditions that would put me at risk during participation.

I authorize the Facility and its staff to seek medical attention on my behalf in the event of an emergency, understanding that I will bear any associated costs.

Compliance with Rules

I agree to comply with all rules, instructions, and policies established by Agility Sports, including those related to safety, equipment use, and conduct. I understand that failure to comply may result in my removal from the Facility without refund.

Indemnification

I agree to indemnify and hold harmless Agility Sports from any and all claims, actions, damages, or expenses (including legal fees) that may arise from my participation or conduct at the Facility, whether caused by my actions, omissions, or negligence.

Parental Consent (If Applicable)

If the Participant is under the age of 18, this waiver must be signed by a parent or legal guardian. The parent/guardian agrees to all terms herein on behalf of the minor and accepts full responsibility for the minor’s participation.

Team Manager Acknowledgment (If Applicable)

If signing on behalf of a team, the Team Manager acknowledges and agrees:

To accept all terms of this waiver on behalf of their team members.
To ensure each team member or their legal guardian has reviewed and understood this waiver.
To be responsible for compliance with Facility rules and regulations by all team members.

Media Release

I grant permission to Agility Sports to use photographs, videos, or other media featuring me (or my child or team, if applicable) for promotional, educational, or informational purposes without compensation or further consent.

Governing Law

This waiver is governed by the laws of the Province of Ontario and any disputes arising from this waiver or use of Agility Sports will be resolved exclusively in the courts of Ontario.

Severability

If any provision of this waiver is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.

Acknowledgment of Understanding

By signing this waiver, I confirm that I have read and understood its terms, and I am signing it freely without coercion. I understand that by signing this document, I am waiving substantial legal rights, including the right to sue Agility Sports for injuries or damages arising from my participation.

AGILITY SPORTS IS NOT RESPONSIBLE FOR THE QUALITY OF ANY ACTIVITIES PROVIDED. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE ACTIVITIES OR RECOMMENDATIONS AVAILABLE ON OR THROUGH THE SITE ARE RIGHT FOR YOU.

YOU UNDERSTAND THAT THERE ARE CERTAIN INHERENT RISKS AND DANGERS IN EXERCISING AND THAT THE ACTIVITTIES YOU MAY ATTEND OR PARTICIPATE IN OFFER A RANGE OF ACTIVITIES AND INTENSITY LEVELS. BY USING AGILITY SPORTS (INCLUDING BUT NOT LIMITED TO BOOKING A FACILITY OR ATTENDING, PARTICIPATING IN AN ACTIVITIES), YOU ACKNOWLEDGE AND AGREE, ON BEHALF OF YOURSELF, YOUR HEIRS, PERSONAL REPRESENTATIVES AND/OR ASSIGNS THAT YOU ARE AWARE OF THESE RISKS WHICH INCLUDE, BUT ARE NOT LIMITED TO, PROPERTY DAMAGE, ILLNESS, LOSS AND BODILY INJURY OR DEATH. YOU ACKNOWLEDGE THAT SOME OF THESE RISKS CANNOT BE ELIMINATED AND YOU SPECIFICALLY ASSUME THE RISK OF INJURY OR HARM.

YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL PRIOR TO USING AGILITY SPORTS (INCLUDING BUT NOT LIMITED TO ATTENDING, PARTICIPATING IN AN ACTIVITIES) AND TO DETERMINE IF AND HOW PARTICIPATING IS APPROPRIATE FOR YOU.

YOU ALSO UNDERSTAND AND AGREE THAT THE SITE OFFERS FITNESS AND RELATED INFORMATION THAT IS DESIGNED FOR INFORMATIONAL, EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. NOTHING STATED OR POSTED ON OR OTHERWISE AVAILABLE THROUGH ANY ASPECT OF THE SITE AND/OR A CLASS IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. YOU SHOULD NOT RELY ON ANY INFORMATION ON OR THROUGH THE SITE AND/OR ACTIVITIES AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR FITNESS LEVEL, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR HEARD ON OR THROUGH THE SITE AND/OR ACTIVITIES. THE USE OF ANY OF THE CONTENT, RECOMMENDATIONS AND INFORMATION PROVIDED ON OR THROUGH AGILITY SPORTS IS SOLELY AT YOUR OWN RISK.

THE SITE IS CONTINUALLY UNDER DEVELOPMENT AND AGILITY SPORTS MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN RESEARCH MAY IMPACT THE FITNESS OR RELATED ADVICE THAT APPEARS ON OR IN CONNECTION WITH THE SITE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE OR RECOMMENDATIONS CONTAINED IN OR THROUGH THE SITE AND/OR ACTIVITIES WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

THEREFORE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, INDEMNIFY, AND HOLD HARMLESS AGILITY SPORTS, ITS PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL RESPONSIBILITY, CLAIMS, ACTIONS, SUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES AND LIABILITIES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN OR USE OF THE SITE AND/OR ATTENDANCE AT, PARTICIPATION IN, PURCHASE OF AND/OR USE OF ANY ACTIVITIES) INCLUDING BUT NOT LIMITED TO WITH RESPECT TO BODILY INJURY, PHYSICAL HARM, LOSS, ILLNESS, DEATH OR PROPERTY DAMAGE.