COCO FITNESS INC.

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

1. Definitions

In this Agreement, these terms shall mean the following:

“Coco Fitness” shall mean Coco Fitness Inc. and its affiliates, related entities, directors, officers, employees, agents, representatives, successors, and assigns.

 “Fitness Programs” shall include all services offered by Coco Fitness Inc. to yourself, including online at home programs, programs offered via the mobile app, in person-training, which include without limitation a wide range of physical activities such as strength training, swimming pool, use of fitness conditioning equipment, machines and facilities, nutritional tips and any other related services.

“You” and “Yourself” shall mean yourself personally and all your personal representatives, heirs, executors, administrators, agents, and assigns.

1. Disclaimer

The information, recommendations, guidelines and services that are provided by Coco Fitness in relation to the Fitness Programs are to be used as general guidelines for healthy living and eating.  They are not intended as medical advice or to replace any advice given by a medical practitioner or any other healthcare professional, nor are they indented to be a substitute for any specific medically prescribed diet or exercise. You are strongly advised and encouraged to meet with your general health practitioner to discuss your individual dietary and health needs, prior to beginning the Fitness Programs. In the case of illness or other medical condition, a doctor or healthcare professional should be consulted prior to commencing this program and following the nutrition tips. 

1. Assumption of Risk

You are aware and understand that your participation in the Fitness Programs, and the fact that you will be engaging in physical exercise or activity through the Fitness Programs, involves many risks, dangers and hazards, which could result in damage, loss or physical injury. Some of those risks, dangers and hazards could include, without limitation, illness, personal injury, aggravation of an existing personal injury/condition or loss to your personal property, whether arising out of the negligence of Coco Fitness or otherwise. You acknowledge that there is an inherent risk in performing the Fitness Programs and you agree to voluntarily participate in the Fitness Programs at your own risk. 

1. Release

You agree on behalf of yourself to release and discharge Coco Fitness from any and all recourses, proceedings, claims and causes of action of any kind whatsoever, in respect of any illness, personal injury, property losses that you may suffer while using the Fitness Programs or arising out of the use or in connection with the use of the Fitness Programs, notwithstanding that such injuries or losses may have been caused solely or partly by the negligence of Coco Fitness. This release of liability includes, without limitation, injuries which may occur as a result of (a) your use of the Fitness Programs, (b) your use of any recommended exercise equipment which may malfunction or break, (c) negligent instruction, including personal training.

1. Indemnification

By executing of this Agreement, you hereby agree to indemnify and hold harmless Coco Fitness from any loss, liability, damage, or cost Coco Fitness may incur due to the provision of the Fitness Programs. 

1. Acknowledgments 

You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

This Agreement shall be governed by and interpreted in accordance with the laws of New Brunswick. Any litigation involving the parties to this Agreement shall be brought within the courts of New Brunswick.

You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against Coco Fitness for negligence, for personal injuries or damages sustained while using or as a result of using and participating in the Fitness Programs. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.