RJH Fitness Society Terms and Conditions/Rules and Regulations for Fitness Centre
PLEASE READ CAREFULLY
ASSUMPTION OF RISK AND INFORMED CONSENT:
By accepting these terms and conditions, you will waive certain legal rights, including the right to sue.
You have enrolled in a program of physical activity including, but not limited to physical training, exercise, sports activities and other health and wellness activities and the use of facilities, services and activities offered by the RJH Fitness Society and Island Health.
You acknowledge that you have either had a physical examination and have been given your physician's permission to participate, or that you have decided to participate in the facilities, services and activities regarding utilization of the equipment, services and facilities offered by RJH Fitness Society and Island Health.
You fully understand and are aware that strength, flexibility, and aerobic exercises, including the use of equipment, services and facilities is a potentially hazardous activity; that fitness activities involve a risk of injury and even death and that you are voluntarily participating in these activities, with the knowledge of the dangers involved.
You hereby release RJH Fitness Society and Island Health from any liability now or in the future for any injuries however caused and any property damage or loss, occurring during or after use of services, facilities and participation in such activities.
Release of Liability, Waiver of Claims and Indemnity Agreement:
In consideration of the RJH Fitness Society permitting use of the facilities, service and activities offered by RJH Fitness Society, you hereby agree as follows:
- to waive any and all claims that you have or may in the future have against RJH Fitness Society or Island Health and its directors, officers, employees, agents and representatives (all of whom are hereinafter collectively referred to as "the Releasees").
- to release the Releasees from any and all claims of all kind for any injury, loss, damage, expense, cost, or relief of any kind, resulting from or arising out of or connected with your use of facilities or services of your participation in any activities offered by RJH Fitness Society and Island Health, including, without restriction, claims, arising from excessive exertion, from the condition of equipment or premises or facilities, from the conduct of others or third parties, and from negligence, including gross negligence, trespass, breach of contract, vicarious liability for any other person's act or omission, or breach of any statutory or other duty of care, including any duty of care owned under the Occupiers Liability Act, R.S.B.C. 1979, c.303, on the part of the Releasees.
- to hold harmless and indemnify of the Releasees from any liability for any damage to property of, or personal injury to, any third party, resulting from my use of services, facilities and participation in any RJH Fitness Society activities.
- this Agreement shall be effective and binding upon your heirs, next of kin, executors, administrators, assigns and representatives in the event of your death or incapacity.
In entering this Agreement, you are not relying upon any oral or written representations or statements made by the Releasees other than what is set forth in this Agreement.
RJH FITNESS SOCIETY MEMBERSHIP:
Term: 12 months – October 1 to September 30 (RJHFS Membership is non-refundable and non-transferable)
This Agreement, including the Rules and Regulations as amended from time to time, is the entire Agreement between the RJH Fitness Society and Island Health. The Fitness Society makes no representation of warranties, written or oral, express or implied, other than those in this Agreement, and the Member’s sole remedy in the advent of a breach by the RJH Fitness Society shall be cancellation of this Agreement, and in no event shall the RJH Fitness Society be liable for consequential damages. If any term of this Agreement is invalid, in whole or part, the validity of any of the other terms of this Agreement shall not in any way be affected.
The failure of any party to this Agreement to insist upon strict performance of any provisions herein, or to exercise any option or right conferred in this Agreement, shall not be construed to be a waiver or relinquishment of any such options or right or of any other covenants or agreement, but the same shall remain in full force and effect.
As a Member of the RJH Fitness Society (RJHFS), you will have access to the Fitness Centre, and change rooms in the PCC on the Royal Jubilee Hospital site. The Society is responsible for operating the facility, and creating a culture of health for the RJH workplace community. By purchasing a Membership in the Society, you acquire voting rights at the Annual General Meeting. The Vancouver Island Health Authority (“Island Health”) Public Website has a page with the Society’s Mission, Constitution and Bylaws.
Neither Island Health nor the RJH Fitness Society assumes any liability whatsoever in connection with this Membership. All use of the Fitness Centre shall be undertaken by a Member at his/her sole risk and the RJH Fitness Society or Island Health shall not be liable for any injuries or any damage to any Member or property or be subject to any claim, demand, injury or damages whatsoever, including, without limitation, those damages resulting from acts of active or passive negligence on the part of the Fitness Centre, its directors, agents or employees. The Member for himself/herself and on behalf of his/her executors, administrators, assigns and successors, does hereby expressly forever release and discharge the RJH Fitness Society or Island Health, its successors and assigns, as well as its officers, employees and agents from all such claims, demands, injuries, damages-actions or causes of action.
Further the Member shall indemnify and save harmless the RJH Fitness Society and Island Health, its agents or employees from all suits, actions or claims brought or made for injuries or damages received or sustained by a Member, of the Fitness Centre to utilize the facilities. The RJH Fitness Society and Island Health shall not be responsible or liable for loss or damage to any other property of Members.
To the extent permitted by law, the RJH Fitness Society and Island Health shall not be liable or responsible for the Member for any direct, indirect, or consequential injury, loss or damage to the Member or the property of the Member whatsoever and howsoever arising.
FAILURE TO COMPLY:
The RJH Fitness Society reserves the right to suspend or terminate at any time, the Membership of any person for failure to comply with any provision of this Agreement or any rule established by the RJH Fitness Society or for conduct determined by the RJH Fitness Society to be improper or contrary to the best interest of other members of the Fitness Centre. Such suspension or termination is effective by notification in writing forwarded by prepaid mail to the last known address of the subject Member as shown by the records held by the RJH Fitness Society. Upon suspension or termination the subject Member must relinquish his/her Membership to the RJH Fitness Society. At the discretion of the RJH Fitness Society, the Membership of any Member who is in arrears in his/her account to the RJH Fitness Society may be suspended or terminated. The RJHFS Membership payment of $144.00 is annual and non-refundable.
RJHFS Membership is non-transferable to another person or service. Maximum membership for the RJH Fitness Centre is 500 members. 60 members maximum are allowed in this space at one time by Fire Marshal regulations, but it will comfortably hold approximately 15.
You, the Member, acknowledge that you have received and have carefully read this Agreement, and completed the Assumption of Risk and Informed Consent, Release of Liability and Failure to Comply.
RJH Fitness Centre Rules and Regulations:
**Working out in the RJH Fitness Centre is at the Member’s own risk**
Members only allowed in gym. Non-members are not permitted at any time – even if they are not working out. RJHFS memberships are non-transferable.
No Food and Beverages (other than water) permitted. Help us keep our gym clean and free from crumbs!
Phone Calls (even using Bluetooth) are not permitted in the gym. Please step outside if you need to make or receive a call.
Return and wipe down equipment after each use.
Dress appropriately: closed toe shoes and exercise appropriate clothing only. No scrubs or work clothes please.
Use equipment properly and safely: there are posted instructions to help you.
Dropping/Slamming weights is prohibited. Use spotters when necessary.
Violation of RJH Fitness Society Rules, Policies and Bylaws or other inappropriate behavior may lead to removal from the RJH Fitness Centre and/or suspension of RJH Fitness Centre privileges.
Have Fun and Enjoy Your Workout!