RELEASE OF LIABILITY, WAIVER OF CLAIMS AND ASSUMPTION OF RISK

Day Pass waiver

(Non-Members)

TO:
Altea Active Club Inc., Altea Operations Holdings Inc., Altea NYX Liberty Village LP. (the “Companies”) and their respective affiliates, shareholders, directors, officers, employees, contractors and agents as well as the landlords of their respective premises and in turn, their respective representatives (collectively, the “Releasees”)

I AM SIGNING ON MY OWN BEHALF

In consideration for the Companies allowing myself to attend its indoor wall climbing, ninja course, and/or skating pad, and/or studio fitness/aquatics facilities (the “Facilities”) and to participate in and/or observe the activities available at such Facilities including, but not limited to, climbing walls, rope climbing, bouldering, lead climbing, obstacle courses, parkour, tumbling and skating, studio fitness, swimming/aquatics exercise (collectively, the “Activities”) and for other good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge, I, on my behalf and our respective heirs, executors, administrators, personal legal representatives, assigns and next of kin (collectively, our “Legal Representatives”), covenant and agree as follows:

ACKNOWLEDGMENT OF RISKS (including Children Under 12):
I understand that there are significant risks and dangers, both known and unknown, in participating in and/or observing the Activities and that the said risks and dangers may be affected by a number of factors including, but not limited to: a participant’s physical strength, coordination or sense of balance; his or her experience and training climbing; the experience, training and judgment of his or her belayer (which is an individual who secures a climber through the use of a climbing rope so that a falling climber does not fall very far); acting within one’s own ability; the proximity of medical care; compliance with the rules and regulations of the Facilities (the “Rules”); compliance with the instructions of the Companies’ employees; and the negligence or intentional acts or omissions of others including, but not limited to, other participants, observers or any of the Releasees. I confirm that I have reviewed such risks and dangers with my Child.

I AGREE

I acknowledge that such risks and dangers may cause serious injury, illness (including COVID-19) or even death and that personal property which I bring to the Facilities can be lost, stolen or damaged and that the foregoing can occur by accident, through negligence or even intentionally.

ASSUMPTION OF RISK AND RESPONSIBILITY
My attendance at the Facilities and participation in and/or observance of the Activities is voluntary and I fully assume the risk of any personal injury, illness (including COVID-19) or death occurring to myself and the risk that any personal property belonging to myself is lost, stolen or damaged even if such injury, illness (including COVID-19), death, loss or damage is caused by the negligence or willful acts or omissions of any of the Releasees or any other person and whether same occurs while participating in or observing the Activities or in any other area of the Facilities (such as the entrances, exits or washrooms) or outside of the Facilities (such as on the sidewalks or parking areas).

WAIVER AND RELEASE

I hereby waive all rights to make or bring any claims, demands, actions, suits or proceedings (collectively, “Claims”) which I, or my Legal Representatives have or may in the future have against the Releasees (or any of them) and hereby release and forever discharge the Releasees (and each of them) from any and all Claims and liability for or in respect of any illness (including COVID-19), injury, death, property damage, loss, cost or expense suffered or incurred as a result of or related to myself participating in or observing the Activities or attending at the Facilities, due to any cause whatsoever including, but not limited to, negligence, wilful acts or omissions, breach of contract or breach of any statutory or other duty of care by any of the Releasees or any other person.

INDEMNITY
In the event that: (a) I cause or contribute in any way to the illness (including COVID-19), injury or death of any person who is at the Facilities or to the damage or loss of any property at the Facilities, and/or (b) any Claims are made or brought against the Releasees (or any of them) in connection with any matter hereinbefore released, I shall indemnify and hold harmless the Releasees (and each of them) from and against any and all resulting or related Claims, liabilities, judgements, costs and/or expenses (including lawyer’s fees and disbursements).

HEALTH AND SAFETY MATTERS
I represent that neither myself nor my immediate family have any illnesses, disabilities or other conditions that prevents either of us from safely participating in the Activities. If any such conditions arise in the future, I will consult with a physician before my Child or I participate in any Activities. I confirm that I will not participate in any Activities or attend at the Facilities if there is any reason under applicable public health guidelines or under applicable law which would require us to self-isolate or quarantine due to COVID-19 or risk of COVID-19.  I acknowledge that the Rules have been designed in part to create a safe environment for participants and observers of the Activities. I promise that I will abide by such Rules at all times while at the Facilities and understand that the Companies have the right to suspend our participation in the Activities if it deems necessary.

GENERAL

This Release and Waiver shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein (but without giving effect to any conflict of laws rules).

If any portion of this Release and Waiver is found to be illegal, invalid or unenforceable, the remaining portions shall remain in full force and effect. In this Release and Waiver, headings are for convenience of reference only and are not intended to be full or complete descriptions and words in the singular shall include the plural and vice versa. This Release and Waiver shall be binding upon myself, my Child and our Legal Representatives. This Release and Waiver shall apply to all visits to the Facilities and hereby give permission for my child to return to the Facilities for subsequent visits.