Waiver

WAIVER AGREEMENT

Your recognition and acceptance of the risks and hazards of working on a farm/ranch.

Why You’re Reading This Document

The purpose of this release and waiver (the “Waiver”) is to openly communicate the risks of working on a farm/ranch together, and to have you release Rough Canyon Ranch, John Tai and Allison Tai of all and any liability. Please be aware that if you do not sign this Waiver and agree to its terms, you will not be permitted to participate in any farm/ranch activities, or access to or use of Rough Canyon Ranch property. 

If you are under the Age of Majority in the Province of British Columbia (18 years old), your legal guardian must also sign this Waiver on your behalf. 

PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. MAKE SURE YOU UNDERSTAND THIS WAIVER.  BY SIGNING THIS YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WAIVER.

  1. Parties. We will refer to Rough Canyon Ranch, John Tai and Allsion Tai, a partnership based in the Province of British Columbia, as “Rough Canyon Ranch”, “us”, “we”, or “our”, and we’ll refer to you, the undersigned (electronically or by hand) or person who has clicked “I Agree” to this Waiver, as “you” or “your”.
  2. The Activities. You may participate in fitness and exercise classes, sessions, workshops, events, obstacle courses, gardening, shovelling and digging, do it yourself construction projects, stacking wood, pruning and limbing trees and more with Rough Canyon Ranch. You may choose to use power equipment, gas and electric tools, axes and other sharp and heavy tools at your own discretion and risk. We offer levels of nature-based and fun fitness classes, farm/ranch projects all of which may involve but are not limited to the following (“Activities”):
    1. Permaculture and gardening, woodworking, mechanical and machine engine maintenance, arborist work, trail maintenance.
    2. Strength and fitness training, core exercises, high intensity exercises, flexibility training, body weight exercises, locomotor movements, stretching and resistance exercises, strength exercises, mobility, range of motion exercises, heavy lifting, climbing, and breathing exercises. 
    3. The constant in all of these classes is that the Activities involve moving in full ranges of motion, strength training, and postural training. The Activities may involve receiving adjustments from instructors, so please advise in advance if you do not want adjustments. 
    4. The Activities also apply to any events and classes made available for online streaming and participation, both live or recorded, or that take place outside of Rough Canyon Ranch facilities, including outdoors. We need you to acknowledge that you are responsible for the safe facilitation of the Activities happening outside of our facilities. 
  3. Equipment. In the course of the Activities, you will use a variety of equipment, which may include but is not limited to: free weights, barbell, treadmills, resistance bands, dumbbells, kettlebells, fitness balls, pull-up frame, TRX, medicine balls, spears, archery, gardening, mountain and spin bikes, rowing machine, obstacles, ropes, rock-climbing walls, and fitness and sporting equipment as well as farm/ranch equipment such as saws, shovels, hammers, tractors, knives, drills and others (the “Equipment”). Please do not use any equipment not instructed by Rough Canyon Ranch or which you do not feel safe or comfortable using.
  4. Inherent Risks. You understand that participating in the Activities poses inherent risks, some more obvious or serious than others. These risks can result in serious harm and injuries that could change your quality of life and, in very rare and extreme circumstances, may even result in death. 
    • 4.1 Injuries include but are not limited to things like muscle tears, strains, rhabdomyolysis and other musculoskeletal injuries, sprains, fractures, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness, fainting, and hearing loss. 
    • 4.2 Exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and use of shared space, surfaces, or Equipment. 
    • 4.3 Additional risks of Activities for pregnant or post-natal women to the health of your fetus and your body, including but not limited to pregnancy loss, low birth weight, early delivery and postpartum complications.
    • 4.4 Additional risks posed by participating in the Activities online, as there is no in-person supervision or space provided for you, and you will therefore need to ensure the safety of the Activities, using your judgment on how to best practice them, not pushing yourself too far or attempting anything you feel unsure how to perform.
    • 4.5 Other risks posed for Activities performed outdoors, such as tripping or collision with human or natural elements, getting lost in the trails, sun exposure, dehydration, insects, exposure to infections, diseases, pollutants and other environmental factors. You understand and agree it is your responsibility to ensure a safe space and environment to perform the Activities. 
    • 4.6 During your time at Rough Canyon Ranch, you may be interacting with animals under supervision, or without supervision if expressly agreed upon with Grit Farm Fitness. You acknowledge that interacting with live animals comes with its own risks and you accept those risks. 
    • 4.7 It is your responsibility to assess the safety of the Activities, specifically the obstacle course, and to assess the safety of the obstacle course as well as your own competencies and abilities. If something doesn’t seem safe, abandon the Activities and notify the facilitator.
  1. Affirmation of Health. By participating in any Activities with Rough Canyon Ranch, you affirm that you have sought medical advice regarding your fitness or are certain of your ability to engage in fitness related activities. If you have any pre-existing medical conditions (e.g. asthma, diabetes, heart disease), physical injuries, weakness, are pregnant, post-natal or post-surgery, you should consult with your doctor first before engaging in the Activities. Please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Activities. Please note that medical costs and evacuation costs are your responsibility and you will bear the cost.
  2. COVID-19 & Infectious Disease. If at any point within 14 days prior to participating in any of the Activities, you have suffered from symptoms of a communicable disease (including but not limited to fever, chills, cough, shortness of breath, or sore throat), been in close contact with someone with a known or suspected case or in a hot spot area, or else are uncertain of your health or risk of transmission, you agree not to join or participate in the Activities and you should consult with your doctor. You agree to comply with all measures and policies implemented by Rough Canyon Ranch and applicable public health guidelines as updated, including but not limited to wearing masks, personal hygiene and social distancing, and allowing your temperature to be checked before arriving to class.
    1. Consent to Cooperate with Contact Tracing. You understand and agree that Rough Canyon Ranch may disclose your personal information to the relevant authorities as required by law and policies related to the containment of COVID-19 through contact tracing or for other lawful purposes. 
  3. Voluntary Assumption of Risk. You have read this Waiver and understand the risks of participating in the Activities with Rough Canyon Ranch. Your signature below, electronic signature or clicking ‘I Agree’, and your participation in the classes with Rough Canyon Ranch illustrates your voluntary engagement and assumption of the risks of the Activities.   
  4. Legal Entry and Health Insurance. Upon visiting Rough Canyon Ranch you verify you have obtained your necessary visa for legal entry into Canada and have personal travel and medical health insurance. You will declare your status in Canada and specify the purpose and dates of travel. You declare you are in a good state of health and do not have any medical conditions that preclude you for farm/ranch activities and that you will make known of any limitations that may hinder you from doing or would put you at risk when doing activities that may be offered to you.
  5. Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against Rough Canyon Ranch its members, directors, officers, contractors, employees, volunteers, agents, executors, administrators, successors, family members and assigns, and any landlords, hosts, or owners of the property and Equipment (the “Released Parties”) from any liability and damages arising from death or personal injuries, including the contraction of COVID-19 or other communicable diseases or related to premises liability, however caused including as a result of Rough Canyon Ranch’s negligence, during your participation in the Activities with Rough Canyon Ranch. You are releasing the Released Parties at your own risk and you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your participation in the Activities. You agree that these provisions above apply to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.
  6. Media Release. We think you’re awesome and want to show you off! By participating in the Activities at Rough Canyon Ranch, you agree to grant us the irrevocable right to use your image, likeness, photos, video content, audio recordings captured of you on the premises or that you share with us online (via your own or others posting of you) as part of our online streaming, marketing and sales throughout the world and in perpetuity. You also release us from all claims you may have relating to such use. Please let us know if you ever want us to stop using an image of you.
  7. Continued Agreement. Agreement to this Waiver will act as your continued agreement to all ensuing classes, sessions and workshops whether in person, online, or via video conferencing tool. 
  8. Valuables. You agree that we are not responsible for the loss or damage of any personal property you bring or leave with Rough Canyon Ranch. 
  9. General Legal Provisions. Choice of Laws and Venue. This Waiver will be governed exclusively by the laws of the Province of British Columbia. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the Province of British Columbia. Severability. If any provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Headings. The headings used in this Waiver are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Online Agreement. We agree that this Waiver may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as signing by hand and the intention of which is that both parties desire to be bound by all the terms of this Waiver. 

You agree that you have read this Waiver and fully understand its contents and voluntarily agree to be bound to all of its terms. 

Printed name

_________________________________________________________________________

Signature ___________________________________________ Date ___________________________


Signature of parent or guardian if the participant is a minor

_______________________________________________

Thank you for communicating honestly with us. We look forward to welcoming you at Rough Canyon Ranch!  

The health benefits of regular physical activity are clear; more people should engage in physical activity every day of the week. Participating in physical activity is very safe for MOST people. This questionnaire will tell you whether it is necessary for you to seek further advice from your doctor OR a qualified exercise professional before becoming more physically active. 

I ___________________________________________________________________ acknowledge and confirm have medical travel insurance 

with __________________________________________  from date of

___________________________ to ________________________________

and agree to waive Rough Canyon Ranch, John Tai and Allison Tai any and all responsibilities in regards to my medical needs. 

 Signature: ____________________________________________________