ESSENTRICS Studio® at Honeyrose Hotel
Acknowledgment, Release and Discharge
(“ESSENTRICS Studio® Waiver and Release”)
The terms and conditions of this ESSENTRICS Studio® Waiver and Release form an integral part of the registration process to ESSENTRICS Studio® MTL Honeyrose Hotel (“ESSENTRICS Studio®”). They govern your access to and use of our ESSENTRICS Studio® facilities, classes, programs, and any related services (collectively referred to as the “Services"), in addition to the ESSENTRICS Studio® Terms of Use, the ESSENTRICS Studio® General Terms and Conditions, and ESSENTRICS Studio® Privacy Policy https://essentrics.com/privacy-policy/
This ESSENTRICS Studio® Waiver and Release constitutes a legal agreement between you and 6228755 CANADA INC d/b/a The Esmonde Technique (“The Esmonde Technique”). Please read it carefully. If you do not accept this ESSENTRICS Studio® Waiver and Release, please do not attend an exercise or workshop offered by ESSENTRICS Studio®.
In consideration of being allowed to participate in the classes or workshops offered by ESSENTRICS Studio®, I am indicating that I have fully read and agree to the terms and conditions below. For good and valuable consideration, including for and in consideration of The Esmonde Technique permitting me to enroll and participate in the Services and in one or more sessions, classes, programs or packages offered by ESSENTRICS Studio® (together, the "Sessions"), and in recognition of the possible risks to which I voluntarily subject myself in participating in any Session and related activities, I, THE UNDERSIGNED (“me”, "my", “myself”, “I”), HEREBY AGREE AS FOLLOWS:
Assumption of risks. I hereby acknowledge and fully understand the inherent risks of engaging in the Services and Session(s) and that such activities require physical efforts and exertion. I acknowledge and fully understand that I knowingly, freely, and voluntarily participate in the Services and Session(s), entirely at my own risk. If I am injured, I voluntarily agree to assume any financial obligation, either through personal health insurance, or through some other means, for any medical costs which I incur.
Physical Condition. I represent and warrant that I am in good physical health and have no medical condition that would prevent me from participating in the Services. I acknowledge that it is my responsibility to consult with a physician prior to commencing any Session if I have any concerns about my health or ability to participate. To this point, I will inform the instructor of any specific physical condition that I may have.
Release of Liability and Waiver of Claims. THE LAWS OF SOME JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF STATUTORY WARRANTIES, LIABILITY OR CERTAIN DAMAGES AND/OR REPRESENTATIONS AND WARRANTIES WITH RESPECT TO PRODUCTS AND/OR SERVICES. IF SUCH LAWS APPLY TO ME, I UNDERSTAND THAT ALL OF THE FOLLOWING EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO ME. I hereby undertake and agree, for myself and my personal representatives, executors, liquidators, administrators, heirs, next of kin, successors and assigns, and anyone else who might sue on my behalf (collectively, “Releasor Parties”), to release, indemnify, hold harmless and discharge The Esmonde Technique and 9346-9757 Québec inc d/b/a Honeyrose Hotel, and their respective parents, subsidiaries, stockholders, partners and other affiliates and related persons or entities, and each of their officer, director, employee, volunteer, class organizer, teacher, representative and agent, and all of the foregoing’s respective successors and assigns (collectively, “Releasees”), from and against any and all liabilities, responsibility, losses, damages, costs, expenses (including reasonable attorney’s fees and expenses), causes of action, suits and claims of any nature whatsoever (“Liabilities”) which I or any other Releasor Party had, now have, or hereafter may have, by reason of any matter directly or indirectly arising out of or connected in any way with the Services and any Session(s), my participation in the Services and any Session(s) and/or use of any facilities or services, including, without limitation, those arising from, directly or indirectly, based upon or relating to bodily injury or death, or damage to me or loss of my property, sustained in connection with my participation in any the Services and Session(s) or use of the facilities and services, unless caused by the gross negligence or intentional fault of the relevant Releasees. Without limiting the foregoing, I, on my behalf and on behalf of the Releasor Parties, covenant and agree to waive and not to institute legal proceedings against any Releasees for any of the Liabilities that I have released and discharged herein.
Authorization and Photography/Footage/Digital content Release and Waiver. I hereby grant The Esmonde Technique, the Releasees and their designees the unrestricted, irrevocable, royalty-free right and license to use, fix, reproduce, publish, display, perform, modify, edit, synchronize, communicate, broadcast, reuse any photographs/audiovisual recordings/digital content taken at the ESSENTRICS Studio®, alone or with other material, in all markets, media and format now known or hereafter devised. In connection with the foregoing, I hereby consents and authorizes The Esmonde Technique, the Releasees and their designees to use or authorize the use of my name, image/likeness, photograph, picture, voice, performance, and/or any other identification for any purpose in connection with the ESSENTRICS Studio® or The Esmonde Technique goods and services, the Services and Session(s), including use in any marketing materials produced, use on our web sites, social media or other electronic forms of media, without limitation of time, media, market, territory or other restrictions. By agreeing to this ESSENTRICS Studio® Waiver and Release, I confirm that I waive any right to inspect or approve the finished photographs/footage/digital content or printed or electronic matter that may be used in conjunction with them now or in the future, whether that use is known to me or unknown, and I waive any right to royalties or other compensation arising from or related to the use of the photographs, footage and digital content.
General.
Severability. If any portion of this ESSENTRICS Studio® Waiver and Release shall be held invalid or unenforceable, the remaining portion hereof shall not be affected thereby and shall remain in full force and effect.
Declaration. I hereby acknowledge and declare that I am 18 years old or older, that I have had full opportunity to ask any questions regarding the ESSENTRICS Studio® that I may have and that I have been given an opportunity to review this ESSENTRICS Studio® Waiver and Release with anyone I choose.
Governing Law and Jurisdiction. This ESSENTRICS Studio® Waiver and Release shall be governed by and construed in accordance with the laws of the Province of Quebec. Any disputes arising out of or in connection with this ESSENTRICS Studio® Waiver and Release shall be subject to the exclusive jurisdiction of the courts of the district of Montreal, Quebec.
By participating in the classes or workshops offered at ESSENTRICS Studio®, I acknowledge that I have read this ESSENTRICS Studio® Waiver and Release, fully understand its terms, and voluntarily agree to be bound by its provisions. I acknowledge that I am signing this ESSENTRICS Studio® Waiver and Release freely and voluntarily, and that it is binding upon me, my heirs, executors, administrators, and assigns.
If you have any questions or concerns about these Terms of Use, please contact us at info@essentrics.com