Why You’re Reading This Document
The purpose of this release and waiver (the “Waiver”) is to openly communicate the risks associated with our services and have you release Yvette Raposo of any liability. Please be aware that if you do not sign this Waiver and agree to its terms, you will not be able to benefit from Yvette Raposo’s services.
If you are under the Age of Majority in the Province of Ontario (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 AGREEMENT.
1. Parties. We will refer to Yvette Raposo, a Sole Proprietorship based in the Province of Ontario as “Yvette Raposo”, “us” or “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 Services. While with us at Yvette Raposo, you may receive the following empowering and holistic services and more:
private training and personal coaching using neuro-linguistic programming (NLP) techniques (the “Services”) as delivered in the online “Reset with Yvette” program.
Private training may involve but are not limited to the following: strength, fitness and boxing training, core exercises, high intensity exercises, flexibility training, body weight exercises, locomotor movements, stretching and resistance exercises, strength exercises, mobility, range of motion exercises, breathing exercises, hitting the heavy bag, jumping rope. This may involve receiving adjustments and hands-on assists, so please advise in advance if you do not want adjustments.
The Services also apply to any of the Services made available for online streaming and participation or that take place outside of Yvette Raposo’s facilities, including outdoors or at your home.
3. Equipment. In the course of the Services, you may use a variety of equipment, including but not limited to: free weights, barbells, treadmills, heavy bags and boxing gloves, resistance bands, dumbbells, kettlebells, fitness balls, pull-up frame, TRX, medicine balls, and elliptical machine (the “Equipment”). Please do not use any equipment not instructed by Yvette Raposo.
4. Inherent Risks. You understand that receiving the Services poses inherent risks and potential side effects, some more obvious/serious than others. These risks can result in serious harm and injuries that could change your quality of life, so we want you to be aware of them beforehand:
Potential side effects and injuries of private training include but are not limited to things like: 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 and fainting.
Potential side effects and injuries of personal coaching include but are not limited to things like: emotional, psychological and physiological changes, distress, disorientation related to changes in lifestyle, confronting difficult issues, personal challenges, and suppressed feelings or thoughts.
Exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and use of shared space, surfaces, or equipment.
There are additional risks posed by receiving the Services outside of Yvette Raposo’s facilities, as this is a different environment. You acknowledge that where you agree to receive the Services outside of Yvette Raposo’s facilities you accept the increased and additional risks that come with this setting.
There may be other reasonable risks posed for Services performed outdoors, such as sun exposure and risk of dehydration, insects, exposure to infections, diseases, pollutants as well as other environmental factors. You understand and agree that Yvette Raposo is not responsible for any injuries caused as a result of performing the Services outdoors.
If you are pregnant or recently gave birth, there are additional risks to your body and to the health of your fetus, including but not limited to pregnancy loss, low birth weight, early delivery and postpartum complications.
5. Affirmation of Health. By agreeing to receive the Services, you affirm that you have sought medical advice and consulted with your primary care physician to determine that these are the right treatments for you and do not pose a significantly increased risk to your health. If you have any pre-existing medical conditions, physical injuries, weakness, are pregnant or post-natal, you should consult with your doctor first before engaging with the Services and you must fully inform us about any such conditions before participation. Please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Services.
6. COVID-19 / Infectious Disease. Amidst the current developments surrounding communicable diseases, you acknowledge that every time you come to Yvette Raposo to receive the Services you are affirming that you are healthy and that you do not present an increased risk due to COVID-19 or other infectious diseases. If at any point within 14 days prior to receiving the Services, 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 visit our business or seek our Services and you should consult with your doctor. You agree to update us regarding your health or risk factor and to comply with all measures and policies implemented by Yvette Raposo and applicable public health guidelines (federal, state/provincial, local, CDC and others) as updated, including but not limited to wearing masks, personal hygiene and social distancing, and taking your temperature or allowing it to be checked before entering Yvette Raposo’s place of business. We are all in this together and it is important to follow guidelines, act responsibly and with care towards one another in order to ensure everyone’s safety!
Consent to Cooperate with Contact Tracing. You understand and agree that Yvette Raposo 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.
7. Medical Disclaimer. You fully understand that Yvette Raposo is not a medical or healthcare professional and that the Services and any information, consultation or facilitation provided by Yvette Raposo does not constitute medical treatment or advice. You acknowledge and agree that your use of any dietary, lifestyle, fitness or wellness recommendations information is completely voluntary and you are solely responsible for freely choosing to implement them. Regarding any physical or mental health problems, ailments, conditions, eating disorders, or other diseases, you are now being advised that it is your responsibility to obtain competent medical advice from a licensed medical or mental health professional. You understand and agree that any service rendered by Yvette Raposo is not designed to cure or prevent any disease, pain, deformity, injury, mental or physical condition of any kind.
8. Voluntary Assumption of Risk. You have read this Waiver and understand the risks of receiving the Services provided by Yvette Raposo. Your signature below, electronic signature or clicking 'I Agree’, and your acceptance of the Services Yvette Raposo illustrates your voluntary engagement and assumption of the risks of the Services.
9. Media Release. We think you’re awesome and want to show you off! By signing this Waiver, you agree to grant us the irrevocable right to use your image, likeness, photos, video content, and audio recordings captured of you at our facilities, during the Services 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.
10. Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against Yvette Raposo, its members, directors, officers, contractors, employees, volunteers, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) from any liability and damages arising from death or personal injuries, including the contraction of COVID-19 or other communicable diseases, however caused including as a result of Yvette Raposo’s negligence, during the Services at Yvette Raposo. 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 undertaking of the Services. 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.
11. Continued Agreement. Agreement to this Waiver will act as your continued agreement to all ensuing treatments, workshops and Services whether in person (inside or outside), online, or via video conferencing tool.
12. Valuables. You agree that we are not responsible for the loss or damage of any personal property you bring or leave at Yvette Raposo.
13. General Legal Provisions. Jurisdiction. This Waiver will be governed exclusively by the laws of the Province of Ontario. 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 Agreement 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 the Agreement.
You agree that you have read this Waiver and fully understand its contents and voluntarily agree to be bound to all of its terms.