Assumption of Risk, Waiver of Liability, and Release

In consideration of being permitted to participate in or engage in exercise activities, fitness services, classes, events, and other programs, and to enter and use the premises, facilities, and equipment (whether individually or collectively, the “Classes and Facilities”) of RSVP 33 Athletics Inc., doing business as Formation Studio (“Formation Studio”), you acknowledge and agree as follows, on behalf of yourself and, where applicable, your heirs, personal representatives, assigns, and next of kin:

1. Acknowledgement and Assumption of Risk

You acknowledge that participation in dance, fitness, and exercise activities involves inherent risks, dangers, and hazards that may result in personal injury, illness, property damage, or death. These risks include, but are not limited to, slips, falls, collisions, overexertion, improper form, equipment failure, and injuries related to physical exertion.

You understand and acknowledge that some risks cannot be eliminated, regardless of the care taken to avoid injury. You further acknowledge that fitness and exercise activities involve inherent dangers that no amount of care, caution, instruction, supervision, or expertise can eliminate.

Specific risks associated with strenuous physical activity include, without limitation, abnormal blood pressure, abnormal heart rate, dizziness, fainting, shortness of breath, musculoskeletal injury, and heart attack. You further acknowledge that unforeseeable accidents may occur and that equipment may malfunction, be defective, or fail.

You freely and voluntarily assume all such risks, whether known or unknown, arising from your participation in the Classes and Facilities.

2. Compliance With Studio Rules and Safety Instructions

You agree to comply at all times with all posted rules, safety guidelines, signage, and verbal instructions provided by Formation Studio staff. If, in the sole and subjective opinion of Formation Studio staff, your participation in any Class or use of the Facilities may pose a risk to your health or safety, Formation Studio reserves the right to deny, suspend, or terminate your participation unless and until you provide, at your own cost and expense, written medical clearance from a licensed medical professional addressing Formation Studio’s concerns.

3. Release and Waiver of Liability

To the maximum extent permitted by law, you hereby RELEASE, WAIVE, DISCHARGE, AND HOLD HARMLESS RSVP 33 Athletics Inc. (Formation Studio), and its officers, directors, shareholders, employees, instructors, contractors, volunteers, agents, insurers, landlords, licensors, equipment manufacturers, designers, installers, and all other persons or entities acting in any capacity on its behalf (collectively, the “Releasees”) from any and all claims, demands, causes of action, damages, losses, liabilities, costs, or expenses, whether known or unknown, arising out of or related to your participation in the Classes and Facilities.

This release includes, without limitation, claims arising from the negligence of the Releasees, except where such release is prohibited by applicable law.

4. Indemnification

You agree to indemnify and hold harmless the Releasees from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to your participation in the Classes and Facilities or your breach of these Terms and Conditions.

5. Health Representations

By participating, you represent and warrant that:

a) you have no medical, physical, or mental condition that would prevent safe participation in the Classes and Facilities;
b) you are not aware of any condition that would place you or others at risk; and
c) you have not been advised by a physician or other qualified healthcare professional to refrain from physical activity.

You acknowledge that if you have any chronic conditions, injuries, or disabilities, you are at increased risk and choose to participate entirely at your own discretion and responsibility.

6. Minors

If the participant is under the age of eighteen (18), the parent or legal guardian accepts and assumes full responsibility and liability on behalf of the minor and agrees to all terms of this agreement.

7. Applicability to Future Visits

This agreement applies to all current and future visits, bookings, and participation at Formation Studio unless and until it is revoked by you in writing and acknowledged in writing by Formation Studio.

8. Governing Law and Jurisdiction

This agreement shall be governed by and interpreted in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein.

9. Severability

If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

10. Acknowledgement and Acceptance

You acknowledge that you have carefully read and fully understand this agreement, understand that you are giving up substantial legal rights, including the right to sue, and agree that your acceptance is voluntary, informed, binding, and intended to be a complete and unconditional release of liability to the greatest extent permitted by law.

MARKETING & MEDIA CONSENT

You acknowledge and agree that RSVP 33 Athletics Inc. (Formation Studio) may capture and use your image, likeness, voice, and/or video in photographs or recordings taken during classes, events, or activities for marketing, promotional, educational, and commercial purposes, including use on websites, social media platforms, advertisements, and other media, without compensation.

You may withdraw consent for future use by providing written notice; however, such withdrawal will not affect materials already published or in circulation.

PRIVACY POLICY

1. General

RSVP 33 Athletics Inc. (“we,” “us,” or “our”) is committed to protecting your privacy and personal information. This Privacy Policy explains how personal information is collected, used, stored, and protected when you interact with our website and services. This Privacy Policy forms part of and complements our Terms and Conditions available at www.theformationstudio.com

2. Personal Information Collected

We may collect the following personal information:

• First and last name

• Mailing address and postal code

• Email address

• Phone number

• Payment and billing information

• Gender

• Date of birth or age

3. Methods of Collection

Personal information may be collected through:

• Website registration and booking forms

• Purchases and order forms

• Surveys, contests, or promotions

• Direct communication with us

4. Use of Personal Information

Personal information is collected and used for the following purposes:

• Account creation and management

• Class bookings and payments

• Customer service and communication

• Marketing and promotional communications

• Website functionality and analytics

• Legal, regulatory, and administrative purposes

5. Cookies and Tracking Technologies

We use cookies and log files to enhance website functionality, analyze traffic, and personalize user experience. Information collected may include IP address, browser type, operating system, pages visited, and date and time of access. Third-party platforms, including embedded social media features, may also collect information in accordance with their own privacy policies. You may disable cookies through your browser settings; however, some website features may not function properly as a result.

6. Sharing of Personal Information

Personal information is not sold. It may be shared only with trusted service providers where necessary to operate our business, process payments, manage bookings, or comply with legal obligations.

7. Retention of Personal Information

Personal information is retained for a period of up to five (5) years, unless a longer retention period is required or permitted by law.

8. Your Rights

You have the right to:

• Access your personal information

• Request corrections or updates

• Withdraw consent to marketing communications

• Request deletion of personal information, subject to legal and contractual obligations

Requests may be made by contacting Formation Studio directly.

9. Security Measures

We use reasonable administrative, technical, and physical safeguards, including SSL encryption, to protect your personal information. While we strive to protect your information, no method of transmission over the Internet is completely secure.

10. Changes to This Privacy Policy

We reserve the right to modify this Privacy Policy at any time. Changes will be posted on our website, and continued use of our services constitutes acceptance of the updated policy.

11. Acceptance of Privacy Policy

By using our website or services, you acknowledge that you have read, understood, and accepted this Privacy Policy.

12. Applicable Law

This Privacy Policy complies with applicable Canadian privacy legislation, including:

• Personal Information Protection and Electronic Documents Act (PIPEDA)

• Act Respecting the Protection of Personal Information in the Private Sector (Québec)