Squamish's newest coffee shop, smoothie bar and fitness studio! Pronounced 'philly' we are on the mission to bring our funkiest selves to the table to move, gather and grow. In our 3-in-1 space we house a lively Squamish fitness classes paired with nourishing coffees and smoothies. Now that's funky.
Waiver of Liability and Release
Waiver of Liability and Release
The following Waiver currently applies to our FILI Studio Classes, FILI Events and FILI Run Club (please see separate section) and is subject to change.
I acknowledge that the activities and services provided by FILI Coffee
Space Inc, and/or FILI Space (collectively, the “Company”), and all other
persons acting in any capacity on behalf of the Company or retained by
the Company (collectively, the “Services”), involve physical exercise
and/or dietary modifications that can be strenuous and may cause
bodily injury. I understand that there is an inherent risk of bodily injury
when choosing to participate in any physical exercise, sport, wellness,
nutritional and/or recreational activities, including the Services. My
participation in the Services is a voluntary activity in all respects and I
assume all risks of bodily injury and illness that may result from the
Services.
In consideration of the Company, and all other persons acting in any
capacity on behalf of the Company in providing the Services, along with
the owner or owners of the premises in which the Services are provided,
their respective insurers, heirs, personal representatives, successors and
assigns, (collectively, the “Released Parties”), I hereby waive, to the
fullest extent permitted by law and on behalf of myself, my children, my
heirs, my assigns, personal representatives and all other persons acting
on my behalf, the right to bring any suit, action or claim of any kind
against any Released Party as a result of my participation in the
Services and hereby release and discharge, to the fullest extent
permitted by law and on behalf of myself, my children, my heirs, my
assigns, personal representatives and all other persons acting on my
behalf, the Released Parties, in any capacity, as follows: from any and all
liability, claims and causes of action of any nature whatsoever arising
from bodily injuries or illness (including emotional and psychological
injuries or illness, and death), and damages (both economic and non-
economic) or losses of any kind which I may have or which may accrue to me on account of my participation in the Services, regardless of whether such injuries result, in whole or in part, from the negligence of any Released Party.
I further agree to indemnify and hold harmless and defend the Released
Parties from any and all liabilities, claims and causes of action of any
nature whatsoever resulting from injuries or illness, damages (both
economic and non-economic) or loss, including attorney fees, sustained
by me arising out of or in connection with or in any way associated with
my participation in the Services or resulting from my breach of any of
the terms of this document.
I acknowledge that I have been advised to consult with my physician
before I undertake any physical activity or nutritional or exercise
program, including the Services. I certify that I am in good health and
sufficient physical condition to participate in the Services. I further
acknowledge that the Released Parties are neither responsible for nor
liable for any loss of or theft of any personal property brought by me to
or left by me at any Service provided by the Company and I hereby
release the Released Parties from any liability for such loss or theft.
I acknowledge that none of the Released Parties has represented to me
or provided me with any assurance of any kind that my participation in
the Services will result in any particular physical, psychological or other
outcome, such as weight loss, psychotherapeutic benefits or the ability
to perform any sport or other physical activity.
I agree that I will not copy, photograph, broadcast, retransmit or
otherwise record in any manner any portion of any Service or any
written or other tangible materials used in connection with any Service
and that my participation in the Services is solely for my own personal use and not for use by any other person or for any commercial purpose whatsoever.
I authorize the Company to use my image (including photographic,
motion picture and electronic images of me), and my voice (including
sound and video recordings). I hereby grant to the Company, its licensees, successors and assigns, the right to use (whether in live streaming services or otherwise), disseminate, stream, distribute, publish and reproduce, for all purposes, my name and images and pictures of me, including in still photographs,
film and electronic form, as well as the sound of my voice, whether in
live streaming services or video recordings, and printed and electronic
copy of the information described above in any and all media including,
without limitation, the Internet and on the Company’s website, and for
exhibition, distribution, promotion, advertising, sales, press conferences,
meetings, hearings, educational conferences and in brochures and
other media. This permission extends to all languages, media, formats
and markets now known or hereafter devised. This permission shall
continue forever and is not limited in geographic scope.
I further grant the Company all right, title, and interest that I may have in
all finished images, pictures, negatives, reproductions, videos and
copies of the original print, and further grant the Company the right to
give, sell, transfer, and exhibit the images and print in copies or
facsimiles thereof, for marketing, communications, advertising or other
purposes, as it deems fit. I recognize that the Company, and not me, has
rights and interests in all such materials.
I hereby waive the right to receive any payment for signing this release
and waive the right to receive any payment from the Company’s use of
any of the material described above. I also waive any right to inspect or
approve finished photographs, audio, video, multimedia, or advertising
recordings and copy or printed matter or computer generated scanned
images and other electronic media that may be used in conjunction
therewith or to approve the eventual use to which it might be applied.
I acknowledge that I have read and fully understand this Waiver of
Liability and Release as set forth above and that I am signing it
voluntarily with full knowledge of its contents. I acknowledge when I
create an account, I may receive certain emails:
Transaction emails: When I first register with FILI Space, I acknowledge I
may receive a welcome email that provides information about the
Services and my account. If I make a Purchase, I may receive an email
confirming my Purchase. I may also, from time to time, receive other
emails concerning your account status. I may not opt-out of receiving
transactional emails
Newsletters: I acknowledge I may receive newsletters and other emails
about new or upcoming FILI Space products, services, or offers. If I
decide to no longer receive these emails, I acknowledge I may opt-out
as instructed in each email or in my account settings.
Emails from FILI Space: When I make a Purchase, I agree to receive
emails from the FILI Space. To opt out of emails sent directly by FILI
Space, I acknowledge I may follow the opt-out instructions set forth in
the emails.
The Company is not responsible for removing, deleting, amending,
retrieving, or modifying your Personally Identifiable Information from the
lists of any Third Party Services or other third party who has previously
been provided your information.
If I am under 18, I represent that this waiver has been signed by one of
my parents.
FILI Run Club
Activity (the "activity"): A social running activity during which the group will take part in physical activity; including but not limited to: hiking, walking, running, exercising, and proximity to open water, roads, crosswalks, train tracks, and alleyways.
Participants may voluntarily, but at their sole peril, may perform these activities at their leisure with no liability to FILI Coffee Space Inc and it's associated instructors and organizers.
Please read and be certain that you understand the implications of signing.
I represent that I am in good physical health and capable of participating in all FILI Coffee Space Inc activities. By executing this document I agree to hold harmless FILI Coffee Space Inc., associated instructors, organizers, members and attendees (the "releasees") from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors or assigns may have for personal injury, property damage or wrongful death arising from the above activity whether caused by active or passive negligence of the releasees or otherwise.
I further agree to hold the releasees harmless and indemnify them in conjunction with any injury, disability, death or loss or damage to person or property that may occur as a result of engaging in the above-named activity whether caused by active or passive negligence of the releasees or otherwise.
I further affirm and acknowledge that I am fully informed of inherent hazards associated with hiking, walking, running, exercising, proximity to open water, roads, crosswalks, train tracks, and alleyways and travelling to and or from activity site(s) in which I am about to engage.
I further understand that during these activities there may not be rescue or medical facilities, first aid, or the expertise necessary to deal with personal injury from the hazards that I may be exposed to.
Express assumption of risk and inherent hazards associated with participation in the activity include, but are not limited to:
1. Falling, causing cuts, bruises, sprained, fractured or broken bones, severe injuries to the head, back and neck, which may result in severe impairment or even death.
2. All "acts of nature" including but not limited to strong currents, natural pools, rock fall, inclement weather, thunder and lightning, severe and or varied wind, temperatures and other weather conditions.
3. Risks associated with exercising, hiking, running, open bodies of water, proximity to open roads, climbing or down-climbing of rock.
4. Possible equipment malfunction or failure of my own or other's equipment, either rented or borrowed.
5. My own negligence and/or the negligence of any and all others, including the releasees.
6. Cold weather and heat related injuries and illnesses including but not limited to COVID-19
7. Attack by or encounter with insects and/or animals and/or wildlife.
8. Accidents or illness occurring in remote places where there are no available medical facilities.
9. Fatigue, chill and/or dizziness, which may diminish my/our reaction time and increase the risk of accident.
10. Psychological stress or trauma.
11. My sense of balance, physical coordination, and ability to follow instructions.
12. Consumption of alcohol and the resulting actions and effects of intoxication.
13. Transportation to and from all locations.
I understand that the description of these risks is not complete, and that these risks and unknown or unanticipated risks may result in injury, illness or death.
By signing your name below you are agreeing to thoroughly understand the above content and are exhausting all liability to FILI Coffee Space Inc., associated instructors leading the event and their organizers for five (5) years from the date of signage.