BC Brain Wellness Program Terms of Service

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Enrollment Terms and Conditions

I have read, understand and agree to abide by the Facility Rules and Regulations – Code of Conduct (found on the BC Brain Wellness Program (BWP) website) for all programs. I am aware that for all exercise programs, I must complete an exercise safety assessment a prior to participating. Furthermore, I must also complete an updated exercise safety assessment  if my health status changes or if the fitness instructor advises. I acknowledge that all communications for the BWP service I am partaking in will come from the class's instructor and that any questions, injuries or illnesses I may have must be reported to the staff directly and immediately before class.

I understand that participation in any BWP class or videos published by the BWP group will be done at my own risk. I will ensure that I have an appropriate space needed to follow the exercises and that no obstacles or barriers are in the way. I will exercise my judgment when deciding to partake in specific or expressive activities and only when I feel safe. Vancouver Coastal Health, the University of British Columbia, and related programs including the Djavad Mowafaghian Centre for Brain Health, the School of Physiotherapy, and the Allan McGavin Sports Medicine Clinic will not be liable for accidents or incidents that may occur as a consequence of participation in the online and in person programming. By participating in the online program, I recognize that risk of illness and/or injury may be inherent in any movement or exercise class and am participating with the agreement that Vancouver Coastal Health, the University of British Columbia, and related programs, including the Djavad Mowafaghian Centre for Brain Health, BWP, the School of Physiotherapy, and the Allan McGavin Sports Medicine Clinic and its directors, officers, employees, partners, instructors, and agents are hereby released from any and all claims, costs, liabilities, expenses, or judgments associated with this online programming.

UBC AND OFF-SITE PROGRAM LOCATIONS

I understand that:

  • If I am enrolling in an Exercise class, I acknowledge that an initial intake session and a PARQ+ evaluation is required and must be completed before participation.

  • If I am enrolling in Exercise class, I acknowledge that I am responsible to adhere to the recommendations set out by the health professionals and affiliates of the BWP. 

  • For all programs, I am liable for any injury that occurs while participating in a BWP.

  • For Virtual programs, I am responsible for determining an appropriate space for BWP activities and will be liable for any injuries or adverse outcomes resulting from attending a BWP class in an unsuitable space.

  • If I am enrolling in a Mindfulness, or any expressive arts classes, the BWP is not liable for any emotional distress that may be experienced by the class attendees.

HEALTH STATUS REPORTING POLICY:

I acknowledge and agree that it is my responsibility to ensure that I am physically and mentally capable to participate in the BC Brain Wellness programs and/or services and that it is my responsibility to complete an exercise safety screening appointment from the BC Brain Wellness affiliates regarding my participation in any UBC BW exercise program. I further acknowledge and agree that should my health change during the term of this agreement, it is my responsibility to ensure that I register for a new exercise safety screening appointment so that I can be advised on what next steps to take regarding exercise participation.  I acknowledge and agree that BC Brain Wellness may prevent or restrict my participation in any program and/or service if it believes that it is not safe for me to participate, in its sole discretion.

PRIVACY NOTIFICATION:

When you book classes, events, or assessments, your personal information is collected under the authority of section 26(c) of the Freedom of Information and Protection of Privacy Act (FIPPA). This information will be used to assess, treat, and make appropriate recommendations for you. Questions about the collection of this information may be directed to brain.wellness@ubc.ca.

Participant Liability Waiver

BC Brain Wellness Program, Djavad Mowafaghian Centre for Brain Health, 2215 Wesbrook Mall, Vancouver, BC V6T 1Z3

Tel: 604.822.7131 | brain.wellness @ubc.ca | bcbrainwellness.ca

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS 

BY AGREEING TO THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS,

INCLUDING THE RIGHT TO SUE IN THE EVENT OF INJURY

 

PLEASE READ CAREFULLY

 

TO: THE UNIVERSITY OF BRITISH COLUMBIA, including its Department of Medicine, Djavad Mowafaghian Centre for Brain Health, BC Brain Wellness Program, Allan McGavin Sports Medicine Centre, UBC Physical Therapy and Research Clinic

ASSUMPTION OF RISKS

I am aware that using the BC Brain Wellness Program, The Djavad Mowafaghian Centre for Brain Health, Allan McGavin Sports Medicine Centre, and/or UBC Physical Therapy and Research Clinic involves many risks, dangers and hazards including, but not limited to injury from falls, cardiovascular events, musculoskeletal injury including fractures, allergic reactions, psychological distress, disability and death; negligence of other participants; and NEGLIGENCE ON THE PART OF THE UNIVERSITY OF BRITISH COLUMBIA OR ITS EMPLOYEES OR VOLUNTEERS OR CONTRACTORS INCLUDING THE FAILURE ON THE PART OF THE UNIVERSITY OF BRITISH COLUMBIA OR ITS EMPLOYEES OR VOLUNTEERS OR CONTRACTORS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE. I am also aware that the risks, dangers and hazards referred to above exist within a variety of facilities whether on campus or off campus, including but not limited to: roadways, parking areas, shower rooms, hallways, stairs, elevators, change rooms, meeting rooms, eating areas, banquet rooms, fields, campus buildings and other facilities.

I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH MY USE OF THE BC BRAIN WELLNESS PROGRAM, THE DJAVAD MOWAFAGHIAN CENTRE FOR BRAIN HEALTH, ALLAN MCGAVIN SPORTS MEDICINE CENTRE, AND/OR UBC PHYSICAL THERAPY AND RESEARCH CLINIC AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM. I am also aware that the University of British Columbia does not carry accident or medical or dental insurance on my behalf.

RELEASE OF LIABILITY, WAIVER OF CLAIMS

In consideration of the University of British Columbia allowing me to use the BC Brain Wellness Program, The Djavad Mowafaghian Centre for Brain Health, Allan McGavin Sports Medicine Centre, and/or UBC Physical Therapy and Research Clinic and permitting my use of its equipment, structures and other facilities, and for good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:

1.    TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE UNIVERSITY OF BRITISH COLUMBIA, its Board of Governors, directors, officers, employees, agents and representatives, (all of whom are hereinafter collectively referred to as "THE RELEASEES") and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer, resulting from my use of [insert name of facility] and/or participating in any [insert name of program or event] DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, c. 337, ON THE PART OF THE RELEASEES, AND ALSO INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE;

2.    This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction; and

3.    Any litigation involving the parties to this Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.

In entering into this Agreement I am not relying upon any oral or written representations or statements made by the Releasees with respect to the safety of the BC Brain Wellness Program, The Djavad Mowafaghian Centre for Brain Health, Allan McGavin Sports Medicine Centre, and/or UBC Physical Therapy and Research Clinic other than what is set forth in this Agreement.

I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.

Participant Code of Conduct

BC Brain Wellness Program (BWP) is a community engagement program offered through the Djavad Mowafaghian Centre for Brain Health, and the University of British Columbia (UBC), and Vancouver Coastal Health.

As the BWP is part of UBC, including all other programs delivered off-site, all rules, regulations and policies of the University apply.

In addition, the following Code of Conduct sets forth expectations for all participants and visitors who use the facility for any purpose.

Access to the Jack and Darlene Poole Rehabilitation and Research Gym and other BWP classes delivered off-site is a privilege.

All attendees are expected to:

  • Have registered for their desired class prior to arrival.

  • Have completed the appropriate physical activity questionnaires and exercise safety screening  prior to their first exercise class.

  • Only register for and attend exercise classes pertaining to assessed fitness levels.

  • Only access the facility for the purpose of the class. Users who are registered in a class cannot exercise or use the space afterwards.

  • Act with courtesy, respect and professionalism to your fellow members, and management at all times.

  • Comply with requests and direction from BWP staff, instructors, volunteers who are acting in the performance of their duties.

  • Comply with any rules and guidance set forth for the particular program, event or class.

  • For exercise classes, participants must wear proper fitness attire; shirts and shoes are required at all times.

  • Minimize the use of colognes, perfumes, and body sprays and maintain good personal hygiene.

  • Enter the facility only through the front doors (back door access is not allowed).

  • Be courteous and share equipment where possible.

  • Keep walkways clear of belongings and equipment.

  • Use equipment safely and properly. Do not use equipment for purposes other than what they were designed for.

  • Ensure safety during virtual sessions by keeping web cameras on if possible.

  • Understand that BWP is not responsible for lost or stolen property.

  • Inform a BWP staff/volunteer should health status change.

  • Understand that if health status changes, participants may be subject to do an updated physical assessment.

  • Refrain from attending classes (both in person and online) if feeling sick or unwell.

For reasons of safety and privacy, all , Participants, and Visitors MAY NOT:

  • Display aggressive behaviour in any form, including physical abuse, verbal abuse, threats, intimidation, harassment, coercion and/or conduct which threatens or endangers the health physical, or emotional safety of any person.

  • Bring into the fitness centre anyone under the age of 18. Parent or guardian supervision or approval is required.

  • Display rude or argumentative behavior with staff, volunteers, and instructors or other participants or visitors.

  • Demonstrate lewd, obscene or indecent conduct or expression, including profanity, or offensive remarks.

  • Show any action which constitutes an attempt to inflict, or the actual infliction of, or injury to other participants and/or staff.

  • Inflict willful damage or destruction to the facility or property.

  • Enter unauthorized areas such as: staff offices or staff workspaces; gender opposite locker rooms; maintenance, equipment or storage rooms.

  • Photograph or video tape other participants or visitors without prior approval of participants being photographed or taped and without prior approval from an authorized staff member.

  • Unauthorized commercial activity – no person is allowed to post, advertise, instruct in private lessons or solicit individuals in the facility for personal services or for personal businesses that is not directly affiliated and approved through Bodyworks.

All participants, and visitors are required to report any violation of this Code of Conduct to a BWP staff member immediately. As needed, UBC Security may be called at any time to help enforce this Code of Conduct.

Any acts that are considered violations of the BWP Code of Conduct shall be referred to management for appropriate action.

Any  participant, or visitors violating University Policies or the Jack and Darlene Poole Rehabilitation and Research Gym Code of Conduct may have their participation privileges revoked.

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