Assumption of Risk, Release and Health Disclaimer

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONCERNS PHYSICAL INJURY RISKS AND MAY AFFECT LEGAL RIGHTS.

This document applies to the online basketball and strength-training courses provided by:

• Legal business name: Matthys Van Bylandt, operating as Axis Development
• Operating/brand name: Axis Development
• Business address: Vancouver, BC, Canada (address on file)
• Email: support@axisdevelopment.ca

“Participant” means the person completing the exercises. “Purchaser” means the adult completing the purchase. “We,” “us” and “our” refer to the business identified above.

1. General fitness education only

The course provides general, prerecorded and self-guided basketball and fitness education.

The course is not:

• Medical advice;
• A medical diagnosis;
• Physiotherapy;
• Injury treatment;
• Rehabilitation;
• A replacement for professional healthcare;
• Individualized personal training; or
• Live supervision.

We do not examine the Participant, monitor the Participant in person or confirm whether the Participant is performing an exercise correctly.

2. Participant health responsibility

Before participating, the Participant should consider whether they have any injury, illness, medical condition, disability, symptom or restriction that could affect safe participation.

A Participant should consult an appropriate qualified healthcare professional before beginning or continuing the course when the Participant:

• Has an existing or recent injury;
• Has a medical condition affecting exercise;
• Has been told to restrict physical activity;
• Is recovering from surgery or treatment;
• Is pregnant;
• Experiences unexplained pain, dizziness, fainting, chest discomfort or unusual shortness of breath; or
• Is uncertain whether an activity is appropriate.

Participation should stop immediately if the Participant experiences pain, dizziness, faintness, loss of control, unusual shortness of breath or another concerning symptom.

The course should not be used to diagnose, treat or rehabilitate an injury.

3. Nature of the activities

The course may involve:

• Running and sprinting;
• Jumping and landing;
• Rapid changes of direction;
• Basketball handling, shooting and movement drills;
• Resistance training;
• Free weights;
• Weight machines;
• Bodyweight exercises;
• Repetitive movements;
• Balance and coordination exercises;
• Training in a gym or on a basketball court; and
• Activities performed without an instructor physically present.

The Participant may choose not to perform an exercise and should select an appropriate variation, weight, speed, range of motion and training volume.

4. Acknowledgment of risks

Basketball and resistance training involve inherent and other risks.

These risks may arise from:

• Incorrect technique;
• Choosing excessive weight or difficulty;
• Overexertion or fatigue;
• Inadequate warm-up or recovery;
• Slips, trips or falls;
• Jumping or landing incorrectly;
• Rapid changes of direction;
• Contact with basketballs, equipment, walls or other people;
• Dropped weights;
• Improperly secured or damaged equipment;
• Equipment malfunction;
• Inadequate space;
• Unsafe flooring or court conditions;
• Failure to use a suitable spotter or supervision;
• Failure to follow instructions;
• A pre-existing or undisclosed health condition; or
• The actions or omissions of the Participant, another person, a gym or another third party.

Possible consequences include strains, sprains, fractures, joint injuries, head injuries, cardiovascular events and other serious injury.

The Purchaser and Participant understand that not every risk can be predicted or eliminated.

5. Participant responsibilities

The Participant agrees to:

• Read and follow the course instructions;
• Begin at an appropriate level;
• Use weights and equipment suitable for their ability;
• Inspect equipment and the training area before use;
• Follow the manufacturer's instructions for equipment;
• Follow all gym and facility rules;
• Use appropriate footwear and clothing;
• Maintain enough clear space to perform each exercise;
• Use a suitable spotter or qualified in-person supervision when reasonably necessary;
• Avoid exercises the Participant cannot perform safely;
• Avoid training through significant pain or concerning symptoms;
• Stop an exercise if control or proper technique cannot be maintained; and
• Seek appropriate professional advice when unsure about safety or physical readiness.

The Participant is responsible for all decisions made while using the course.

6. No live supervision or emergency response

The course is completed remotely and without our physical supervision.

We cannot:

• Observe the Participant's technique;
• Inspect the Participant's gym, court or equipment;
• Select weights for the Participant in real time;
• Intervene if an exercise becomes unsafe; or
• Provide emergency assistance.

The Participant is responsible for choosing a safe location and arranging any supervision or assistance reasonably needed.

7. Participants under 19

A Participant under 19 may use the course only when a parent or legal guardian completes the purchase and provides consent.

The parent or guardian is responsible for:

• Determining whether the course is appropriate for the minor;
• Reviewing the workouts and exercise instructions;
• Ensuring that suitable adult supervision is provided;
• Ensuring that the minor uses suitable weights and equipment;
• Ensuring compliance with gym age restrictions and rules; and
• Stopping participation when the activity appears unsafe or inappropriate.

This agreement does not claim to remove any legal right belonging to a minor that cannot lawfully be waived by a parent or guardian.

8. Adult assumption of risk

An adult Participant voluntarily chooses to participate and knowingly accepts the ordinary and inherent risks associated with basketball, resistance training and unsupervised physical activity.

The adult Participant understands that injury may occur even when instructions are followed.

9. Adult release of claims

To the fullest extent permitted by applicable law, an adult Participant releases and agrees not to bring a claim against Matthys Van Bylandt, operating as Axis Development, its owners, directors, officers, employees, contractors and course creators for injury, loss or damage arising from:

• The ordinary and inherent risks of participation;
• The Participant's selection of exercises, weights or training conditions;
• The Participant's failure to follow instructions;
• The condition or operation of third-party gyms, courts or equipment; or
• Alleged ordinary negligence connected with the creation or delivery of the general course materials.

This release does not apply to intentional misconduct, gross negligence where it cannot legally be excluded, or any right or liability that applicable law does not permit the parties to waive.

10. Parent or guardian acknowledgment

Where the Participant is under 19, the parent or legal guardian:

• Authorizes the minor to use the course;
• Acknowledges the risks described in this document;
• Accepts responsibility for providing appropriate supervision;
• Agrees to the Terms as the adult Purchaser; and
• Confirms that they have authority to provide this consent.

The parent or guardian does not claim to waive the minor's independent legal rights except to the extent permitted by law.

11. Third-party facilities and equipment

We do not inspect or control gyms, courts or equipment selected by the Participant.

The Participant and Purchaser are responsible for confirming that:

• The facility permits the Participant to perform the activities;
• The equipment is appropriate and properly maintained;
• The training area is clear and suitable;
• Facility rules are followed; and
• Required supervision is available.

12. No guarantee of results or injury prevention

We do not guarantee that the course will:

• Prevent injury;
• Correct an injury;
• Increase strength, speed or jumping ability;
• Improve basketball performance;
• Produce body-composition changes; or
• Produce any specific athletic outcome.

Physical and athletic results vary between individuals.

13. Acceptance

By checking the required checkout box, the adult Purchaser confirms that:

• They have read and understood this document;
• They understand that the course involves physical risks;
• They had an opportunity to decline the agreement and not purchase;
• The information provided during checkout is accurate;
• They are at least 19 years old; and
• They accept this document for themselves and, where applicable, authorize the minor Participant to use the course.

14. Governing law

This document is governed by the laws of British Columbia and the applicable laws of Canada.

Nothing in this document removes consumer or legal rights that cannot lawfully be waived.

15. Contact

Questions about this document may be sent to:

• Matthys Van Bylandt, operating as Axis Development
• Vancouver, BC, Canada (address on file)
• support@axisdevelopment.ca