Assumption of Risk and Waiver of Liability
Last Updated: March 30, 2026
By purchasing, receiving, or using any product sold by Inclusive Fitness Apparel and Equipment ("Inclusive Fitness," "we," "us," or "our"), you ("the Purchaser," "User," or "you") acknowledge and agree to the following:
1. ASSUMPTION OF RISK
You acknowledge that the use of strength training equipment — including but not limited to sandbags, resistance bands, and related accessories — involves inherent risks of physical injury, including but not limited to muscle strains, sprains, fractures, joint injuries, back injuries, and in rare cases, more serious injuries or death.
You voluntarily assume all risks associated with the use of Inclusive Fitness products, whether those risks are known or unknown to you at the time of purchase or use.
2. PROPER USE AND MAINTENANCE
You agree to:
- Use all products only for their intended purpose as described in the product listing and any included instructions
- Inspect all products before each use for signs of wear, damage, or deterioration
- Follow all filling instructions for sandbag products, including weight limits and recommended fill materials
- Not exceed the stated weight capacity of any product
- Discontinue use immediately if any product shows signs of damage, wear, or compromised integrity
- Ensure that you are physically capable and medically cleared for strength training activities
3. WAIVER OF LIABILITY
To the fullest extent permitted by applicable law, you release, waive, and discharge Inclusive Fitness, its owners, officers, employees, agents, and affiliates from any and all liability, claims, demands, actions, or causes of action arising out of or related to any injury, damage, or loss sustained by you or any third party as a result of the use or misuse of any Inclusive Fitness product.
This waiver applies to, but is not limited to, injuries caused by:
- Improper filling, overfilling, or underfilling of sandbag products
- Use of products beyond their intended purpose
- Failure to inspect products for wear or damage before use
- Use of damaged, worn, or deteriorated products
- Improper anchoring or use of resistance band products
- Use of products without proper training, supervision, or warm-up
- Pre-existing medical conditions aggravated by product use
4. INDEMNIFICATION
You agree to indemnify and hold harmless Inclusive Fitness from any claims, damages, losses, or expenses (including legal fees) arising from your use or misuse of any Inclusive Fitness product, or your violation of this agreement.
5. PRODUCT CONDITION AND WARRANTY
All products are inspected for manufacturing defects prior to shipping. Inclusive Fitness offers a 30-day satisfaction guarantee for unused, undamaged products in their original condition. This guarantee does not cover normal wear and tear, misuse, or damage resulting from failure to follow product instructions.
6. GOVERNING LAW
This agreement shall be governed by and construed in accordance with the laws of the Province of Newfoundland and Labrador, Canada. Any disputes arising from this agreement shall be subject to the exclusive jurisdiction of the courts of Newfoundland and Labrador.
7. SEVERABILITY
If any provision of this agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
8. ACKNOWLEDGMENT
By completing a purchase on inclusivefitness.ca, you confirm that you have read, understood, and agreed to this Assumption of Risk and Waiver of Liability.
If you have questions about this policy, contact us at info@inclusivefitness.ca.
