Terms and Conditions
Services: We reserve the right to add or delete services and amenities as reasonably warranted or as required by law or legislation.
Access fees: Access fees are those fees due to The Cave Gym and represent the cost of having use of the club available to you for the period paid for. Fees must be upfront for entry and use of club amenities. Fees may be paid by way of cash or EFTpos at the reception counter.
Waiver and release:
INFORMED CONSENT/ASSUMPTION OF RISK I agree that I have made an informed decision to participate in one or more physical fitness program(s) / class(es) provided The Cave Gym which may include, but not necessarily be limited to, Boot Camp, Personal Training, Cardio, Weights training and/or training of any kind by any affiliate, subsidiary or partnership of The Cave Gym. The Cave Gym by way of its servants and/or agents made me fully aware that the fitness programs / classes / services which The Cave Gym offer and in which I desire to participate are of a nature and kind that are or can be extremely strenuous and can/may push me to the limits of my physical abilities. I the undersigned recognize and understand that the programs/classes are not without varying degrees of risk which may include, but are not limited to the following: Injury to the musculoskeletal and/or cardio respiratory systems which can result in serious injury or death, injury or death due to negligence on the part of myself, my training partner, or other people around me, injury or death due to improper use or failure of equipment, or injury or death due to a medical condition, whether known or unknown by me. I acknowledge it is my responsibility to obtain a spotter to assist with any and all forms of training which may be challenging and/or difficult for me. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s).
Release: In full consideration of the above mentioned risks and hazards and in full consideration of the fact that I am willingly and voluntarily participating in the activities made available by The Cave Gym, and with my full understanding of all of the above, I hereby waive, release, remise and discharge The Cave Gym and its agents, officers, principals and employees and volunteers, of any and all liability, claims, demands, actions or rights of action, or damages of any kind related to, arising from, or in any way connected with, my participation at The Cave Gym, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties.
I also allow The Cave Gym to use any footage or photographs taken of me while on the premises for promotional use and/or social media advertising/posting
This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees (if applicable). If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect.
Indemnification: I recognize that there is risk involved in the types of activities offered by The Cave Gym. Therefore, I accept financial responsibility for any injury that I or the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur legal fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless The Cave Gym, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by The Cave Gym
Membership Card: Membership cards "fobs" which can be provided by The Cave Gym are solely and exclusively for the use of enrolled members and must be presented each time the member visits the facility. Fobs are not transferable. If presented by non – members, cards will be confiscated. The Cave Gym assumes no responsibility for lost fobs. A replacement fee is charged to the member for the cost of processing / replacing a lost Fob.
Restrictions: We reserve the right to revoke or deny the access of any member or guest whose access to or use of our facilities, in our judgement, creates a danger or health and safety hazard to you, or any behaviour we deem inappropriate to our other members, guests, or employees. Access to our facilities will be denied, unless you can provide competent medical evidence with additional evidence as we deem necessary. If a member has paid for a membership upfront, and is found to be not following the rules or directions of staff around safety, your membership will be terminated and you will forfeit the full value of your membership access paid. The health and safety of our staff, members and guests is our top priority at all times.
Rules and Regulation: By signing this agreement you agree to comply with the Rules & Regulations governing the conduct of member and guests. We may suspend or revoke your access in the event that you fail to comply with our rules & regulations. We reserve the right to amend the rules & regulations as reasonably warranted.
Complete agreement and severability: The terms of this agreement constitute the full agreement between you and us, and no oral promises are made part of it. If any part of this Agreement is declared invalid by law, neither you or nor we will lose any rights contained in the remaining provisions of this agreement.
A towel must be used on all equipment and closed in shoes are required for health and safety, no exceptions. Appropriate clothing must be worn and weights and/or equipment must be placed back or re-racked when finished with them.
Applicable Law: The law of the state of Queensland governs this agreement.
Damage to facility: Any damage caused to equipment, walls, mirrors or other property located at The Cave Gym will be repaired at the discretion of management at YOUR cost. All costs will be charged to you for repair at the cost quoted by our repairers. The Cave Gym reserves the right to choose who performs any and all repairs.
Unauthorised access: Any member found to be allowing un-authorised access to anyone will be fined $150 per instance. We have a "tailgating" security system in place which notifies us of any un-authorised access outside of hours. Continued breaches of this can result in The Cave Gym revoking your outside of hours access. Your access will remain this way until such time as Management deems necessary to ensure they are satisfied that you will not continue this behaviour.
Climbing Waiver Purpose
1. The purpose of this Climbing Waiver is to:
(a) inform you that Climbing is a dangerous recreational activity;
(b) inform you that Climbing has obvious associated risks which may result in an Injury; and
(c) obtain your Waiver for our benefit.
Interaction with Terms and Conditions
2. This Climbing Waiver is to be read in conjunction with, and in addition to, our Terms and Conditions. To the extent there is any inconsistency, the terms that act to most completely reduce our liability will prevail.
Terms of Waiver
3. Climbing is a dangerous recreational activity involving obvious and inherent risk of injury to person and property. Climbing with poor technique, whilst in poor physical condition or with the exercise of poor judgement, together with obvious risks, may all contribute to Injury.
4. By signing this Climbing Form, and in consideration of our permission to use our facilities and equipment and participate in the activity of Climbing, you agree that you accept any risk associated with Climbing and provide the Waiver in our favour.
5. You further warrant in our favour that you:
(a) are in suitable physical condition and have the requisite skill to conduct the activity of Climbing at our facilities;
(b) are capable of receiving and comprehending any instruction we may give you regarding Climbing and the use of any equipment or technique associated with Climbing; and
(c) will observe and comply with the Rules.