SAFETY WARNING
Cold Water Therapy, Breath-Work & Fitness activities with FeelGoodDips hereby warns you that these activities can be dangerous. Whilst you are using our recreational services, you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injury, permanent disability or death. These injuries may occur from many causes including:
· Stepping on sharp objects in ocean or sand
· Being struck by weights
· Colliding with equipment or another person
· Incorrect use of equipment
· Engaging in strenuous exercise of fitness training
Know your limitations, both physical and mental, and act accordingly. If you have any concerns contact us.
Do not participate in any FeelGoodDips events if you have heart conditions of any kind, or are pregnant.
If you choose to continue or share in any way, any of the knowledge or activities you learnt or perceive to have learnt from FeelGoodDips, you do so at your own risk and claim full responsibility; You agree to not hold FeelGoodDips or any of its facilitators, representative responsible for injuries or damages you may incur as a result.
We are not doctors. None of this is medical advice, nor is it intended to diagnose, cure or treat any medical conditions. Any suggestions or information we offer is purely educational, and should not be regarded as medical expertise. For qualified medical advice please consult a medical professional.
ACKNOWLEDGEMENTS
By participating in Cold Water Therapy,Breath-Work & Fitness activities with FeelGoodDips you acknowledge and understand that:
· Athletic activities, including the fitness training provided by FeelGoodDips, have inherent dangers and risk including but not limited to the potential for serious personal injury [including both physical and mental injury] or death
· Injury may result not only from your actions but from the action, omission or negligence of others.
· The injuries and potential cause of injury described in these terms are not exhaustive and there are other known, unknown or unanticipated risks that may result in injury, illness or death.
· Although Cold Water Therapy, Breath-Work and Fitness activities with FeelGoodDips takes steps to reduce the risk and increase the safety of all activities.
· You are personally responsible for your preparation prior to Cold Water Therapy, Breath-Work and Fitness activities, your concentration and attention during fitness training, as well as your post activity rest and recovery.
· You are participating in Cold Water Therapy, Breath-Work and Fitness activities voluntarily at your own risk and responsibility.
· You may need to stop participating in Cold Water Therapy, Breath-Work and Fitness activities at any time and that you may be directed to stop by FeelGoodDips if you display any noticeable signs of distress.
· You are responsible for safeguarding your personal belongings and valuables during Cold Water Therapy, Breath-Work and Fitness activities with FeelGoodDips.
· In entering into this agreement, you are not relying on any oral or written representation or statement made by or on behalf of FeelGoodDips with respect to the safety of Cold Water Therapy, Breath-Work and Fitness activities other than what is set forth this agreement.
LIABILITY FOR PROPERTY
a) You should not bring any personal property of value to FeelGoodDips and you are responsible for the care of your property. To the extent permitted by law, Cold Water Therapy, Breath-Work and Fitness activities with FeelGoodDips is not responsible for any loss or damage to your personal property.
b) If you cause damage to any equipment you agree that you are liable to Cold Water Therapy, Breath-Work and Fitness activities with FeelGoodDips for it’s cost of repair or replacement.
RELEASE AND INDEMNITY
a) Cold Water Therapy, Breath-Work and Fitness activities with FeelGoodDips is entitled to ask you to agree to exclude, restrict or modify it’s liability for death or personal injury suffered by you on our premises, or from the use of our facilities or equipment.
b) If you accept this agreement, you agree to releases Cold Water Therapy, Breath-Work and Fitness activities with FeelGoodDips from liability if you are killed or injured, with the result that compensation may not be payable in relation to your death or personal injury.
c) Cold Water Therapy, Breath-Work and Fitness activities with FeelGoodDips may refuse to provide you with the services if you do not agree to modify your rights by accepting this agreement. Even if you accept this Agreement, you may still have further legal rights against Cold Water Therapy, Breath-Work and Fitness activities with FeelGoodDips
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR-TRADING ACT 2012
Under the Australian Consumer Law [Victoria], several statuary guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier names on this form is requires to ensure that the recreational services apply to you
· Are rendered with due care and skill
· Are responsibly fit for any purpose which you, either expressly or by implication, make known to the supplier
· Might seasonably be expected to achieve any result you have made known to the supplier
Under section 22 of the Australian Consumer Law and Fair-Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because of the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair-Trading Act 2012.
AGREEMENT
In consideration of activities with FeelGoodDips allowing you to participate in Cold Water Therapy, Breath-Work and Fitness activities, you hereby warrant, confirm and agree as follows:
· Except for liability for recklessness, gross negligence of deliberate harm, which cannot be excluded under the Competition and Consumer Act 2010 [Cth] of the Australian consumer Law and Fair Trading Act 2012 [Vic], to waive any and all claims that you have or may have in the future against Cold Water Therapy, Breath-Work and Fitness activities with FeelGoodDips.
· Any and all liability for any personal injury or death you may suffer, as a result of your participation in Cold Water Therapy, Breath-Work and Fitness activities due to any cause whatsoever including negligence, breach of contract or breach of any other statutory or other duty of care on the part of Cold Water Therapy, Breath-Work and Fitness activities with FeelGoodDips and including the failure on the part of Cold Water Therapy, Breath-Work and Fitness activities with FeelGoodDips to protect you from the risk, danger and hazards of activities.
· To the extent permitted by law, to indemnify and release activities with FeelGoodDips from any liability it has or may have in the future for any loss or damage to the extent that it is beyond the loss or damage that is reasonably foreseeable as a result of engaging in Cold Water Therapy, Breath-Work and Fitness activities with FeelGoodDips.
· Extent permitted below by Law, to release Cold Water Therapy, Breath-Work and Fitness activities with FeelGoodDips any liability for any loss of property or property damage.
· To release and indemnify FeelGoodDips from any and all liability or costs incurred in relation to medical costs, emergency transportation and litigation resulting from your personal injury or death, and arising from your participation in fitness training.
· You are not aware of any physical, mental or medical condition that would prevent you from undertaking fitness training or any other physical activity of the type and intensity to be provided by activities with FeelGoodDips.
· You will honestly represent your level of fitness, health, nutrition, use of medication, medical history, current physical, mental or medical condition to activities with FeelGoodDips.
· You will follow all instructions from FeelGoodDips during activities, including instructions to cease participation in Cold Water Therapy, Breath-Work and Fitness activities.
· You will inform FeelGoodDips immediately in the event that you feel any pain, discomfort, fatigue, nausea or any other symptoms that may occur or during immediately after your fitness training
· You warrant that you are an Ambulance Victoria Member and you consent to receive first aid and medical treatment by FeelGoodDips in the event of an accident, injury or illness during Cold Water Therapy, Breath-Work and Fitness activities.
SEVERABILITY
To the extent that anything contained in this acknowledgement and waiver is unenforceable, it shall be considered void and it is severed from these terms and does not otherwise affect the enforceability of the remaining terms