FS8 Condell Park Waiver
Please complete prior to attending your first session.
Name
First Name
Last Name
Email
example@example.com
Phone Number
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Format: (000) 000-0000.
I, the participant named below, have agreed to participate in the FS8 workouts, exercise and training programs and any other services (fitness or otherwise) offered by FS8 ("Workouts"). I acknowledge and agree that the Workouts:● are a recreational sport activity; and● may involve strenuous physical activity including, but not limited to, yoga, Pilates, reformer Pilates, muscle strength and endurance training, cardiovascular conditioning and training, and other various fitness activities. I hereby affirm, and I affirm each time I participate in a Workout, that:● I am in good physical condition and do not suffer from any known disability or condition which would prevent or limit my participation in the Workouts; and● I am participating in the Workouts voluntarily and at my own risk. I HEREBY RELEASE FS8 PTY LTD, FS8 INCORPORATED AND THEIR RELATED BODY CORPORATES, AFFILIATES, SUCCESSORs, ASSIGNEES, FRANCHISEES, LICENSEES AND THEIR OFFICERS, AGENTS AND EMPLOYEES (THE "RELEASED PARTIES") FROM ANY CLAIMS, DEMANDS, AND CAUSES OF ACTION AS A RESULT OF MY VOLUNTARY PARTICIPATION IN THE WORKOUTS, TO THE MAXIMUM EXTENT PERMITTED BY LAW.I FULLY UNDERSTAND THAT I MAY INJURE MYSELF AS A RESULT OF MY PARTICIPATION IN THE WORKOUTS AND I HEREBY RELEASE THE RELEASED PARTIES FROM ANY LIABILITY NOW OR IN THE FUTURE FOR CONDITIONS THAT I MAY OBTAIN DIRECTLY OR INDIRECTLY FROM PARTICIPATING IN THE WORKOUTS, TO THE FULLEST EXTENT PERMITTED BY LAW. THESE CONDITIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, HEART ATTACKS, MUSCLE STRAINS, MUSCLE PULLS, MUSCLE TEARS, BROKEN BONES, SHIN SPLINTS, HEAT PROSTRATION, INJURIES TO KNEES, INJURIES TO BACK, INJURIES TO FOOT, OR ANY OTHER ILLNESS OR SORENESS THAT I MAY INCUR, INCLUDING DEATH.I HEREBY AFFIRM THAT I HAVE READ AND FULLY UNDERSTAND THE ABOVE STATEMENTS. Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. FS8 Training and the FS8 franchised studios ("FS8") have done their best to put in place preventative measures to reduce the spread of COVID-19; however, FS8 cannot guarantee that you will not become infected with COVID-19. Further, attending FS8 could increase your risk of contracting COVID-19.By signing this agreement, you acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you may be exposed to or infected by COVID-19 by attending FS8 and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 at FS8 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, FS8 employees and program participants. You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to yourself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with your attendance at FS8 ("Claims" You hereby release, covenant not to sue, discharge, and hold harmless FS8, its employees, agents, and representatives, from the Claims. You understand and agree that this release includes any Claims based on the actions, omissions, or negligence of FS8, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any FS8 program. FEES & TERM 1. The Fees you have to pay and the term of this Agreement are set out in the Details. 2. If you do not make any payment when it is due, your Membership may be suspended and you could be refused access to a Studio until all outstanding amounts have been paid. 3. Your Membership may also be terminated if any Fees remain unpaid for an extended period. You will still be liable for all unpaid amounts. 4. If you pay any Fees, by direct debit, then this will be through our Biller (not us). You will be provided with a copy of Direct Debit Payment Agreement of the Biller which applies to any direct debit services. The Direct Debit Payment Agreement, which we are not a party to, is entirely separate to this Agreement. 5. By nominating a credit or debit account, you authorise our Biller, to deduct from that account all Fees and other charges you are responsible for under this Agreement. 6. You must keep your account details up to date and ensure there is enough money in your nominated account on the usual payment, or the next working day if that falls on a day when banks do not process payments. If there is not enough money in your nominated account on the usual payment day, or there is another reason that your account was unable to be debited you may be charged an additional fee by the Biller, which may be added to your next debit amount. 7. Whilst the Studio endeavours to deliver all our classes on time and as advertised, classes are subject to change or cancellation without notice. FS8, the Studio or our Biller is not liable to refund, transfer or offer compensation of any kind for classes that are late, changed or cancelled for any reason. SUSPENDING YOUR MEMBERSHIP1. You may temporarily suspend or freeze your Membership for any reason if your account is up to date. In any 12-month period you may freeze your Membership for up to 6 weeks.2. We may agree to freeze your Membership for more than the period noted in clause 1 for travel, medical or hardship reasons but you must give us proof (such as supporting documents) to our reasonable satisfaction. CANCELLING YOUR MEMBERSHIP 1. You can cancel your Membership at any time by telling us in writing if you cannot use Studio or participate in a Class because you contract a serious illness or a permanent physical incapacity during the term of your Membership. This must be confirmed writing by a doctor or other medical professional we reasonably agree to and you agree that we may contact the doctor or other professional for verification purposes. 2. If you cancel under clause 1, we can charge you the Administration Fee. You will also be liable for Fees incurred, i.e. your Fees for the time you were a Member (calculated on a pro rata basis). 3. A Cancellation Fee is payable if you want to cancel your Membership for your convenience during the term of your agreement. It is an amount equal to 50% of the balance of your Fees for remainder of the fixed term of your Agreement. 4. If you Agreement is for a fixed term, it will continue after the end of that term unless you tell us in writing at any time (but at least 30 days) before the end of the term that you wish to cancel your Membership. If you tell us before the end of the term but it is less than 30 days before, your Membership will continue for another 30 days before it ends. 5. In the case that you need to cancel your membership you are required to come to FS8 to complete an exit interview. 6. All membership cancellations require a minimum of 1 weeks' notice. 7. In addition to our other rights under this Agreement, we may cancel your Membership if you breach any obligation under this Agreement that can’t be fixed or if you breach an obligation that can be fixed but you do not fix it in a reasonable time. 8. If we cancel your Membership under this clause 9, you will be liable for Fees incurred, i.e. your Fees for the time you were a Member (calculated on a pro rata basis). We may also charge a Cancellation Fee and recover costs, loss or damages caused by your breach. 9. You promise you are not bankrupt or insolvent and are able to pay applicable Fees at the time of signing. You agree that you will tell us promptly if you believe you will be unable to pay your Fees for an extended period. We may cancel your Membership if you become bankrupt or insolvent. I acknowledge by signing this form that I agree that FS8 Condell Park may use my image on social media in videos or photos, and that signing this form is an acceptance of this fact. If I change my mind I can let FS8 Condell Park know at any time. Signing this waiver online constitutes my agreement to all of the above.
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