WAIVER AND RELEASE
Definitions and interpretation
FITLAB means Adam Jones ABN 31 817 923 282 and Danielle Fields ABN 51 530 410 400 each trading separately under the name “FITLAB Strength & Conditioning”. For the avoidance of doubt Adam and Dani each make separate agreements with You on the terms set out herein, and any alleged liability on their part is seperate not joint.
Facilities and Services means the Gym Premises and all exercise areas, bathrooms, equipment, weights, benches, machines, mats and other equipment, and any FITLAB programs, personal or group fitness classes, products and services that you may use as a regular client or guest.
Gym means the personal and group, physical training and conditioning business conducted by FITLAB in and from the Gym Premises including the Surrounds.
Gym Premises means the upstairs area clearly signed “FITLAB” situated within the PCYC.
PCYC means the PCYC Glebe-Leichhardt, 2-4 Minogue Crescent, Glebe NSW 2037.
Surrounds means the physical area near and around the Gym Premises, including but not limited to the gymnasium within the PCYC, the stairs and disabled ramp leading into the said gymnasium, and the sloped driveway leading up from Minogue Crescent to the PCYC.
We, Us or Our means FITLAB.
This document sets out the terms and conditions that apply when You use the Gym, Facilities and Services.
1. Each time You use the Gym, Facilities and Services, You must ensure You are in good physical condition and know of no medical or other reason why You should not exercise. If unsure, You should not use the Gym, Facilities and Services until You have sought appropriate medical guidance and been given the go-ahead.
2. You agree to use the Facilities and Services safely, properly and in accordance with any instructions or directions given by Our staff. If You are unsure about how to use any Facilities or Services, You agree to ask Our staff first.
3. You agree to give Us all relevant personal, health and fitness information both before and during the course of any exercise program or other activity.
Risk Warning
4. You agree that by using the Gym and Facilities and Services You are voluntarily participating in physical exercise that can be strenuous and that you are thereby subject to risk of suffering serious harm or injury.
5. You agree that whilst every attempt may be made to ensure that the Facilities and Services provided by Us are safe, there are some significant and inherent risks involved, including risk of injury whether caused by You or another party, and voluntarily participating in these physical exercise sessions or personal training activities is at Your own risk and responsibility.
6. You agree that exercise in particular strenuous physical exercise is not without some risk to the musculoskeletal system (e.g. broken bones, soft tissue injuries, joint injuries, sprains, strains) and cardiorespiratory system (e.g. dizziness, fainting, abnormal heartbeat, discomfort in breathing, abnormal blood pressure response, and in rare instances, heart attack or stroke). You acknowledge that not all risks can be known in advance.
Our Liability to You
7. To the extent permitted by law:
(a) I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, “the Releasor,” “I” or “me”, which terms shall also include the Releasor’s parents or guardian if the Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind which I may have arising out of my participation in or use of the Gym and the Facilities and Services.
(b) I HEREBY release and forever discharge FITLAB, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively “the Releasees”), from liability for any physical or psychological harm or injury that I may suffer as a direct or indirect result of my participation in or use of the Gym and the Facilities and Services.
(c) I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including legal fees and any related costs on a full indemnity basis.
(d) I FURTHER ACKNOWLEDGE that the Releasees are not responsible or liable for any errors, omissions, acts, conduct or failures to act of any party or entity conducting a specific event or activity on behalf of the Releasees.
(e) all statutory and implied guarantees, warranties and conditions of any kind in connection with the Gym and the Facilities and Service are expressly excluded.
8. In the event that I should require medical care or treatment, I authorise FITLAB to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment.
9. Both You and FITLAB agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted seeking to altering or add to or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.