Acknowledgement Waiver Form
At The Feel Good Hood, your well-being is our priority. While you engage in our wellness services, please understand and respect your physical limits. Certain activities may carry risks, especially if you have heart conditions or are pregnant. When sharing insights from our services, do so at your own risk, and we cannot be held responsible for any injuries or damages. Your safety matters to us.
Please read and acknowledge the risks associated with our wellness activities. By signing this form, you confirm that you understand and accept these risks and release us from any liability for injuries or damages
SAFETY WARNING
At The Feel Good Hood, your well-being is our priority. As you engage in our diverse range of wellness services, including Ice baths, Infrared Sauna, Breath-Work, Meditation, Yoga, Pilates and Fitness Activities, we want to ensure your experience is both uplifting and secure. While our offerings are designed to promote your overall wellness, it's essential to acknowledge that certain activities involve inherent risks. By participating in activities such as Ice baths, Infrared Sauna, Breath-Work, Meditation, Yoga, Pilates and Fitness Activities, you should be aware that there is a potential for physical harm or personal injury. Such injuries may include fractures, soft tissue damage, long-term disability, or even, in extreme cases, loss of life. These risks can arise from various situations, such as falling, accidental contact with weights, collisions with equipment or others, improper equipment use, and engaging in vigorous exercises or fitness training. Understanding your own physical and mental boundaries is crucial. Should you have any reservations or queries, please don't hesitate to reach out to us. It's imperative to note that if you have heart conditions or are currently pregnant, we strongly advise against participating in any events hosted by The Feel Good Hood. In your pursuit of knowledge and well-being, we encourage you to take an active role. If you choose to apply or share any insights gained through your association with The Feel Good Hood, please be aware that you do so at your own risk. By doing so, you assume complete responsibility for any outcomes that may arise from your actions. The Feel Good Hood, along with its facilitators and representatives, cannot be held accountable for any injuries or damages that may occur.
RELEASE AND INDEMNITY
The Feel Good Hood reserves the right to request your consent for the exclusion, limitation, or modification of its liability concerning any potential death or personal injury you may experience within our premises or through the use of our facilities and equipment including Ice baths, Infrared Sauna, Breath-Work, Meditation, Yoga, Pilates and Fitness Activities.
By accepting this agreement, you voluntarily release The Feel Good Hood from any liability in the event of injury or fatality when participating in Ice baths, Infrared Sauna, Breath-Work, Meditation, Yoga, Pilates and Fitness Activities. Consequently, compensation may not be claimable in connection with any such occurrence.
It is possible that The Feel Good Hood might withhold services if you decline to accept this agreement, thereby altering your legal rights. Regardless of your agreement to these terms, additional legal rights against Ice baths, Infrared Sauna, Breath-Work, Meditation, Yoga, Pilates and Fitness Activities with The Feel Good Hood may still be retained.
IMPORTANT NOTICE ACCORDING TO THE AUSTRALIAN CONSUMER LAW AND FAIR-TRADING ACT 2012
According to the Australian Consumer Law (Vic), specific statutory guarantees are applicable to the provision of specific goods and services. These guarantees obligate the supplier listed on this document to ensure that the recreational services:
• Are conducted with appropriate skill and care;
• Are appropriately suitable for any purpose you have explicitly or implicitly communicated to the supplier; and
• Are expected to achieve results that you have disclosed to the supplier.
As outlined in Section 22 of the Australian Consumer Law and Fair-Trading Act 2012, the supplier is entitled to seek your agreement that these statutory guarantees do not pertain to you. By signing this document, you consent to the exclusion, limitation, or modification of your right to sue the supplier under the Australian Consumer Law and Fair-Trading Act 2012, in cases where injury or death results from services that fail to meet these guarantees, as stipulated in this document.
NOTE:
The amendments to your rights as described in this document are inapplicable if your injury or death is a direct result of gross negligence on the part of the supplier. Gross negligence, as it pertains to an act or omission, implies the act or omission was executed with a heedless disregard, whether conscious or unconscious, for the potential consequences. Please refer to Regulation 5 of the Australian Consumer Law and Fair-Trading Act 2012 for further clarification.
AGREEMENT
By participating in Ice baths, Infrared Sauna, Breath-Work, Meditation, Yoga, Pilates and Fitness Activities with The Feel Good Hood, you hereby affirm, confirm, and consent to the following:
• With the exception of instances involving recklessness, gross negligence, or deliberate harm, which cannot be excluded as outlined under the Competition and Consumer Act 2010 (Cth) of the Australian Consumer Law and Fair Trading Act 2012 (Vic), you waive any present or future claims against The Feel Good Hood when participating Ice baths, Infrared Sauna, Breath-Work, Meditation, Yoga, Pilates and Fitness Activities.
• You acknowledge any and all liability for personal injury or fatality you may encounter due to your engagement in Ice baths, Infrared Sauna, Breath-Work, Meditation, Yoga, Pilates and Fitness Activities, irrespective of the cause—including negligence, contract breaches, or violations of statutory and other duty of care responsibilities by The Feel Good Hood when participating in Ice baths, Infrared Sauna, Breath-Work, Meditation, Yoga, Pilates and Fitness Activities. This includes any failure on the part of The Feel Good Hood to safeguard you from potential risks, dangers, and hazards associated with the activities.
• You agree, to the extent permissible under the law, to indemnify and release The Feel Good Hood from any prospective liability, as long as it surpasses damages that are reasonably foreseeable resulting from your participation in Ice baths, Infrared Sauna, Breath-Work, Meditation, Yoga, Pilates and Fitness Activities.
• You release The Feel Good Hood from any liability for loss or damage to property, within the limits allowable by law when participating in Ice baths, Infrared Sauna, Breath-Work, Meditation, Yoga, Pilates and Fitness Activities.
• You indemnify The Feel Good Hood against any and all liability or expenses linked to medical costs, emergency transportation, and legal proceedings arising from personal injury or fatality incurred during your participation in fitness training sessions.
• You confirm that you do not possess any physical, mental, or medical conditions that would impede your ability to engage in fitness training or other physical activities similar in nature and intensity to those provided by The Feel Good Hood.
• You pledge to accurately disclose your fitness level, health status, dietary habits, medication usage, medical history, and prevailing physical, mental, or medical condition to The Feel Good Hood.
• You commit to following all directives provided by The Feel Good Hood during activities, including instructions to halt your participation in Ice baths, Infrared Sauna, Breath-Work, Meditation, Yoga, Pilates and Fitness Activities.
• You agree to promptly inform The Feel Good Hood if you experience any pain, discomfort, fatigue, nausea, or other symptoms during or immediately following your fitness training.
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.
I hereby affirm my voluntary participation in exercise activities within The Feel Good Hood.
I declare that I possess the physical and medical capability to engage in exercise programs and other services provided by The Feel Good Hood, which may encompass certain competitive activities. I acknowledge that I am attending at my own discretion and risk.
I acknowledge that my trainer at The Feel Good Hood is not qualified to provide medical advice concerning my medical fitness. I comprehend that this information serves as a guideline regarding my exercise limitations. I have responded to all questions to the best of my ability and comprehend the guidance provided above.
I hereby consent that The Feel Good Hood, its staff, and agents cannot be held accountable for any loss, damage, or injury incurred by me or my possessions during exercise or other activities.