Indemnity, Waiver and Release from Liability
Fitness QLD Pty Ltd known as "Rocks CrossFit"
ROCKS CROSSFIT MEMBERSHIP TERMS & CONDITIONS
- To cancel your direct debit we require a minimum of 7 days written notice to info@rockscrossfit.com.au prior to your next scheduled direct debit payment date
- You can hold your membership for a minimum of two weeks and a maximum of one month every year, with 7 days written notice
- There will be no refund of payments upon failure to give adequate notice of cancellation or suspension
- Rocks CrossFit will be closed for all public holidays. All holidays are factored into the fee structure
WARNING:
Rocks CrossFit provides high intensity physical fitness and health related training, programs, activities and services including but not limited to weightlifting, gymnastic movements, strenuous bodyweight exercises and other high exertion activities.
Participation in high intensity physical fitness and health related activities exposes a participant to a number of risks to health and safety, including (but not limited to) abnormal blood pressure, muscle soreness, tendon or ligament damage, fainting, dizziness, heart attack, disability and death.
High intensity exercise must be approached cautiously in the beginning, a gradual ramp up of intensity is necessary to allow muscles cells to adapt to the new demands being placed on them. Failure to do so, opens the door to a life threatening condition, know as ‘Rhabdomyolysis’. In short, the muscle cells are damaged flooding the bloodstream with toxins that can overwhelm the kidneys as they attempt to cleanse the blood, leading to potential shutdown. CrossFit can cause Rhabdomyolysis. It is important that you start at a reduced intensity. Brown urine, complete muscle weakness and/or swelling of joints are warning signs of ‘Rhabdo’. If you develop these symptoms, seek medical assistance IMMEDIATELY.
If you agree to participate in Rocks CrossFit activities, you agree to do so at your own risk.
In consideration of Rocks CrossFit allowing me to participate in programs, activities and services, I acknowledge, understand and I am aware that:
I have voluntarily chosen to participate in training, programs, activities or services provided by Rocks CrossFit at my own risk.
I understand there are inherent risks in all aspects of physical training and I acknowledge that I have been informed of the possible strenuous nature of the activities and the potential for undesirable physiological or other results including, but not limited to, abnormal blood pressure, muscle soreness, tendon or ligament damage, fainting, dizziness, heart attack, disability and/or death. I also acknowledge that I have been specifically warned about the medical condition “Rhabdomyolysis” and accordingly I have been advised to limit my effort in order to minimise the risks associated with this condition.
I understand that participation in Rocks CrossFit activities may involve weightlifting, gymnastic movements, strenuous bodyweight exercises and other high exertion activities, and that I am not obligated to perform nor participate in any activity that I do not wish to do, and that it is my right to refuse such participation at any time during my training sessions. I understand that should I feel lightheaded, faint, dizzy, nauseated, or experience pain or discomfort, I am to stop the activity and inform my trainer. I give Rocks CrossFit and its officers, employees and contractors permission to administer first aid to me and/or seek emergency medical services for me should I become injured or ill and I agree that I am solely responsible for any expenses incurred and will pay these costs on demand.
Please be aware that Rocks CrossFit has taken Public and Products Liability insurance. Rocks CrossFit encourages all participants to take out Private Health and Income Protection Insurance according to their own individual needs and circumstances. It is an individual’s responsibility to ensure that he/she has adequate insurance cover for his/her needs.
I further acknowledge and agree that due to the nature of the Rocks CrossFit activities it would be unreasonable for Rocks CrossFit to be in any way responsible for any injury or illness to me, any damage to me or my property or my disablement or death.
In this agreement:
- Claim means any claim, cause of action, proceeding, suit or demand against a person however it arises and whether it is present, future, fixed, unascertained, actual or contingent; and
- Liability includes any loss, damage, liability, cost or expense (including legal costs on a solicitor and own client basis) however it arises and whether it is present, future, fixed, unascertained, actual or contingent.
I irrevocably indemnify Rocks CrossFit and Rocks CrossFit officers, employees, volunteers, agents and contractors (the Indemnified) against any Claim or Liability arising from or relating to:
- my participation in training, programs, activities or services conducted or organized by Rocks CrossFit; and
- my use of Rocks CrossFit facilities or equipment.
I irrevocably waive any and all Claims that I have had, have now or may in the future have against the Indemnified arising from or relating to:
- my participation in training, programs, activities or services conducted or organized by Rocks CrossFit; and
- my use of Rocks CrossFit facilities or equipment.
I irrevocably release the Indemnified from any Claim against or Liability of the Indemnified that I may have had, have now or may in the future have against any or each of the Indemnified arising from or relating to:
- my participation in training, programs, activities or services conducted or organized by Rocks CrossFit; and
- my use of Rocks CrossFit facilities or equipment.
I agree that the terms of this agreement are ongoing and will apply to all occasions I participate in Rocks CrossFit programs, activities, training or services.
This agreement shall be binding upon me, my successors, personal representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid or unenforceable, I agree that the invalid or unenforceable part may be severed if a court of competent jurisdiction so orders and the remainder of the agreement shall remain in full legal force and effect.
If I am signing on behalf of a minor child or dependent (dependent) I also give Rocks CrossFit and its employees and contractors permission to administer first aid to my dependent and/or seek emergency medical services for my dependent should my dependent become injured or ill and I agree that I am solely responsible for any expenses incurred and will pay these costs on demand.
Use of picture(s)/film/likeness: I agree to allow Rocks CrossFit, its agents, officers, principals, employees and volunteers to use picture(s), film and/or likeness of me for advertising purposes. In the event I choose not to allow the use of the same for said purpose, I agree that I must inform Rocks CrossFit of this in writing.
I consent to Rocks CrossFit collecting personal information from me including contact details so that I (or my next of kin) can be contacted where required, including in an emergency. I consent to giving and receiving information electronically.
I HAVE READ AND UNDERSTOOD THIS AGREEMENT AND I AM AWARE THAT I AM GIVING UP CERTAIN LEGAL RIGHTS (INCLUDING THE RIGHT TO SUE) WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTOR, ADMINISTERS AND ASSIGNS MAY HAVE AGAINST THE INDEMNIFIED. ANY QUESTIONS I HAD WERE ANSWERED TO MY FULL SATISFACTION.