GYM MEMBER, FITNESS and EXERCISE PHYSIOLOGY SERVICES - LIABILITY WAIVER
FITNESS TRAINING, and EXERCISE OF ANY KIND IS DANGEROUS
The following terms and conditions must be read carefully, as they affect your legal rights:
Interpretation “The Applicant” means the individual who signs this Liability Waiver and agrees to be bound by its terms and conditions and includes a guardian of that individual.
The Applicant or Gym Member must be over 18 years of age.
“The Provider” means Sprightly Fit Pty Ltd as Trustee for Sprightly Fit Business Trust and it’s employees, trainers, contractors, agents, representatives, or venue providers.
“The Services” means any membership, instruction, class, type of training, seminar, or any other activity promoted by The Provider.
The Applicant hereby agrees to be bound by the terms of this Liability Waiver. The Provider agrees to permit The Applicant to use their premises and facilities and provide The Services, and any related activities upon and subject to the following terms and conditions:
a. Payment and Terms of Service The Applicant will pay on demand the prescribed or stated fees for The Services. Such fees have been notified to The Applicant by letter or memorandum or by notice displayed, or verbally. The Applicant has the right to cancel membership at any time, however, if the Applicant has paid for a service and then cancels it, the Provider will not provide a refund.
b. Medical Conditions The Applicant warrants that he or she has not at any time suffered any blackout, seizure, convulsion, and fainting or dizzy spells and is not presently receiving treatment for any illness, disorder or injury, which would render it unsafe for the Applicant to take part in any of The Services.
c. Exclusion of Applicant The Applicant guarantees that he or she has not at any time been excluded from fitness or gym activities due to medical advice or due to a breach of rules or misconduct.
d. Agreement to abide by Gym Rules and Notices The Applicant, agree that they will abide by the Gym Rules and Notices as defined by the Provider. The Applicant has read and understands the Gym Rules and Notices, and agree that any failure to abide by these rules may result in suspension and or expulsion from The Services of The Provider.
e. The Services not to be taught by Applicant The Applicant agrees that he/she is in no way qualified or authorised to teach activities carried on by The Provider, publicly or privately in any way whatsoever for personal, monetary or any form of gain whatsoever unless with the written authorisation of The Provider.
f. Governing Law Any agreement entered into pursuant to this acceptance is to be governed by the laws of the State of Queensland and the Courts of Queensland shall have exclusive jurisdiction to entertain any action in respect of any such agreement.
g. Training done at Applicant’s own Risk Any person participating in The Services carried on by The Provider, are only allowed to do so on the distinct understanding that they do so entirely at their own risk.
h. Acceptance Performance of The Provider’s obligations under this Liability Waiver may be affected by any one or more of The Provider’s either jointly or severally.
i. Personal Image I, The Applicant authorise The Provider to use my image to promote The Services provided by The Provider in any way The Provider chooses.
Acknowledgement I, The Applicant, hereby acknowledge that:
a. I am not an employee of The Provider
b. My participation in any activity or function is purely voluntary and for my own personal interest and benefit.
Waiver and Indemnity In all other cases and except where inconsistent with the above, the Applicant for him/herself, his/her executors, administrators, dependents and other personal representatives, hereby absolves and indemnifies The Providers and all their servants, agents, employees and other students or persons under The Providers control from all liabilities howsoever arising from injury or damage (including but not limited to the Applicants’ person, whether fatal or otherwise, property and personal belongings) however caused, including by the negligence of The Provider, arising out of or participating in any of The Services or in connection with any of The Services or in anyway caused by, or arising out of, any activity carried on by The Provider.
Civil Liability Act I acknowledge that in signing this waiver I am subject to the Civil Liability Act 2003 (QLD) and acknowledge absolutely I have given up my rights to damages for any injuries that may be sustained as a result of my participation in this recreational activity.
DECLARATION OF UNDERSTANDING FITNESS TRAINING, EXERCISE and SPORT OF ANY KIND IS DANGEROUS
I have read and understood the terms of this Liability Waiver or if I did not understand the terms and conditions of this Waiver I requested an independent person to explain them to me and am now fully aware of all terms and conditions associated with this recreational activity.
I, The Applicant, accept and sign this Liability Waiver by my own free will and do so with full understanding of the above.