1. Minimum Age
a) All Members of CrossFit Revelation with a 24 Hour Access Membership must be a minimum of 16 years of age provided that no member under 18 years of age can obtain a 24 Hours Access Membership unless this agreement is signed by their parent or legal guardian.
2. Staffed Access
a) A Member may be subject to a Staffed Access only membership, including punch card packs and promotional memberships, which will only allow access to the Gym during Staffed Hours to access classes only.
3. Access By Non-Members
a) CrossFit Revelation only grants Members, unless otherwise specified in this Agreement, 24 hour access to the Gym. No Member is permitted to bring a non-Member into the Gym.
b) If a Member breaches clause 3(a) of this Agreement, the Member acknowledges that:
i. they accept responsibility and liability on their personal behalf for any injury, loss or damage attributed to the non-Member whether or not caused through the negligence of CrossFit Revelation.
ii. this includes misplacement of card which must be reported immediately so it can be deactivated.
iii. CrossFit Revelation reserves the right to terminate the membership of the Member who brings a non-Member into the Gym.
iv. The member will be prohibited from re- joining CrossFit Revelation.
4. Orientation
a) It is a condition of this Agreement that you participate in a scheduled Member Induction session.
b) The orientation focuses on various aspects of the Gym including, but not limited to, Gym layout, 24/7 access, emergency procedures and amenities.
c) CrossFit Revelation may suspend or terminate this Agreement in the event of unsatisfactory completion of the Member Orientation prior to the commencement of exercise.
d) I agree that I will seek assistance from CrossFit Revelation staff before using equipment that is unfamiliar to me.
5. Physical Condition
a) I acknowledge that it is my responsibility not to use any equipment which may adversely affect any medical condition.
b) I hereby represent to CrossFit Revelation and their directors, officers, employees, contractors and agents that, to the best of my knowledge, I do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death as a result of, the use of the Gym or its facilities.
c) If you have any health or medical concerns now or after you join as a Member of the Gym, you must discuss them with your doctor before using the equipment or the Gym.
d) I acknowledge that CrossFit Revelation did not give me any medical advice before I used the equipment, and cannot give any medical advice after I use the equipment.
6. Pre-Exercise Questionnaire
a) It is a condition of membership with CrossFit Revelation that prior to using the Gym, you have completed the Pre-Exercise Questionnaire and that you will not be permitted to use the Gym until you have completed this form.
b) I acknowledge that CrossFit Revelation reserves the right to restrict, suspend or terminate my membership if CrossFit Revelation is of the reasonable opinion that I am unfit to utilise the Gym on a 24/7 basis.
c) If your membership is restricted or suspended for this reason, your membership will not be reinstated until you provide CrossFit Revelation with a medical certificate confirming that you are cleared for exercise.
7. Video And Audio Surveillance
a) For security purposes, CrossFit Revelation uses video and audio surveillance equipment to monitor the Gym on a 24 hour basis.
b) By accepting this Agreement I acknowledge that by accessing CrossFit Revelation I will be subject to video and audio surveillance and recording.
c) Video surveillance is limited to the floor area only, and is not within the confines of the toilet or showers.
8. Equipment
a) I acknowledge that CrossFit Revelation purchases or leases the equipment from a third party and therefore does not manufacture any of the fitness or other equipment used in the Gym.
b) I acknowledge that CrossFit Revelation is providing recreational services and may not be held liable for defective products or equipment.
9. Liability For Property
a) CrossFit Revelation is not liable to you for any personal property that is damaged, lost, or stolen while on or around the Gym including, but not limited to, a vehicle or its contents or any property left in an open locker.
b) I acknowledge that if I cause damage to the Gym or any equipment I are liable to CrossFit Revelation for its cost of repair or replacement.
10. Release And Indemnity (South Australia)
a) Your rights: Under sections 60 and 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies you with services (including recreational services), there is —
i. a statutory guarantee that those services will be rendered with due care and skill; and
ii. a statutory guarantee that those services, and any product resulting from those services, will be reasonably fit for the purpose for which the services are being acquired (as long as that purpose is made known to the supplier); and
iii. a statutory guarantee that those services, and any product resulting from those services, will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve the result that the consumer wishes to achieve (as long as that wish is made known to the supplier or a person with whom negotiations have been conducted in relation to the acquisition of the services).
b) Excluding, restricting or modifying your rights: Under section 42 of the Fair Trading Act 1987, the supplier of recreational services is entitled to ask you to agree to exclude, restrict or modify his or her liability for any personal injury suffered by you or another person for whom or on whose behalf you are acquiring the services (a third party consumer). If you accept this Agreement, you will be agreeing to exclude, restrict or modify the supplier’s liability with the result that compensation may not be payable if you or the third party consumer suffer personal injury.
c) Important: i. You do not have to agree to exclude, restrict or modify your rights by agreeing to this Agreement. ii. The supplier may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by agreeing to this Agreement. Even if you agree to this Agreement, you may still have further legal rights against the supplier.
d) Agreement to exclude, restrict or modify your rights: You agree that the liability of CrossFit Revelation for any personal injury that may result from the supply of the recreational services that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) is —
i. excluded;
ii. restricted as set out in this Agreement; and
iii. modified as set out in this Agreement.
e) Definitions:
i. Recreational services are services that consist of participation in — - a sporting activity or similar leisure-time pursuit; or - any other activity that involves a significant degree of physical exertion or risk and is undertaken for the purposes of recreation, enjoyment or leisure.
ii. Personal injury is bodily injury and includes mental and nervous shock and death.
f) Further information: Further information about your rights can be found at www.cbs.sa.gov.au
g) I agree to use the facilities provided by CrossFit Revelation at the Gym at my own risk and acknowledge that the use of the Gym may involve risk of injury, whether caused by myself or another party. By accepting this Agreement, I agree that CrossFit Revelation will not be liable for any loss, injury, damage or theft of property, belonging to or brought onto Gym premises by you, or for any death, personal injury or illness on Gym premises, or from using our facilities or equipment.
h) This release does not apply if your death or injury results from gross negligence on our part.
11. Risk Warning
a) CrossFit Revelation warns that whilst you are on our premises using our Gym and recreational services, you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, permanent disability or death. These injuries may occur from you:
i. slipping on wet flooring;
ii. being struck by weights;
iii. colliding with equipment, or other Members;
iv. engaging in strenuous exercise and activities;
v. incorrect use of equipment or Gym; or
vi. falling from climbing ropes or high rings.
b) I acknowledge that any such injury may result not only from my actions but from the action, omission or negligence of others.
c) I acknowledge that any such use of climbing ropes and high rings outside of supervised class times or without supervision from a qualified CrossFit Revelation Coaching staff member is strictly prohibited, and that using the climbing ropes and high rings during unsupervised hours is at my own risk.
d) I acknowledge and agree that the abovementioned injuries and potential causes of injuries are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death.
e) I acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by CrossFit Revelation are safe, there are some significant and inherent risks involved, and I agree that I am participating voluntarily at my own risk and responsibility, thereby exposing myself to certain risks.
12. Agreement Confirmation
a) I confirm that the provisions in this Agreement constitute the entire agreement between the parties hereto and supersede all prior communications, proposals, representations and agreements, whether oral or written with respect to the subject matter of this Agreement.
b) I have read and understood the foregoing assumption of risk, and release of liability and I understand that by signing it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional acts or omissions. I understand that by signing this form I am waiving valuable legal rights.
c) CrossFit Revelation is committed to protecting the privacy of personal of our customers. We make every effort to ensure that the information you share with us is recorded accurately, retained securely and used only according to your wishes. We collect personal details necessary to communicate with you and manage our ongoing business relationship with you. If you have any questions about how your personal information is handled or distributed, or if you wish to receive a full copy of our full privacy policy, please contact our privacy officer.
d) I acknowledge receiving a copy of this Waiver, which is sent to me to my nominated email address.
e) I understand my rights and obligations as stated above. I confirm that I am the full age of 18 years (unless otherwise indicated below) and that I have read and understood this release and waiver of liability and I am aware that by signing this Agreement I am waiving certain legal rights, including the right to claim damages which I or my heirs, executors, administrators, successors or assigns may have against CrossFit Revelation.