Access to, and use of, services (Services) provided by Aquatic Coaching Pty Ltd (ACN 613 979 749) at a Ripple Swim branded Location (Location).
I, being the undersigned acknowledge and agree:
- I warrant that the information contained in this agreement is true and correct.
- At all times, I agree to use the Services in a safe and appropriate manner and in accordance with any instructions or directions given to me by Ripple Swim, its directors, officers, employees, agents, volunteers and independent contractors (together, the Releasees).
Acknowledgement of risk
- I assume all risks of participating in the Services provided by, or associated with, the Releasees.
- I acknowledge there is possible danger and inherent risk associated with any physical activity, including the dangers of death or physical injury. To the maximum extent permitted by law, I assume and accept all risks and responsibility in connection with my use of the Services of the Releasees.
- I agree to waive any and all claims that I have or may have in the future against the Releasees and release the Releasees from any and all liability for any loss, damage, injury or expense that I may suffer as a result of my participation in the Services provided by Ripple Swim.
- I agree to hold harmless and indemnify the Releasees from any and all claims for any damage to the property of, personal injury to, any third party, resulting from my participation in any program, activity or service provided by Releasees.
Physical condition
- I represent and warrant that I am in good physical condition and have no medical reason or impairment which might prevent me from my intended use of the Services by the Releasees. If I have any health or medical concerns now or in the future, I will discuss them with my doctor before using or participating in the Services.
Damaged, lost or stolen property
- To the maximum extent permitted by law, I:
(a) understand Ripple Swim is not responsible for any of my personal property damaged, lost or stolen while in or around the Location; and
(b) release the Releasees from any claim, demand, damage, loss or liability in connection with my use of or participation in the Services whether in tort, statute or otherwise in connection with any damage or loss of property sustained by me, whether direct, indirect, special or consequential loss or damage.
Medical assistance
- 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 the Releasees permission to seek emergency medical services should I become injured or ill with the understanding that I am responsible for any expenses incurred.
- If I am signing on behalf of a minor, I give permission for Ripple Swim, its staff or contractors to administer first aid if deemed necessary. In the case of serious illness or injury, I give permission for medical and/or surgical care, including transport to a medical facility.
Media
- I grant Ripple Swim permission to use photograph, video, or other digital media in any and all of its publications, including web-based publications, without payment or other consideration during my attendances at a Location.
Severance
- If any part of the foregoing is in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from this agreement without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.
Survival
- This agreement is independent and survives termination of any relationship between myself and Ripple Swim.
Interpretation
- In this waiver of liability, unless the context otherwise requires:
(a) mentioning anything after includes, including or similar expressions, does not limit what else might be included;
(b) the singular includes the plural, and vice versa; AND
(c) a reference to Ripple Swim or me includes successors, permitted assigns and legal personal representatives of Ripple Swim or me, as applicable.
Terms and conditions and policy
- I agree to comply with any terms and conditions (including the Membership Terms and Conditions which are incorporated by reference), policies and reasonable directions given to me by Ripple Swim in connection with my use and/or participation in the Services from time to time.
In consideration of Ripple Swim providing me access to the Services and the Location, I agree to be bound by the terms set out in this agreement.