1. DEFINITIONS
In these Terms and Conditions, unless the contrary intention appears:
(a) The singular includes the plural and vice versa.
(b) A reference to a party includes that party’s legal personal representative, heirs and assigns.
(c) “Activity” means any of the services offered by the Club, including but not limited to group fitness classes, use of gym equipment, personal training, personalised fitness programs, boxing sessions and sparring sessions.
(d) “Club” means Nitro Fitness & Boxing.
(e) “Conditions of Entry” means the conditions of entry specified in clause 6 and as updated or amended from time to time.
(f) “Member” includes the parent or guardian of the Member if the Member is under 18 years.
(g) “Casual Fee” means the amount of AUD $17 - $20 per session (incl GST).
(h) “Nitro Boxing” means BRJL Fitness Pty Ltd ABN 34 679 694 538 trading as Nitro Fitness & Boxing.
(i) “Us” or “we” means Nitro Boxing.
(j) “You” and “your” means the participant.

2. ASSUMPTION OF RISK
(a) You understand that participating in the Activity entails risk of physical injury including, but not limited to:
i. bruising or contusions;
ii. broken or fractured bones;
iii. damaged teeth;
iv. sprains and strains;
v. musculoskeletal injuries;
vi. heart attack;
vii. stroke;
viii. concussion;
ix. brain damage;
x. death.
(b) While Nitro Boxing takes all reasonable care to minimise these risks, You acknowledge and accept that You are engaged in these recreational Activities at Your own risk and You voluntarily accept and assume full responsibility for any risks of loss or personal injury, including death, that may be sustained as a result of participating in the Activity. You acknowledge and agree that Nitro Boxing will not be liable for any harm (including personal injury, accidents, illness or death) suffered by You as a result of the materialisation of such risks.
(c) When a participant engages in boxing or sparring activities at the Club, You acknowledge and accept that:
(i) boxing and/or sparring is a dangerous recreational activity as defined in s18 of the Civil Liability Act 2003 (Qld) in that it is an activity engaged in for enjoyment, relaxation or leisure that involves a significant degree of risk of physical harm to the Member; and
(ii) You are engaged in the dangerous recreational activity at Your own risk.

3. RELEASE
You participate in the Activity at your own risk and, to the extent permitted by law, release Nitro Boxing, its affiliates, employees, agents, contributors and licensors from any and all liabilities, claims, demands, actions, causes of action, costs and expenses of any nature whatsoever arising out of any loss, damage injury or death that may be sustained by any person or property arising from the Activity or upon the premises where the Activity is being conducted.

4. LIMITATION OF LIABILITY
The total aggregate liability of Nitro Boxing arising out of or in connection with the Services, an Activity or these Terms and Conditions, howsoever arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total Casual Fees paid by You.

5. INDEMNITY
(a) You indemnify and hold harmless Nitro Boxing, including its affiliates, employees, agents contributions and licensors from the against all claims, demands, remedies, injury, liabilities, actions, proceedings, right of action, loss, liability or costs (including legal costs on an indemnity basis) that Nitro Boxing may incur arising from but not limited to, your involvement in an Activity, except those claims arising from the gross negligence or wilful misconduct of Nitro Boxing.
(b) The indemnity in this clause 5 survives termination of the Activity.

6. CONDITIONS OF ENTRY
(a) All participants are required to train with a towel (no towel, no train).
(b) Participants are required to wipe down all equipment with the provided wipes or spray after use.
(c) All participants must lie or sit on a towel when using the weights equipment.
(d) Participants must not enter the Boxing Ring unless supervised by a personal trainer or pad holder.
(e) Participants must not spar unless wearing 16oz boxing gloves, head gear and mouth guard.
(f) Participants who are unsure how to use equipment must ask for instruction from a Nitro Boxing employee prior to use.
(g) For your own safety and the safety of others, participants must follow all equipment operating and safety instructions on the equipment.
(h) Participants must place weights and bars on the racks after use.
(i) Nitro Boxing is not responsible for any loss or damage to personal property.
(j) Nitro Boxing recommends that you keep all valuables with you while using the Club.
(k) Nitro Boxing is unable to look after your personal possessions while you are in the Club.
(l) Bags are not permitted on the gym floor.

7. WARRANTY OF PHYSICAL FITNESS
(a) You confirm that You have either been provided with a medical practitioner’s permission to participate in any Activity or You have voluntarily elected to participate in the Activity and all risks related to any Activity without approval of a medical practitioner.
(b) You confirm that You are not aware of any medical or physical condition that would prevent You from participating in the Activity and You are medically sound to participate in an Activity.
(c) You acknowledge that Nitro Boxing has relied on these statements as being accurate and complete as a condition of allowing You to participate in the Activity.
(d) You acknowledge and agree that You are not obligated to participate in any part of an Activity that You do not wish to participate in. You agree to inform Nitro Fitness and Boxing immediately if You do not wish to participate in any specific part of Activity.

8. EMERGENCY MEDICAL TREATMENT
You grant Nitro Boxing permission to authorise emergency medical treatment as it deems appropriate. You understand and agree that Nitro Boxing assumes no responsibility for any injury or damage that might arise out of or in connection with such authorised medical treatment.

9. USE OF PHOTOGRPAHY
You acknowledge and agree that any photos or videos of You taken by the Club or provided to the Club before, during or after an Activity may be used by the Club for promotional purposes, including but not limited to use of the Club’s various social media platforms.

10. PRIVACY
A participant’s “personal information” (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by Nitro Boxing to provide You with the services contemplated by this Agreement.

11. CONSUMER LAW
a) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which, by law, may not be limited or excluded.
b) These Terms do not exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified.
c) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded;
(ii) Nitro Boxing will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee), loss of profit, opportunity or damage to goodwill arising out of or in connection with the Services or these Terms and Conditions (including as a result of not being able to use the Services or the late supply of the Services) whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

12. GENERAL CONDITIONS
(a) Entire Agreement
These Terms constitute the entire agreement, understanding and arrangement (express and implied) between the participant and Nitro Boxing and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.
(b) Governing Law
These Terms and Conditions are governed by the laws of Queensland and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland, Australia.
(c) Severability
These Terms and Conditions are severable, such that if a court of competent jurisdiction holds any term to be illegal or unenforceable, the validity of the remaining provisions shall not be affected.
(d) Age Policy
If relevant, the Nitro Boxing Age Policy forms part of these Terms and Conditions.

13. FINAL DECLARATION AND WAIVER
You warrant, declare and acknowledge that:
(a) that you have been given a copy of these terms and conditions and you agree to abide by them;
(b) you are medically sound to undertake the Activity;
(c) you use the Club facilities at your sole risk and responsibility;
(d) you are aware that exercise is physically demanding and participation in some activities may pose a risk to your health;
(e) if You believe that there is a risk to Your health by participating in an Activity, You must inform Us in writing.