Phoenix Physique makes every reasonable attempt to provide safe recreational services however there are significant and inherent risks involved and you agree you are participating voluntarily and thereby exposing you to certain risks.
You acknowledge and accept while participating in activities or attending the Studio:
- the Studio will be unmanned for periods of time between the hours of 4am and 10pm;
- there is no supervision or assistance offered as part of the Membership;
- Phoenix Physique is providing a service only and does not manufacture equipment and cannot be liable for defective products or equipment.
- you may be injured physically or mentally including broken bones, soft tissue injuries, joint injuries, permanent disability, or may die;
- your personal property may be lost or damaged;
- other persons participating in activities in the Studio and their actions or omissions may cause you injury or may damage your property.
You represent and warrant that:
- you understand the risks associated with undertaking activities in an unmanned and unsupervised recreational facility;
- you have the necessary skills and knowledge to train at the Studio unsupervised;
- you are physically and mentally capable of undertaking training and other activities at the Studio;
- you have not made known any expectation of certain results or outcomes from your training;
- you will not use any equipment that may adversely affect any medical condition or physical or mental limitation you're may suffer from; and
- if you suffer or are suffering from a condition that would impair your ability to participate in physical exercise you have obtained all necessary clearances from a doctor to allow you to participate.
Having regard to the above you release, indemnify and hold harmless Phoenix Physique, its officers, servants, agents, contractors and employees from and against all and any actions or claims which may be made by you or on your behalf by other parties for or in respect of or arising out of any injury, loss, damage or death caused to you or your property whether by negligence, breach of contract, breach of consumer guarantees or in any way what so ever from your access to the Studio or use of facilities at the Studio.
Further, you agree that this release whether it arises from the negligence of Phoenix Physique its officers, servants, agents, contractors or employees or otherwise shall be as broad and inclusive as the laws of Queensland allow.
You will indemnify Phoenix Physique for any damage or loss caused by you to its equipment or the Studio.
You acknowledge and agree you are not to admit guests at any time to the Studio without the consent of Phoenix Physique and payment of the casual fee. If this obligation is breached, then:
- your access to the Studio will be immediately suspended for a period of 14-days without any notification to you;
- the second breach constitutes an automatic acceptance by you of a new membership for the nonmember and a fee of $143.40 will be charged to your account; and
- Any subsequent breach gives Phoenix Physique the right to immediately cancel your membership and charge you a cancellation fee of $200.