Participants involved in any activities offered by Farm Fitness Tewinbury may be photographed or videoed during training. The undersigned hereby consents to the use of these photographs and/or videos without compensation, on the Farm Fitness Tewinbury website or in any editorial, promotional or advertising material produced and/or published by Farm Fitness Tewinbury. 

I understand that this consent is voluntary and that I may withdraw my consent at any time by providing written notice to Farm Fitness Tewinbury. Withdrawal of consent will not affect any use of images or recordings made prior to the date such withdrawal is received.

For the purpose of this clause:

This waiver and release of liability applies to my participation in all activities, services and use of facilities provided, organised or made available by Tewin Bury Farm Limited (“Farm Fitness Tewinbury”) at its premises located at Tewinbury Farm, Hertford Road, Welwyn, Hertfordshire, AL6 0JB, including any sites and associated facilities where Farm Fitness Tewinbury’s provides its services.

“Farm Fitness Tewinbury employees” shall include Farm Fitness Tewinbury and their respective directors, agents, employees, fitness trainers, consultants and volunteers, at which Farm Fitness Tewinbury carries out its activities;

“Trainer” means a fitness trainer engaged by Farm Fitness Tewinbury; and

“Users” means those individuals (other than you) that also utilise Farm Fitness Tewinbury’s services.

Gym and Fitness Facilities:

a.     I, the undersigned, am aware that there are significant risks involved in all aspects of physical training. These risks include (but are not limited to):

1.     falls which can result in serious injury or death;

2.     injury or death due to negligence on the part of myself, Farm Fitness Tewinbury employees or Users;

3.     injury or death due to improper use or failure of equipment; and/or

4.     strains and sprains.

b.     I acknowledge that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s) and therefore I agree to carry out any activity at Farm Fitness Tewinbury at its premises located at Tewinbury Farm, Hertford Road, Welwyn, Hertfordshire, AL6 0JB, including any sites and associated facilities where Farm Fitness Tewinbury’s provides its services with reasonable care and respect for Users and Farm Fitness Tewinbury employees.

c.     I agree to notify a Trainer promptly if I become aware of any equipment failure and will not use the equipment until the Trainer has subsequently confirmed that it is safe to do so.

d.     I agree that Farm Fitness Tewinbury will not be liable for any claims, demands, actions or rights of action in relation to personal injury or death where personal injury or death has been caused by me to either myself, Users or Farm Fitness Tewinbury employees (either negligently or intentionally):

1.     failing to act with due respect and regard for the safety of myself, Users or Farm Fitness Tewinbury employees;

2.     using Farm Fitness Tewinbury equipment where I am aware that such equipment may not be fit for safe use; and/or

3.     using such Farm Fitness Tewinbury equipment that I have not been shown how to use in a safe and correct manner by a Trainer,

and I agree that I will not bring any claim or action against Farm Fitness Tewinbury for any of the scenarios detailed in this Clause d and I waive all rights in respect of any such claims.

e.     I confirm that I am willingly and voluntarily participating in the activities offered by Farm Fitness Tewinbury.

f.      I give full permission for any suitably qualified individual to administer first aid deemed necessary by that individual and, in case of serious illness or injury, I give permission for Farm Fitness Tewinbury to call for medical and or surgical care for me and to transport me to a medical facility deemed necessary by qualified individuals for my well-being.

g.     If I am signing on behalf of a minor child, I also give full permission for any person connected with Farm Fitness Tewinbury to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well-being of the child.

h.     I acknowledge that certain gym and fitness facilities by Farm Fitness Tewinbury may be used on an unsupervised basis from time to time. Where no Trainer is present, I understand and agree that any induction, instruction or guidance may be provided by signage, written instructions or other information made available by Farm Fitness Tewinbury and it is my responsibility to read, understand and comply with all such instructions before using any equipment or facilities. When using the indoor facilities which are predominately unsupervised, I agree to:

1.     use Farm Fitness Tewinbury equipment properly, to look after it with reasonable care and skill and to put it back once I have finished using it;

2.     notify a Trainer promptly if I become aware of any equipment failure and will not use the equipment until the Trainer has subsequently confirmed that it is safe to do so and reasonably make other Users aware of the same;

3.     refrain from using equipment and seek instruction from a Trainer if I do not know how to use a specific piece of equipment or machine prior to using that piece of equipment or machine; and

4.     not hold Farm Fitness Tewinbury liable for claims, demands, actions or rights of action in relation to personal injury or death where personal injury or death has been caused by my failure to comply with the above in this Clause h to either myself, Users or Farm Fitness Tewinbury employees (either negligently or intentionally) and I waive all rights in respect of any such claims.

Sauna, Ice Baths and Outdoor Wellness Facilities:

i.      I, the undersigned, am aware that there are known and unknown risks, dangers and hazards involved when using a sauna and ice bath that may cause personal injury, death, property damage and/or loss. These risks include (but are not limited to):

1.     exposure to hot and cold temperatures;

2.     dehydration;

3.     burning;

4.     exposure to hot equipment;

5.     exposure to airborne illnesses;

6.     increased and/or decreased internal body temperature;

7.     rapid change in body temperature if one is used straight after the other;

8.     falls due to slippery surfaces caused by water and condensation; and

9.     damage to personal property due to the exposure to hot temperatures.

j.      I agree not to hold Farm Fitness Tewinbury liable for any claims, demands, actions or rights of action in relation to personal injury, death, property damage and/or loss where personal injury, death, property damage and/or loss has been caused by me to either myself, Users or Farm Fitness Tewinbury employees (either negligently or intentionally) where I have:

1.     failed to act with due respect and regard for the safety of myself, Users or Farm Fitness Tewinbury employees;

2.     failed to comply with the provisions of Clause l below;

3.     used the sauna and/or ice bath when I am aware that they may not be fit for safe use; and/or

4.     misrepresented my physical and mental capability to Farm Fitness Tewinbury by falsely confirming the provisions in Clause k below.

k.     I confirm that I am physically and mentally capable to use a sauna and an ice bath and further confirm that I will:

1.     consult my GP before using the sauna and/or ice bath:

a.     if I suffer from a cardiovascular condition;

b.     if I suffer from a chronic condition which reduces my ability to sweat;

c.     if I am taking medication which affects my blood pressure or which predisposes me to heat rash;

d.     if I have a pacemaker fitted; and/or

e.     if I have any other specific health concerns,

and will only proceed to use the sauna and/or ice bath if my GP has confirmed that it is safe for me to do so.

2.     not use the sauna if I have a fever;

3.     not use the sauna and/or ice bath if I am pregnant or breastfeeding; and

4.     not be under the influence of any drugs, alcohol or any substance which may affect my mental or physical health, (drugs and alcohol are not permitted on the premises whether indoor or outdoor and I acknowledge and agree that Farm Fitness Tewinbury reserves the right to remove me from the premises at any time if they suspect that I am under the influence (at their sole discretion)).

l.      When using the outdoor wellness facilities which are predominately unsupervised, I agree to:

1.     use the sauna and ice bath properly and in accordance with any rules or guidelines that are displayed on the premises and to look after them with reasonable care and skill;

2.     not use the sauna for longer than the recommended time;

3.     notify a Trainer promptly if I become aware of any hazard and will not use the sauna and/or ice bath until the Trainer has subsequently confirmed that it is safe to do so and reasonably make other Users aware of the same;

4.     discontinue my use of the sauna and/or ice bath if I feel dizzy, lightheaded or heat exhausted;

5.     not permit my child if they are under the age of 12 to use the sauna and/or ice bath, but if they are between the ages of 12 and 18, I shall accompany them at all times; and

6.     not hold Farm Fitness Tewinbury liable for claims, demands, actions or rights of action in relation to personal injury or death where personal injury or death has been caused by my failure to comply with the above in this Clause l to either myself, Users or Farm Fitness Tewinbury employees (either negligently or intentionally) and I waive all rights in respect of any such claims.

In the event I cause any personal injury or death to myself, Users or Farm Fitness Tewinbury employees due to my negligence and actions set out in clauses (d) and (j) above, I accept full financial responsibility for such personal injury or death.  

Should Users or Farm Fitness Tewinbury employees or anyone acting on their behalf incur legal and other professional fees and costs as a result of this agreement being enforced based on my negligence and actions set out in clauses (d) and (j) above, I agree to reimburse them on demand in whole for such fees and costs. 

I further agree to fully reimburse Farm Fitness Tewinbury on demand for damage to its property (including but not limited to parks, recreational areas, playgrounds, areas adjacent to main building, and/or any area selected for training by Farm Fitness Tewinbury) and equipment that has resulted from my negligent or intentional actions or omission while participating in activities offered by Farm Fitness Tewinbury.

A Trainer will show you how to correctly use Farm Fitness Tewinbury’s equipment before you will be authorised to use the same. 

Subject always to the paragraph below, if Farm Fitness Tewinbury fails to comply with its obligations in this agreement, it is responsible for loss or damage you suffer that is a foreseeable result of its breaking this contract or its failure to use reasonable care and skill up to a total aggregate value of £15 million throughout the term of this agreement, but it is not responsible for any loss or damage that is not reasonably foreseeable. Loss or damage is reasonably foreseeable if either it is obvious that it will happen or if, at the time this agreement is made, both Farm Fitness Tewinbury and you knew it might reasonably happen.

Farm Fitness Tewinbury does not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by:

1.     negligence of Farm Fitness Tewinbury employees to you or Users; 

2.     for fraud or fraudulent misrepresentation; 

3.     failure of Farm Fitness Tewinbury equipment (provided that it is used in accordance with the terms of this agreement); or

4.     provision of services with a negligent or intentional disregard for your state of health as notified by you in reasonable detail to Farm Fitness Tewinbury employees.

Farm Fitness Tewinbury is not liable for business losses. Farm Fitness Tewinbury only supplies the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose, Farm Fitness Tewinbury will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Farm Fitness Tewinbury is not liable for damage or loss to your property that may happen on the premises whether indoor or outdoor, other than the liability which arises from our negligence or our failure to take reasonable care. 

We will deal with all information we collect, store and process about you in line with our privacy policy which you can get from our website www.farmfitness.co.uk or from our premises. If you want to know what information we hold about you, or wish to correct any information we hold about you, the applicable procedures are set out in our privacy policy. 

I acknowledge that I have the right to access, rectify or request the deletion of my personal data in accordance with the privacy policy.

For the avoidance of doubt, I acknowledge and agree that this agreement does not give me any rights or legal relationship with the land owner, Tewin Bury Farm Limited.

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect and the remaining paragraphs will be amended as necessary in order for them to continue to have legal effect thereafter.

This agreement shall be binding upon you, your successors, representatives, heirs, executors, assigns and transferees. 

These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts.

I acknowledge and agree to the above and confirm that I have no physical impairments, injuries, or illnesses that will endanger me or others and, if this were to change at any time, I will notify Farm Fitness Tewinbury before continuing any further activities or using any equipment offered by Farm Fitness Tewinbury.

If the participant is under the age of 18,
 Signature of Parent/Guardian: