I acknowledge and agree to the following terms as a condition of my participation in any run or event organised by Orangetheory Fitness Mitcham (Orangetheory):
Assumption of Risk
Running is a physically demanding activity that requires a base level of fitness.
I am in good health and have a sufficient level of fitness to participate safely.
I understand that running carries inherent risks, including but not limited to injury, illness, or death.
Running on roads presents additional risks, including interaction with traffic and uneven surfaces.
Personal Responsibility
I am solely responsible for assessing my fitness and health before participating in any run.
I will run at a speed and in a manner that aligns with my fitness level and physical capabilities.
I will not participate in any run or event if I am experiencing symptoms of an illness that may be contagious.
I am responsible for holding my own insurance for personal injury or death, as Orangetheory does not provide such coverage.
Limitation of Liability
I release Orangetheory and its officers and employees from any and all liability for personal injury, illness, death, property damage, or other losses arising from my participation, except where such liability arises due to their negligence or fraud.
To the extent permitted by law, Orangetheory and its representatives are not liable for any direct, indirect, economic, or consequential losses that may arise from my participation.
Orangetheory retains the right to require me to leave a run or event if, in their absolute discretion, my behaviour, fitness level, or health condition is deemed inappropriate or unsafe.
Consumer Rights and Legal Considerations
I understand that under the Australian Consumer Law (SA), services provided must be delivered with due care and skill and be fit for their intended purpose.
Under the Fair Trading Act 1987, I may be asked to exclude, restrict, or modify the liability of Orangetheory for personal injury.
By signing this waiver, I acknowledge that I may be waiving certain rights to claim compensation in the event of personal injury.
I am not required to sign this waiver, but if I do not, I acknowledge that Orangetheory may refuse to allow my participation.
If I am under 18, I understand that my parent or guardian cannot legally waive my rights.
Use of Personal Information
I consent to Orangetheory using my personal information for marketing and newsletters.
My information will not be shared with third parties without my express consent.