1. General Terms
1.1 This waiver applies to all clients participating in courses and activities at Kai Fitness Pty Ltd (ABN 97 653 706 284) located at G02, 16 Orion Rd, Lane Cove West, NSW 2066 (the Studio), including adults, minors, and trial clients.
1.2 By signing this waiver agreement, you (including guardians representing minors) agree to comply with all the terms below and assume full responsibility for any consequences that may arise from using the Studio's facilities and participating in related activities.
2. Safety Responsibility
2.1 Clients must ensure that their physical condition is suitable for participating in the Studio's activities and consult a doctor or professional medical personnel before participating in any course.
2.2 Clients must strictly follow the instructors' guidance and the Studio's safety regulations when using the Studio's facilities. The Studio is not responsible for any injuries caused by violations of regulations or the clients' decisions to perform high-risk actions.
2.3 The Studio is not responsible for any accidents, injuries, or health issues caused by clients' negligence or improper use of the facilities.
3. Health Declaration
3.1 Clients declare that they have truthfully disclosed their health condition, including but not limited to past medical history, existing illnesses, and any health issues that may affect physical activity.
3.2 The Studio's instructors will provide appropriate guidance and course arrangements based on the information provided by clients but are not responsible for any consequences arising from undisclosed health issues.
3.3 I understand that the trainers and staff at Kai Fitness are not medical professionals, and any exercise advice or guidance provided should not replace the advice of a healthcare professional.
3.4 I acknowledge that physical activity and exercise may involve a risk of injury or illness, and I knowingly assume this risk.
3.5 I will immediately inform the trainers or staff at Kai Fitness of any changes in my health condition that may affect my ability to safely participate in exercise.
3.6 I release and waive any claims or demands against Kai Fitness, including its trainers, staff, owners, or affiliates, for any injury, illness, or damage suffered during or as a result of the use of the facilities or participation in any training activities.
4. Privacy Protection
4.1 The Studio respects and protects clients' privacy and commits not to disclose clients' personal information to third parties unless required by law or with the client's consent.
4.2 Photo and Media Consent
The Studio may take photographs or videos during classes, training sessions, or events. Any use of such images or recordings for promotional or marketing purposes is subject to the client’s or guardian’s consent as indicated in this registration form.
5. Activity Risk
5.1 Participating in activities at the Studio involves certain risks, including but not limited to physical injury and property loss. Clients should fully understand these risks and voluntarily assume them.
5.2 The Studio will strive to provide a safe environment and professional guidance but is not responsible for accidents caused by force majeure or clients' own actions.
6. Limitation of Liability
6.1 To the maximum extent permitted by law, the Studio and its instructors and staff are not liable for any loss, injury, or damage arising from participation in Studio activities, except where required by law.
6.2 Where liability cannot be excluded by law, the Studio’s liability is limited to the maximum extent permitted by law.
7. Children's Classes
7.1 Guardians must ensure that their children are in a suitable health condition to participate in the courses and provide accurate health information.
7.2 During children's classes, guardians must promptly pick up and drop off their children and are responsible for their safety outside the class times.
8. Risk Warning
8.1 Clients acknowledge that they have been fully informed of the inherent risks of participating in the Studio's activities, including but not limited to physical injury and property loss. The Studio has provided relevant risk warnings and informed clients of potential risks.
9. Special Terms for Minor Clients
9.1 Guardians agree to assume full responsibility for the behavior and safety of minor clients while participating in Studio activities and ensure minors comply with all rules and guidance.
9.2 Minors must be accompanied by a parent, guardian, or designated responsible adult outside class times, including drop-off and pick-up.
10. Emergency Procedures
10.1 Clients agree that in the event of an emergency, the Studio has the authority to take necessary emergency measures, including contacting emergency services and providing first aid.
11. Dispute Resolution
11.1 Any disputes arising from or related to this agreement should first be resolved through amicable negotiations. If negotiations fail, the dispute should be submitted to the relevant legal authorities in New South Wales for resolution.
12. Miscellaneous
12.1 These terms are governed by and interpreted in accordance with Australian law.
12.2 If any provision is deemed invalid or unenforceable, the remaining provisions remain effective.