DEFINITIONS:

In this agreement:

a) FUNCTIONAL HUMAN MOVEMENT and ATHLETIC ACTIVITY (FHMAA) mean recreational activities including but not limited to personal training, fitness classes, CrossFit Classes, Workout of the Day (WOD), teams or individual competitions, fitness assessments, use of facilities, observation of athletic activities, Olympic Lifting, Power Lifting, Strongman Training or competitions, gymnastics, strength & conditioning, metabolic conditioning, plyometrics, interval training, bodyweight conditioning, bouldering, rope climbing, macro climbing, stretching, outdoor running on trails or sidewalks, sports, and programs, clinics, seminars, trigger point therapy, indoor & outdoor rock climbing, remedial massage, recreational massage, Girevoy Sport, Kettlebell Lifting, rowing, swimming, Brazilian Jiu-jitsu and services provided to the participant by 2571 PICTON.

b) The term “injury” shall refer to all forms of physical, medical, mental and emotional injury in any way related to FHMAA including, but not limited to: death, breaks, strains, lacerations, dislocations, exercise induced rhabdomyolysis, heart failure, concussion, frostbite, hypothermia, heat illness, dehydration, trauma, anxiety and fears.

DISCLAIMER:

2571 PICTON is not responsible for any death, injury, loss, or damage of any kind suffered by any person while using 2571 PICTON’s facilities, participating in or watching FHMAA conducted by, under instruction by, or on behalf of 2571 PICTON caused in any manner whatsoever including, but not limited to, the negligence of 2571 PICTON except wherein said act of 2571 PICTON is caused through reckless conduct by 2571 PICTON. 

I, the undersigned, am aware that FHMAA conducted by, under instruction of; or on behalf of 2571 PICTON and/or the use of 2571 PICTON’s facilities and equipment have inherent significant dangers and risks including but not limited to the potential for serious personal injury or death including:

a) Transient light headedness, fainting, abnormal blood pressure, chest discomfort, muscle cramps, muscle soreness, pain, discomfort, fatigue, nausea, heart failure, exercise induced rhabdomyolysis;

All manner of injury resulting from slipping or falling, either roped or unroped, while jumping, skipping, running walking, lifting, climbing and impacting against the floor, walls, equipment, other athletes, or any permanent or temporary fixtures or equipment;

Abrasion, entanglement, lacerations, bruising, dislocation, and other injuries resulting from activities on or near stands, racks, weights, bars, Olympic Bars, Pull Up Bars, walls, ropes, cargo nets, bumper plates, Olympic weight plates, medicine balls, and plyometric-boxes;

Injuries resulting from falling athletes or objects such as weights, dumbbells, bars, medicine balls, ropes and so forth or by an objects dropped by other persons conducting athletic activities or assisting others; and

Failure of the equipment, racks, stands, bars, attachments, anchors, ropes, harness.

And I do acknowledge and agree:

That the FHMAA I am participating in requires a moderate to high degree of effort, are designed to be executed in high intensity, and are intended, to maximally challenge my cardiovascular endurance, stamina, strength, flexibility, speed, power, coordination, agility, balance and accuracy;

That I will honestly represent my level of fitness, health, nutrition, use of medication, medical history, and current physical, mental and medical condition to 2571 PICTON;

That although 2571 PICTON takes steps to reduce the risks and increase the safety of all athletic activities, it is not possible for 2571 PICTON to make these athletic activities completely safe;

That I am personally responsible for my preparation prior to athletic activities, my concentration and attention during these athletic activities, and for my post activity rest and recovery

That I will learn and obey the rules and regulations of 2571 PICTON, and that I will follow the directions and instructions of 2571 PICTON during FHMAA.

That I will inform 2571 PICTON immediately should I feel any pain, discomfort, fatigue, nausea or other symptoms that I may suffer during FHMAA.

That I consent to receive first aid and medical treatment by 2571 PICTON in the event of an accident, injury or illness during FHMAA.

That I may stop participating at any time and that I may be directed to stop by 2571 PICTON should I display any noticeable signs of distress.

Photography / Videography / Audio 

Participants involved in any activities FHMAA conducted by or on behalf of 2571 PICTON may be photographed, audiotaped or videotaped during training, in competition, outside of and within the gymnasium by 2571 PICTON. I consent to the use of these photographs and / or videos without financial or non-financial compensation of any kind, on any website of 2571 PICTON or a related entity in any editorial, instructional, promotional or advertising material produced and / or published by 2571 PICTON. 

I agree not to photograph, audiotape or videotape any person within 2571 PICTON’s premises without the prior written consent of 2571 PICTON.

Disruptive Behaviour 

Participants involved in any FHMAA offered by 2571 PICTON will not display destructive, abusive or discouraging behaviour towards 2571 PICTON, 2571 PICTON’s equipment & property, members, volunteers, patrons, the general public, officers, officials, and referees. 2571 PICTON reserves the right to: terminate any membership or participation in any of the above listed events, classes, programs, FHMAA offered by 2571 PICTON; and/or refuse entry to any person engaging in such behaviour. Any language or behaviour that is deemed offensive, abusive, derogatory or detrimental to another member, 2571 PICTON, or visitors may result in: the termination of membership or participation; revocation of right of entry of 2571 PICTON’s premises, at the sole discretion of 2571 PICTON.

Copyright & Intellectual Property

Participants undertaking workshops, seminars, classes and training sessions may NOT in part or in full, copy, reproduce, use for commercial gain, or redistribute any of the following: 2571 PICTON’s publications, protocols, materials, publications for financial or commercial purposes; and all drills provided by 2571 PICTON (referred to as ‘2571 PICTON Materials’). 2571 PICTON at all times owns copyright in all 2571 PICTON Materials and any improvements made to these 2571 PICTON Materials by Participants, 2571 PICTON employees, or 2571 PICTON contractors. We note that the trademark CROSSFIT is owned by CrossFit Inc. and used under license by 2571 PICTON. The 2571 Picton logo is a trademark solely owned by 2571 PICTON. You acknowledge that you have no licence to use any of the 2571 PICTON Materials or trademarks without the express written consent of the respective owners other than the purpose for which it was given to you. 

In consideration of 2571 PICTON allowing me to: participate in FHMAA, attend 2571 PICTON premises, and/or for other good and valuable consideration, receipt and sufficiency of which is acknowledged, I agree as follows:

1. To waive any and all claims that I have or may have in the future against 2571 PICTON and TO RELEASE 2571 PICTON from any and all liability for any loss, damage, expense or injury including death that I may suffer may suffer as a result of my participation in FHMAA, due to any cause including negligence, breach of contract, or breach of any statutory or other duty of care, on the part of 2571 PICTON, and including the failure on the part of 2571 PICTON to safeguard or protect me from the risks, dangers and hazards of athletic recreational activities, but excluding reckless conduct by 2571 PICTON, up to the maximum permitted by law by s139A of the Competition and Consumer Act 2010 (Cth);

2. To hold harmless and indemnify 2571 PICTON from any and all liability for any property damage or personal injury to any third party resulting from my participation in FHMAA up to the maximum permitted by law ;

3. This waiver should be construed as a risk warning and is given as a risk warning in accordance with the provision of the Civil Liability Act 2002 (NSW). FHMAA are dangerous recreational activities that involve a level of significant risk of physical harm.

4. I understand and acknowledge that there are risks, hazards and dangers associated with the FHMAA which cannot be eliminated or reduced, including, but not limited to, the risk of bodily injury and harm.

5. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be exclusively governed by and interpreted in accordance with the laws of NSW Australia; and any litigation involving the parties to this Agreement shall be brought solely within NSW and shall be within the exclusive jurisdiction of the Courts of NSW.

6. In entering into this Agreement I am not relying on any oral or written representations or statements made by 2571 PICTON with respect to the safety of FHMAA other than what is set forth in this Agreement.

7. I have read and understood this agreement prior to signing it, the foregoing assumption of risk, release of liability and am aware that by signing this agreement I am obligated to indemnify the parties named for any liability or death of any person and damage to property caused by my negligent or intentional act or omission, waiving certain legal rights which I or my next of kin, heirs, executors, administrators, assigns and representatives may have against 2571 PICTON.