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Terms and Conditions
  1. I acknowledge that I will comply with any reasonable direction of the officials and staff of the Club in relation to:
    • entry to exit from the gym
    • the use of the facilities and equipment in the gym; and
    • my behaviour and conduct whilst on the premises.
  2. I acknowledge that I have sole responsibility for my personal possessions and athletic equipment whilst at the gym or during its related activities.
  3. I consent to receive medical treatment which may be deemed advisable in the event of injury, accident and/or illness whilst on the premises. It is suggested that all persons seek medical advice and obtain a medical clearance prior to engaging in physical exercise.
  4. I am aware that the use of the gym and its facilities involves strenuous activity that can be physically demanding and that exercise and the equipment used is potentially dangerous.
  5. I agree that I am in a good state of health and I am medically fit to use the gym facilities and there is no medical reason to prevent me from proceeding with the use of the gym facilities without endangering my health.
  6. I agree to conduct myself in an orderly and proper manner and not emerge in conduct, which could cause harm, create a hazard or nuisance to other members.
  7. I acknowledge that the club cannot warrant the safety and suitability of the Gym equipment.
  8. I hereby assume all risks associated with the use premises and facilities.
  9. I have undertaken an orientation tour and induction of the Gym.
SAUNA USAGE 

Acknowledgment and Assumption of Risk:

I, the undersigned, acknowledge that the use of the sauna facilities at CrossFit 4165’s Refresh Wellness involves inherent risks, including but not limited to, dehydration, heat exhaustion, burns, and other heat-related injuries or conditions. I understand that the sauna operates at high temperatures and may not be suitable for everyone.

Medical Conditions and Personal Responsibility:

I confirm that I am in good health and have no medical conditions that would contraindicate my use of the sauna. I have consulted with my physician, if necessary, and have received clearance to use the sauna. I agree to follow all posted and verbal instructions related to the safe use of the sauna.

Release and Waiver of Liability:

In consideration of being permitted to use the sauna facilities, I, for myself, my heirs, executors, administrators, and assigns, hereby waive, release, and discharge CrossFit 4165, its owners, employees, agents, and representatives from any and all claims, demands, liabilities, or causes of action arising out of or related to my use of the sauna facilities, whether caused by negligence or otherwise. 

Indemnification:

I agree to indemnify and hold harmless CrossFit 4165, its owners, employees, agents, and representatives from any claims, demands, or liabilities arising out of my use of the sauna facilities, including but not limited to, any claims arising from any injuries or damages that may occur as a result of my use of the sauna. 

Agreement to Follow Rules:

I agree to adhere to all posted sauna rules and guidelines provided by CrossFit 4165. I understand that failure to comply with these rules may result in my removal from the sauna facilities.

Consent to Medical Treatment:

In the event of an emergency, I consent to any necessary medical treatment, and I will be responsible for all costs associated with such treatment.

Acknowledgment of Understanding:

I have read and fully understand the terms of this waiver. I am aware that by signing this document, I am giving up certain legal rights and/or remedies that may be available to me. 


24/7 Member Access

1. Members Only Access:
  - The 24/7 facility is strictly for members only. No drop-in visitors are allowed without prior consent from management and the completion of an applicable waiver(fee will apply).  

2. Child Safety:
  - NO children are allowed in the venue outside of designated class times.  
  - Members under 14 years of age are not able to attend outside of staffed hours, 14-17 year olds  must be accompanied by an adult who holds a current active membership at CrossFit 4165.  

3. Emergency Duress Lanyards:
  - Members are required to carry emergency duress lanyards when accessing the facility outside of normal gym hours and when no other member is present.   

4. Class Times:

  - Class times will always take precedence, and no individual training is to take place of the main gym floor during these hours.  

5. The Sauna:

  - No access is permitted to the sauna unless you have pre-purchased a pack or have an integrated membership. 

6. Gym Appearance:

  - The gym is to be left in a clean and safe manner, floor clean, equipment away. Please report any and all issues to management if these rules are not being followed. 

6. Adherence to Rules:
  - All members are expected to follow the facility rules and guidelines at all times. Failure to comply may result in restrictions or the cancellation of 24/7 access privileges.  

  - Initial breach of the facility rules/guidelines will result in an automatic 4 weeks suspension, a subsequent breach will restrict access permanently.  

 

By using the 24/7 facility, you acknowledge and agree to abide by these terms. Thank you for your cooperation in maintaining a safe and welcoming environment for all members.  

 

24/7 Legal Disclaimer

  1. The Facility may be unmanned and unstaffed at certain times (the Unmanned
    Hours). Staff hours will be determined on a staff-availability basis
    and we reserve the right to determine staff hours at our sole discretion,
    without prior notice to members. 

 

        2. You acknowledge that, where you use the Facility during the unmanned Hours, you do so at your own risk. You release and indemnify u in the event of any cost, loss, injury or death arising  from or in connection with your use of the Facility during the Unmanned Hours. 


        3. You agree and acknowledge that:

            (a) Your participation in exercise and fitness  activities, and your use  of our services, equipment, facilities and products entails an inherent risk of injury, including, without limitation:

            (i)  Physical injury, including broken bones, sprains or fractures, joint injuries, soft tissue injuries, muscle fatigue, total permanent disability or death; and

            (ii)  Psychiatric injury, including distress, anxiety, discomfort, pure psychiatric injury and  emotional harm

           (b)Such injury may result from a number of causes, including, without limitation: 

             (i)  Your own actions, omissions, negligence or default;

            (ii) The actions, omissions, negligence or default of others, including other members, trainers, staff, employees and/or contractors, visitors and invitees of the Facility.  
             (c)You participate in exercise activities and use  our services, equipment, facilities and products of voluntarily and at your own risk. 
             (d)To the extent permitted by law, you indemnify us against all actions, suits, proceedings, claims, demands, losses, damages, penalties, costs or expenses arising from or in connection with your membership; your                          involvement in our exercise classes and activities, or your use of our facilities, services, equipment or  products, except to the extent that such loss, injury or  damage is caused or contributed to by our deliberate act or                     gross negligence or that of  our employees. 

 


New Member Liability Waiver

High intensity exercise must be approached cautiously in the beginning; a gradual ramp up is necessary to allow muscle cells to adapt to the new demands being placed on them. Failure to do so opens the door to a life-threating condition known as 'Rhabdomyolysis'. In short, the muscle cells are damaged, flooding the bloodstream with toxins that can overwhelm the kidneys as they attempt to cleanse the blood, leading to potential shutdown.

High intensity exercise can cause 'Rhabdomyolysis'. It is important that you start at a reduced intensity. Brown urine, complete muscle weakness and/or swelling of joints are warning signs of 'Rhabdomyolysis'. If you develop these symptoms, seek medical assistance immediately. In consideration of ASA Fitness Pty Ltd trading as CrossFit 4165 allowing me to participate in physical activities, I acknowledge, understand and am aware that:

  • I have voluntarily chosen to participate in activities provided by CrossFit 4165. I understand there are inherent risks in all aspects of physical training and I acknowledge that I have been informed of the possible strenuous nature of the training and the potential for undesirable physiological results including, but not limited to: abnormal blood pressure, muscle soreness, fainting, heart attack and/or death. I also acknowledge that I have been specifically warned about the medical condition 'Rhabdomyolysis' and accordingly I have been advised to limit my effort in order to minimise the risks associated with this condition.
  • I understand that the training may involve weightlifting, gymnastic movements, strenuous bodyweight exercises and other high exertion activities, and that I am not obligated to perform nor participate in any activity that I do not wish to do, and that it is my right to refuse such participation at any time during my training sessions. I understand that should I feel lightheaded, faint, dizzy, nauseated, or experience pain or discomfort I am able stop the activity and inform my trainer. I give CrossFit 4165 permission to render first aid and seek emergency medical services for me should I become injured or ill with the understanding that I am responsible for any expenses incurred.
  • I agree to WAIVE ANY AND ALL CLAIMS that I have or may have in the future against CrossFit 4165, its directors, coaches/contractors, agents and volunteers. I agree to release these parties from any and all liability for any loss, damage, injury or expense that I may suffer, or that my next of kin may suffer as a result of my participation in the programs, activities and services offered by CrossFit 4165 due to any cause whatsoever including negligence, breach of contract, or breach of any statutory or other duty of care. I agree to HOLD HARMLESS AND IDEMNIFY THE ABOVE PARTIES from any and all liability for any damage to the property of, or personal injury to, any third party, resulting from my participation in any program, activity or service provided by CrossFit 4165.
  • This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect. If I am signing on behalf of a minor child, I also give full permission for any person connected with CrossFit 4165 to administer any first aid deemed necessary, and in any 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.
  • Use of picture(s)/film/likeness: I agree to allow CrossFit 4165, its agents, officers, principals, employees and volunteers to use picture(s)/film and/or likeness of me for advertising purposes In the event I choose not to allow the use of the same foresaid purpose, I agree that I must inform CrossFit 4165 of this in writing.

I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS THE "INFORMED CONSENT FORM" I AM WAIVING CERTAIN LEGAL WRITES (INCLUDING THE RIGHT TO SUE) WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTOR, ADMINSTERS AND ASSIGNS MAY HAVE AGAINST THE RELEASEES. ANY QUESTIONS I HAD WERE ANSWERED TO MY FULL SATISFACTION.

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