The legal stuff:
Rules, Assumption of risk, waiver of liability, & Indemnity agreement!!
Please read this document carefully before signing. This document has legal consequences & will
affect your legal rights & will eliminate your ability to bring future legal actions.
Geelong Fitness provides an opportunity for
participants to be involved in extreme workouts, training, classes, events, instruction & other activities
which are extreme in tests of toughness, strength, stamina, camaraderie, mental grit & all of which
pushes the participants to their physical limitations & perhaps beyond as a result. There are inherent
risks. All Participants agree to be bound by this assumption of risk, waiver of liability, and waiver
agreement (hereinafter "agreement") as a condition to being a member or casual attendee at Geelong Fitness and
agree to be bound by the rules as later herein defined.
- Rules. As of the date of this agreement, I have read the rules of which are herein attached as exhibit
A entitled RULES ADDENDUM (hereinafter "rules"). I have had an opportunity to read & by signing this
agreement I warrant & certify that I understand the rules. It is agreed that the rules may be modified or
that additional rules may be posted throughout the facility, on our website or additional instructions
may be given to me by a trainer. Collectively, the attached rules, the rules posted throughout the
facility, on our website and the instructions given by the owners, trainers & any Geelong Fitness employees. I agree to unconditionally abide by all
the "rules". I acknowledge & agree that Geelong Fitness and its employees, trainers, or
personnel may immediately cause anyone who disobeys any RULES or whose
behavior endangers safety or negatively affects a person, trainer, facility, or property of any kind, to be
removed from the facility or any event by / with Geelong Fitness. I further agree to comply with all directions,
instructions, and decisions of Geelong Fitness & its personnel. I agree that if any of the RULES SE
are not clear to me I shall immediately ask a trainer for additional clarification. I further agree not to
challenge or disobey the RULES during any active work out, event, or activity as I
understand that my abidance by the RULES protect myself, other participants,
bystanders & trainers.
- Facility The RULES shall be applicable to all workouts, events,
and activities located at 21 Birkett Place, South Geelong, the surrounding area and any remote
location if an event / session is organised by Geelong Fitness
- Assumption of Inherent Risks Geelong Fitness discloses the following inherent risks. Geelong Fitness works outs can be
extremely difficult, & sometimes require exhaustive physical effort, & might include challenging
obstacles that push participants to their physical limits and also might be in hostile environments that
might include extreme heat or cold, snow, fire, mud, extreme changes in elevation, and water.
Some Geelong Fitness workouts include runs, military style obstacles, going through pipes, traversing cargo nets, climbing walls, swimming in cold water, throwing or carrying heavy objects, and traversing muddy areas. Geelong Fitness workouts can be physically hazardous activities that present the ultimate physical and mental challenges to participants. I acknowledge that Geelong Fitness workouts and all related activities are an extreme test of my physical and mental limits that carries with it inherent risks of physical injury mean that when
engaged in Geelong Fitness workouts that there is always a potential that you or any participant could be injured
regardless of the care and precautions taken by Geelong Fitness. I also understand that Geelong Fitness workouts can be
extremely strenuous and as a result has the inherent risk and danger with pushing yourself to your
physical limits. I understand that these hazards may be magnified due to the fact that the Geelong Fitness workouts are sometimes conducted under what may be extreme conditions and circumstances and may
require extreme physical effort and feats.
I understand and acknowledge that the inherent risks of you or any participants being physically injured
by but not limited to 1) contact or collision with persons or objects (e.g. Collision with spectators or
personnel) contact with other participants, contact or collisions with motor vehicles or machinery, and
contact with natural or man-made fixed objects or obstacles; 2) encounter with obstacles (e.g. natural
and man-made water, road and surface hazards, close proximity and / or contact with thick smoke and
open flames, barbed wire, and pipes) 3) equipment related hazards (e.g. broken, defective or
inadequate competition equipment, unexpected equipment failure, imperfect course conditions) 4)
weather related hazards (e.g. extreme heat extreme cold, humidity, ice, rain, fog,) 5) inadequate first aid
and / or emergency measures; and 6) judgement and / or behavior-related problems (e.g. erratic or
inappropriate co-participant behavior, erratic or inappropriate behavior by the participant, errors in
judgement by personnel. I further understand and acknowledge that any of these risks and others, not
specifically named, may cause injury or injuries that may be categorsed as minor, serious, or
catastrophic. Minor injuries are common and include, but are not limited to: scrapes, trips, falls, slips,
bruises, sprains, nausea, heat, and cold injuries, animal bites and/ or stings, and cuts. Serious injuries are
less common, but can sometimes occur. They include, but are not limited to: property loss or damage,
over-use syndrome, broken bones, fractures, torn ligaments, concussions, exposure, heat related illness,
mental stress, or exhaustion & infection. Catastrophic injuries are rare, however, could occur which
might include drowning, near drowning, permanent disabilities, spinal injuries, and paralysis, stroke,
heart attack or even death. All of the above within this paragraph shall be defined as "inherent risks"
I understand that it is my responsibility to inspect the Facility, including the equipment and areas to
be used, and if I believe or become aware that any are unsafe or pose unreasonable risks, I agree to
immediately notify a trainer. By participating in events, workouts, and all activities, I am acknowledging
that I have found the course, facilities, equipment, and areas to be safe and acceptable for participation.
I accept full and sole responsibility for the condition and adequacy of my equipment.
I understand fully the inherent risks involved in the Geelong Fitness workouts and all activities and assert that I am
willingly and voluntarily participating in the events, work outs and all activities. I have read this
agreement entirely and acknowledge that 1) I know the nature of the Geelong Fitness workouts, events and all
activities. 2) I understand the demands of this activity relative to my physical condition; and 3) I
acknowledge and understand the potential impact of the types of injuries that may result from the Geelong Fitness workouts, events and all activities. I hereby assert that I knowingly assume all the inherent risks
of the activity and take full responsibility for any and all damages, liabilities, losses, or expenses that I
incur as result of participating in any Geelong Fitness events, work outs and all activities.
Waiver of Liability for Ordinary Negligence
In consideration of being permitted in the Geelong Fitness workouts events and all activities, I hereby forever
waive, release, covenant not to sue, and discharge Geelong Fitness and any related parties from any and all claims
resulting from the inherent risks of Geelong Fitness workouts, events, and all activities or the ORDINARY
NEGLIGENCE or OMMISSIONS of Geelong Fitness or any related parties.
This agreement applies to 1) personal injury (including death) from incidents or illness arising from the Geelong Fitness workouts, events and all activities, and while at the facility or events or activities organised by Geelong Fitness (including, but not limited to stands, sidewalks, parking areas, restrooms, and dressing facilities);
and 2) any and all claims resulting from damage to, loss of, or theft of property.
Indemnification Agreement
I hereby agree to hold harmless, release, defend, discharge, and indemnify Geelong Fitness and related parties, co-
participants, rescuers, and others arising from my conduct in the course of my participation, including
attorneys? fees and costs, and any other expenses incurred as a result of a breach of the terms of this
agreement from any and all claims made by me (or any releasing party) arising from any harms injury or
loss due to my participation in the Geelong Fitness workouts, events and all activities.
Other Agreements
Venue & Jurisdiction:
I understand that if legal action is brought, the appropriate state or federal trial court for the state of Victoria has the sole and exclusive jurisdiction and that only the substantive laws in the state of Victoria shall apply.
Severability:
I understand and agree that this assumption of risk, waiver of liability, and Indemnification Agreement is intended to be as broad & inclusive as is permitted by the laws in the state of Victoria and that if any provision shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be severed from this agreement and does not affect the validity and enforceability of any remaining provisions.
Integration:
I agree that this agreement supersedes any and all previous oral or written agreements. I understand that this is the entire agreement between me & Geelong Fitness This agreement cannot be modified or changed in any way by representatives or statements by any agent or employee of Geelong Fitness. This agreement may only be amended by a written document duly executed by all parties.
Mediation and Arbitration:
In the events, workouts and all activities of a legal issue, I agree to engage in good faith efforts to mediate any dispute that might arise. Any agreement reached will be formalised by a written contractual agreement at that time. Should the issue not be resolved by non-binding mediation, I agree that all disputes, controversies, or claims arising out of my participation in Geelong Fitness workouts, events, and all activities shall be submitted in binding arbitration in accordance with the Australian Arbitration Association then in effect. The cost of such action shall be shared equally by the parties.
Agreements for the Protection of Participants:
- I have read the RULES attached hereto and understand and agree to be bound by them completely including modifications thereto.
- I assert that I am in good health and in proper physical condition to safely participate in Geelong Fitness workouts, events and all activities. I certify that I have no known or knowable physical or mental conditions that would affect my ability to safely participate in the Geelong Fitness workouts, events & all activities, or that would result in my participation creating a risk of danger to myself or to others.
- I asset that I have not been advised or cautioned against participating by a medical practitioner.
- I understand that it is my responsibility to continuously monitor my own physical and mental condition during all exercises, and I agree to withdraw immediately and to notify appropriate personnel if at any point my continued participation would create a risk of danger to myself or others.
- In the events, workouts, and all activities of an injury to me that renders me unconscious or incapable of making medical decision, I authorise Geelong Fitness personnel and emergency medical personnel called for on my behalf to make medical emergency decisions on my behalf (including, but not limited to CPR and AED)
- I authorise Geelong Fitness to secure medical care or transport (i.e call an ambulance) when deemed necessary by Geelong Fitness, and I shall be responsible for all costs associated with any and all emergency medical care & transportation.
- I acknowledge that Geelong Fitness has instituted its rules for the protection of the participant and co-participants. I agree and recognise the authority of Geelong Fitness to halt my participation (and if necessary, have me removed from the premises) if my participation, conduct, or presence endangers myself or my co-participants.
EXHIBIT A
RULES ADDENDUM
For the safety and protection of everyone participating at the facility all participants agree to the following rules:
Attitude and Behavior: I agree to exhibit appropriate behavior at all times; demonstrate respect for all people, equipment, and facilities; and participate with a cooperative and positive attitude.
Govern Participation: I understand that Geelong Fitness or its hired trainers have the authority to issue instructions or directions relating to the manner of my safe participation in all Geelong Fitness workouts, events & all activities and the absolute authority to halt my participation in a workout or any Geelong Fitness activity at any time they deem necessary to protect the safety of myself, participants, spectators, and personnel; and/or promote fairness and the spirit of Geelong Fitness.
Alcohol and Drugs: Alcohol and drugs are not allowed at the facility or any Geelong Fitness training & events. I certify that I am not and will not ever be under the influence of alcohol or any drugs that would in any way impair my ability to safely participate at a Geelong Fitness workout, Geelong Fitness training or event. I further, understand that alcohol consumption following the events, workouts & all activities is discouraged by Geelong Fitness and Geelong FitnessT shall take no responsibility whatsoever for any decision to consume alcohol at any time before, during or after a Geelong Fitness activity. Furthermore, I agree to notify a trainer if I become aware of, or have suspicion that another participant is under the influence of drugs or alcohol at the Facility
Scheduled Geelong Fitness workouts & special events: I acknowledge that Geelong Fitness at its sole and absolute discretion may delay, modify, or cancel the Geelong Fitness events, workouts, and all activities if conditions or natural or man-made emergencies make administering the events, workouts and all activities unreasonably difficult or unsafe. I agree that ?emergency? is defined to mean any events, workouts and all activities beyond the control of Geelong Fitness including but not limited to: high wind, rain or hail, hurricane, tornado, earthquake, flood, acts of terrorism, fire, threatened or actual strike, labour difficulty or work stoppage, insurrection, war, public disaster, and unavoidable casualty. In the events, workouts and all activities of a delay, modification, or cancellation of the Geelong Fitness workouts, events, or activity, I understand that I will not be entitled to a refund of my entry fee or any other costs incurred in connection with the cancelled or delayed activity.
Photography: I understand that any and all photographs , motion pictures, recordings, and/or likenesses (hereinafter ?Images?) of me captured during or at the Geelong Fitness workouts, events and activities and I agree that all such Images shall become and is the sole property of Geelong Fitness and / or assigns. I grant the right, permission and authority to Geelong Fitness to use my name and any such photographs, motion pictures, recordings, and / or likenesses for any legitimate business purpose, including but not limited to promoting, advertising, and marketing activities. I further understand that Geelong Fitness, as a sole owner, has the full right to sell and/or profit from the commercial use of such photographs, motion pictures, recordings, and/or likenesses.
Specific Rules: I specifically acknowledge and agree to abide by the following rules: 1) no wheeled conveyances or pets allowed at any time; 2) no clothing, props or equipment that pose unnecessary risk to participants, spectators or personnel are permitted; and 3) obey civil & criminal laws including traffic laws.
Appropriate attire: I understand that I should wear workout attire and protective gear where prudent.
Safety: I understand that I should move the safety pads to obstacles I?m using in case I should fall.
Equipment: Immediately Geelong Fitness trainers / personnel if equipment needs to be maintained or is broken.
Cleanliness: Notify Geelong Fitness trainers / personnel if the restrooms or any other are in The facility need to be serviced and tidied up.
Parents: All parents bringing children must each time sign in at the front desk and must take full responsibility for their children, putting safety pads where they are using obstacles and approving each activity and exercise they participate in.
I have read this assumption of risk, waiver of liability, Indemnification Agreement and Rules Addendum and fully understand its terms. I understand that I am giving up substantial rights, including my right to sue. I further acknowledge that I am signing the agreement freely & voluntarily, and intend by my signature to give a complete and unconditional release of all liability due to ORDINARY NEGLIGENCE or OMISSIONS of Geelong Fitness and other related parties or the INHERENT RISKS of Geelong Fitness workouts, to the greatest extent allowed by law in the state of Victoria.
